20220405_D1_IntroOrd2022 212 — Laguna Niguel City Council, April 5, 2022

CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Justin J. Martin, Deputy City Manager
DATE: April 5, 2022
SUBJECT: Introduction of Ordinance No. 2022-212, Amending the Laguna Niguel Municipal Code Related to the Military Support Committee, and Liability Review

RECOMMENDATION
Staff recommends that the City Council:

1. Waive full reading, make any amendments to, and introduce Ordinance No. 2022-212 by title:

ORDINANCE NO. 2022-212

AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL

AMENDING THE LAGUNA NIGUEL MUNICIPAL CODE RELATING TO

THE MILITARY SUPPORT COMMITTEE, INCLUDING PROVISIONS ON

APPOINTMENT AND REMOVAL OF MEMBERS, ROLE OF CITY

COUNCIL LIAISONS, DESIGNATION AND SELECTION OF CHAIR AND

VICE-CHAIR, UPDATING THE LIST OF DUTIES AND LIST OF EX-

OFFICIO MEMBERS TO REFLECT CHANGES IN ADOPTED MILITARY

UNITS AND PROVIDING FOR THE COUNCIL'S SELECTION OF

ADOPTED MILITARY UNITS, 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 19, 2022 City Council meeting and adopt the Ordinance at that meeting.

BACKGROUND
During the City Council meeting held on January 18, 2022, the City Council considered speral aly tate altay Support to to the vier put it torMent and is serene d 2 City Council did not take action to adopt the presented updates and amendments. The City Council did, however, direct staff to return to the City Council with a new list of Municipal Code updates for the provisions related to the Military Support Committee.

The City Council's action requested that the following amendments be included on the City Council agenda on February 1, 2022:
• Provide that 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;
• Provide that the City Council liaisons to the Committee shall serve as non-voting advisory members of the Committee and not as Co-Chairs; • Provide that the members of the Committee shall select the Chair and Vice Chair of the Committee; and,
• Update the Municipal Code provisions related to the listing of specific adoptive military units, including the list of ex-officio members from those units, and provide that the Council shall make the future designations of which military units are to be supported by the City and the Committee.

Staff returned to the City Council again on February 1, 2022 with the aforementioned, requested amendments. At that time, the City Council did not take action to adopt the presented updates and amendments. However, the City Council did direct staff to return with additional information related to:
• Any associated increase in risk given the proposed change to the existing Committee leadership structure;
• Information on how the Committee will operate if such changes to the existing Co- Chair leadership were to be approved;
• A modification to the proposed ordinance language related to the recommendation that the selection process for Chair and Vice Chair should include a requirement that the Committee strongly consider, but not be mandated to select, a military veteran to serve in at least one of the two positions.; and, • Answers to several other questions specific to legal implications surrounding fundraising, Committee structure and expense.

ANALYSIS
Upon further review, it has been confirmed that the proposed changes to the Military Support Committee leadership structure do not create any liability for the City because all employees, volunteers and elected and appointed officials are classified under the same definition in the City's Liability Program Memorandum of Coverage.

Risk Assessment
To further assess the topic of liability risk, staff engaged with the City's comprehensive insurance and risk management provider, the California Joint Powers Insurance Authority 3 (CJPIA). City staff requested a search and review of records of any claims or lawsuits against the City pertaining to activities undertaken by the Military Support Committee, any claims or lawsuits that have arisen against the City on account of the acts or omissions of the Committee or on account of a member of the Committee in the performance of their duties, since inception of the Committee. The CJPIA found no such claims or lawsuits.

An additional claim search and review was conducted for all City Committees, and no such claims or lawsuits were found.

Upon review of the City's Liability Program Memorandum of Coverage, a volunteer is classified under the definition of employee. The following provision exists for volunteers, employees and elected and appointed officials as it pertains to any claim, liability, alleged liability, loss, cost or expense caused by the intentional conduct of a "Protected Party" (which means volunteer and City) with willful and conscious disregard of the rights or safety of others or with malice:
• Where the "Protected Party" (City) did not authorize, ratify, participate in, consent to or have knowledge of such conduct by its past or present employee, elected or appointed official or volunteer and the claim against the "Protected Party" is based solely on its vicarious liability arising from its relationship with such employee, elected or appointed official or volunteer, the exclusion of the City from coverage will not apply to the "Protected Party"
In short, in instances where the liability arises due to the act of a volunteer committed during the scope and course of their duties as a volunteer, the City will be covered by CJPIA insurance. In addition, if the volunteer's act or omission is committed with willful and conscious disregard of the rights and safety of others or with malice, the City will remain covered by CJPIA insurance coverage provided the City did not authorize the conduct or have knowledge of similar past conduct by the volunteer. Further, as was previously mentioned, the proposed changes to the Military Support Committee leadership structure also do not create any liability for the City because all employees, volunteers and elected and appointed officials are classified under the same definition.

Committee Operations
If the Military Support Committee were to operate under a Chair and Vice-Chair structure instead of the current City Council member Co-Chair structure, these leadership positions would be selected by the Committee. Similar to many other City Committees and Commissions, the Chair would lead the Committee through the business of each meeting and the Vice-Chair would lead the meeting in the absence of the Chair. The Chair and/or Vice Chair would also lead the Committee through implementation of the Committee's adopted guidelines, which will likely need to be reviewed and updated if this change is adopted. These guidelines are developed and governed by the Committee themselves (Attachment A).

Additionally, the Chair and/or Vice-Chair would also be responsible for working with designated City staff to assure that agenda items are scheduled for inclusion on the 4 meeting agenda and that communication to the members of the Committee are sent as is appropriate and necessary.

Again, as was previously mentioned, the proposed changes to the Committee leadership structure do not create a liability for the City.

Strong Consideration of Veteran Status in Selecting Committee Chair and/or Vice-Chair The consensus of the City Council during the February 1, 2022 City Council meeting discussion was to add language to the proposed ordinance that gives strong consideration of Veteran Status when selecting a Chair and/or Vice Chair of the Committee. The proposed language is: For the selection of the position of Committee Chair and Vice-Chair, it is required that the Committee strongly consider, but not be mandated to select, a military veteran to serve in at least one of those two positions.

Additional Specific Questions and Answers Pertaining to the Military Support Committee During the February 1, 2022 City Council meeting, several additional questions specific to legal review and implications, fundraising and expenses were asked. These questions and associated answers have been compiled into a frequently asked questions (FAQ) document, which can be found as Attachment B to this report.

Proposed Ordinance Items Carried Forward from the February 1, 2022 City Council Meeting
The following topic areas have been carried forward and remain included in Ordinance No. 2022-212:

Appointment and Removal of Military Support Committee Members Currently, the appointment and removal of all Military Support Committee members is the sole responsibility of the committee Co-Chairs. The request is to amend this process to make it identical to all other Committees and Commissions.

The recommendation is to appoint and remove all Military Support Committee members through vote of the City Council majority.

The rationale behind this request it 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.

City Council Liaisons to Serve as Non-voting Advisory Members, Not Co-Chairs Currently, two City Council members are appointed by the entire City Council to serve as Co-Chairs to the Committee. The Co-chairs lead the Committee through the business of each meeting and through implementation of Committee guidelines. The request is to shift from City Council appointed Co-Chairs, to City 5 Council liaisons. 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.

Making this change will make the Military Support Committee liaison structure match that of the other Commissions and Committees, excluding the Investment, Banking & Audit Committee (IB&A), resulting in a non-voting advisory role by the liaisons, and the appointment of a Chair and Vice Chair from the Committee membership.

Members of the Committee Shall Select the Chair and Vice Chair of the Committee Currently, the Committee is Co-Chaired by two City Council members. The request is to have Committee members who are selected by the Committee to serve as Chair and Vice Chair of the Committee. 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 during a regular meeting and serve through the end of the current 1-year term. The selection of a Chair and Vice Chair will thereafter continue to be made annually.

Making this change will make the Military Support Committee Chair and Vice Chair structure match that of the other Commissions and Committees. 'Ex Officio Members' and 'Duties of the Committee' Section Updates Pertaining to the Listing of Specific Adoptive Military Units
The Municipal Code currently lists the City's adoptive military units as being the USS McClusky and the USMC 1/4. 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, in the future. 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. The recommendation is to include the phrase 'city council's selected adoptive military units in all provisions that include specific reference currently. Additionally, language specific to the City Council making the future designations of which military units are to be supported by the City and the Committee is also recommended for inclusion in the draft ordinance.

The rationale behind this request it 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 that the selection of adoptive units to be a decision requiring City Council approval.

All of the changes described above are included in Ordinance 2022-212 (Attachment C). 6 ALTERNATIVES CONSIDERED
The City Council may elect to:

1. Make no changes to the existing Ordinance.

2. Make additional edits to the provisions of Commissions, Boards and Committees.

FISCAL REVIEW
Adoption of Ordinance No. 2022-212 has no additional fiscal impact to the City.

LEGAL REVIEW
The City Attorney's Office has reviewed and approved this report and Ordinance No. 2022-212 as to form and content, including the review and approval of the section on liability risk, and has researched, drafted and otherwise reviewed and approved the contents of the FAQ Responses document, attached as Attachment B.

CONCLUSION
In order to update the provisions on City Commissions, Boards and Committees, specifically the Military Support Committee, staff recommends that the City Council:

1. Waive full reading, make any amendments to, and introduce Ordinance No. 2022-212 by title:

ORDINANCE NO. 2022-212

AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL

AMENDING THE LAGUNA NIGUEL MUNICIPAL CODE RELATING TO

THE MILITARY SUPPORT COMMITTEE, INCLUDING PROVISIONS ON

APPOINTMENT AND REMOVAL OF MEMBERS, ROLE OF CITY

COUNCIL LIAISONS, DESIGNATION AND SELECTION OF CHAIR AND

VICE-CHAIR, UPDATING THE LIST OF DUTIES AND LIST OF EX-

OFFICIO MEMBERS TO REFLECT CHANGES IN ADOPTED MILITARY

UNITS AND PROVIDING FOR THE COUNCIL'S SELECTION OF

ADOPTED MILITARY UNITS, 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 19, 2022 City Council meeting and adopt the Ordinance at that meeting.
7 juating. Mantin for: nate a Montre
amara S . Letourneau
City Manager Deputy City Manager
Kevin G. Ennis, Esq.

City Attorney
Attachments:

A. Military Support Committee Guidelines
B. FAQ Responses
C. Ordinance No. 2022-212

ATTACHMENT A
Military Support Committee Guidelines
Military Support Committee
Operational Guidelines
Approved: 01/18/2022
The City of Laguna Niguel has a number of Commissions and Committees whose members are appointed on an annual basis. These operational guidelines provide an overview of the policies and procedures that support the Military Support Committee. 1) Purpose of the Military Support Committee:

The Military Support Committee was formed in 2007 and is an official committee of the City of Laguna Niguel. The Military Support Committee works closely with command-appointed liaisons from the City's adopted military units and provides opportunities for community involvement and participation. 2) Role and Responsibilities of the Military Support Committee:

Pursuant to Laguna Niguel Municipal Code, Title 2 (Administration and Personnel), Division 3 (Commissions, Boards, and Committees), Article 3 (Military Support Committee) as updated by Ordinance No. 2019-198 (Exhibit "C"):
a) To maintain continuous communication and contact between the City and representatives of the City's adopted military units.
b) To determine the support needs of the personnel and families of the City's adopted military units.

C) To plan, organize and conduct programs and special events to support the personnel and families of the City's adopted military units. d) To represent the City at ceremonial and social events, upon the invitation of the Commanding Officer (or his/her representative) of the City's adopted military units.

To solicit and raise private funds and donations to support the Laguna Niguel Military Support Foundation's mission to support City's adoptive relationship, programs, and special events with the City's adopted military units. 1 f) To provide periodic updates to the City Council on its activities. g) Such other duties and responsibilities as may be assigned by the Laguna Niguel City Council.
3) Qualifications for Membership:

To qualify for membership on the Military Support Committee, an applicant must be a Registered Voter. Applicants do not have to live within the City of Laguna Niguel. 4) Membership and Appointment:

Pursuant to Laguna Niguel Municipal Code, Title 2 (Administration and Personnel), Division 3 (Commissions, Boards, and Committees), Article 3 (Military Support Committee) as updated by Ordinance No. 2019-198 (Exhibit "C"):
a) Membership shall consist of not less than ten (10) nor more than twenty (20) members. Two (2) members of the City Council shall serve on the Military Support Committee and shall be appointed by majority vote of the full City Council. The two (2) members appointed by the City Council shall serve as Co-Chairs of the Military Support Committee.
b) The remaining members of the Military Support Committee shall be at-large members appointed by the Co-Chairs as deemed appropriate, and may include representatives from local service clubs, charities, civic organizations, veteran's organizations, as well as interested Laguna Niguel residents, local veterans, business owners and individuals residing outside of the City of Laguna Niguel.
c) The Co-Chairs may appoint up to five (5) at-large members nominated by specific charitable, service, or civic organizations which by virtue of their significant and ongoing presence within the City are expected to make a substantial contribution to the mission of the Military Support Committee. Such at-large members shall be considered the liaisons to the specified organizations and shall serve at the discretion of the organization. The Co- Chairs may grant or revoke the right for an organization to appoint an at-large member at any time.
d) The Military Support Committee shall hold an annual organizational meeting and each at-large member who is appointed for a term of one (1) year shall serve from their date of appointment until the Military Support Committee's next annual organizational meeting and each at-large member who is appointed to 2 serve a term of two (2) years shall serve from the date of their appointment until the annual organizational meeting held in two years.
e) The Co-Chairs when making the annual appointments of the at-large members of the Military Support Committee shall as to each member appointed designate whether that member shall serve for a term of one (1) year or a term of two (2) years. Each year, the Co-Chairs shall appoint enough at-large members to ensure that with the members who had been appointed the previous year for a two-year term there are at least ten (10) members of the Military Support Committee and no more than twenty (20) members of the Military Support Committee.
5) Application Process:

Applications are available via the City's website and noticed publicly. Completed applications can be submitted via email or mailed to the attention of the City Clerk.

Scheduled Vacancies and Interview Process:

Members of the Military Support Committee shall be appointed by the following procedure:
a) The City Clerk shall provide public notice, in the manner he or she deems appropriate, that the Co-Chairs will be appointing members by considering applicants for membership and of the deadlines and timing for submittal of applications and selection of members.
b) The Co-Chairs shall, after public notice, receive and consider applications for membership, determine which applicants, if any, to interview, hold interviews with the selected applicants, and appoint members by a majority vote of membership of the Co-Chairs.
c) The City Clerk shall retain all applications submitted to the City for a period of two years.

In addition to these procedures, the City Clerk shall, on or before December 31 of each year prepare and submit to the City Council for approval, a list of all regular and ongoing commissions, boards, and committees of the City, which list shall be 3 known as the City's local appointments list, as required by Government Code Section 54972, as such section may be amended from time to time. 7) Term:

The appointees may serve a one-year or two-year term to be determined by the Co- Chairs. Terms run from January 1st through December 31st of the same year for a one-year term or from January 1st through December 31st of the succeeding year for a two-year term. -
If a member was appointed to a one-year term, then the Co-Chairs may, prior to the end of that first one-year term, and without following the formal appointment process for scheduled vacancies, reappoint that member to a second one-year term. 8) Term Renewal:

Membership terms are one-year or two-years and based on a calendar year. At the end of each year, as a courtesy, the City Clerk's Office will provide one written notice to each member, notifying them of their term expiration date and how to reapply if they are interested.

Ultimately, it is the member's responsibility to verify their existing term on the Military Support Committee and submit in a timely manner their renewal application. 9) Term Limit:

Term limits do not apply to the Military Support Committee. 10) Unscheduled Vacancies:

Pursuant to Laguna Niguel Municipal Code, Title 2 (Administration and Personnel), Division 3 (Commissions, Boards, and Committees), Article 1 (General Provisions) as updated by Ordinance No. 2019-198 (Exhibit "C"):
4 When a vacancy occurs on the Military Support Committee before the end of the incumbent's term, that vacancy shall be considered unscheduled and shall be filled in compliance with the Laguna Niguel Municipal Code (referenced above).

In addition to following those procedures, such vacancies shall be filled by appointment for the unexpired portion of the term made in the manner as set forth in Section 6 (Scheduled Vacancies and Interview Process) of these operational guidelines, or the City Council may, by majority vote of its membership and in lieu of utilizing the procedures set forth in Section 6 of these operational guidelines, appoint a person to fill a vacancy on the Military Support Committee whose name is on a list of applicants for membership for the Military Support Committee that had previously been developed pursuant to Section 6 of these operational guidelines. 11) Removal from the Military Support Committee:

The Co-Chairs to the Military Support Committee have the sole authority to remove any member of the Military Support Committee before the expiration of their term and may do so with or without cause or with or without reason. 12) Absence from meetings:

Should a member of the Military Support Committee be absent from three consecutive meetings during his or her term, that member shall automatically vacate his or her position on the Military Support Committee. Such vacancy shall be filled in the same manner as any other unscheduled vacancy, unless the position remains vacant for the remaining term of the incumbent, in which case, it will thereafter be filled in the manner required for a scheduled vacancy.
13) Quorum:

Pursuant to Laguna Niguel Municipal Code, Title 2 (Administration and Personnel), Division 3 (Commissions, Boards, and Committees), Article 3 (Military Support Committee) as updated by Ordinance No. 2019-198 (Exhibit "C"):
5 A quorum shall consist of seven (7) voting Military Support Committee Members being present at the meeting.
14) Regular Meetings:

Normally the third Monday of every month at 12:00 p.m. in the Council Chambers.

The Military Support Committee shall determine when and how frequently to meet.

The Military Support Committee shall meet at least once annually for the purposes of appointing and organizing its members and establishing such Sub-Committees that it deems necessary or appropriate. A meeting may be called and scheduled by either Co-Chair.
15) Special Meetings:

Special meetings are scheduled upon the request of the Co-Chairs. If a special meeting is scheduled, the City Staff Liaison will support the special meeting in the same way a regular meeting is supported. The support will include the development and publishing of an agenda and other activities in support of the special meeting. 16) City Staff Liaison:

The City Staff Liaison is assigned by the City to support the Military Support Committee.

The duties of the City Staff Liaison shall:
a) Maintain the original, or a copy of these operational guidelines as amended or otherwise altered to date.
b) In coordination with the Co-Chairs and members of the Military Support Committee, develop, publish, and distribute the agenda in support of all Military Support Committee meetings. The agenda will be published on the City's website at least 72 hours in advance of a meeting.
c) Develop, maintain, and distribute minutes of all Military Support Committee meetings, recording therein the time and place of holding, whether regular or special, how called, how notice thereof was given, the names of those present or represented at the meeting, and the proceedings thereof.

Develop, maintain, and distribute a list of active members of the Military Support Committee. The list will contain the name and address of each member as well as the existing term for each member.
6 Serve as custodian of the records of the Military Support Committee and work with the City Clerk's Office to ensure compliance with the City's retention policy.

Perform all other duties in support of the Military Support Committee and required by the City.
17) Ex Officio Members:

The following Ex-Officio Members shall serve on the Military Support Committee and attend regular or special meetings in a non-voting, advisory role.

A Liaison appointed by the Commanding Officer from each of the City's adopted military units.
b) A representative appointed by Spouse/Family support group from each of the City's adopted military units.

One or more representatives from the Laguna Niguel Military Support Foundation.
18) Agenda Items:

Agenda items are due to the City Staff Liaison one week before the meeting date.

To start the process of collecting agenda items, the City Staff Liaison will email the Co-Chairs and members of the Military Support Committee, asking for agenda item submissions. Once received, submitted agenda items) are reviewed by the Co- Chairs for approval before the items) are placed on the agenda for the upcoming meeting.
19) Invocation:

Each meeting will begin with an invocation. Prior to the meeting, the Co-Chairs will coordinate with a member to provide the invocation.
20) Pledge of Allegiance:

The invocation is followed by the Pledge of Allegiance. Prior to the meeting, the Co- Chairs will coordinate with a member to recite the Pledge of Allegiance. 7 21) Sub-Committees:

The purpose of the sub-committees is to:

Decide what actions to perform to address the Sub-Committees area of responsibility.
b) Provide support for those who are doing the work.

C) Make certain the work is completed.
d) During the regularly scheduled meetings, report back to the Military Support Committee on the progress of the Sub-Committee. The report should include an outline detailing:
(1) The goals of the Sub-Committee and when they will be accomplished. (2) The resources needed to accomplish the goal.
(3) How the Sub-Committee will keep track of the steps to accomplish the goal.

To date, the Sub-Committees have supported our troops in several areas from sending to those serving on the front lines: letters, cards, care packages and soccer equipment (balls, uniforms, pumps & nets), etc. to organizing toy drives, welcome home parties, picnics, fundraisers, and providing financial assistance to our military families when needed
22) Sub-Committee Assignments:

The Co-Chairs will assign or reassign members to sub-committees at their discretion.
23) List of Sub-Committees and Descriptions:
4th of July Celebration: To coordinate participation from the City's adopted military units in the City's annual 4th of July Celebration.

Baby Care Packages: To provide baby care packages for the City's adopted military units.

Care Packages: To provide care packages for the City's adopted military units. 8 Car Washes: Raise funds for specific military units by washing cars and accepting donations.
e) Chamber Liaison: To serve as liaison to the Laguna Niguel Chamber of Commerce. This sub-committee can be staffed by an at-large member.

Community Partnership: To work with community members or organizations that request that the Military Support Committee partner with a particular organization on events) throughout the year. Those relationships can turn into ongoing partnerships, which help provide needed resources to military families.

This sub-committee will work with the organizations interested in establishing a formal and ongoing partnership with the Military Support Committee. This sub-committee will bring forward the official requests for discussion by the entire Military Support Committee.
g) Corporate Donor: To serve as liaison to the regional business community in support of the City's adopted military units and to coordinate planned giving and corporate outreach and sponsorship. This sub-committee can be staffed by an at-large member.
h) Major Fundraiser: To plan and host a major fundraiser based on the financial needs of the Military Support Committee.

General/Special Needs - U.S.S. Stockdale: To support the activities/needs of the crew on the U.S.S. Stockdale.
j) General/Special Needs - USMC 1/4: To support the activities/needs of the USMC 1/4.
k) General Special Needs - 1st Assault Helicopter Battalion, 140th Aviation Regiment: To support the activities/needs of the 1st Assault Helicopter Battalion, 140th Aviation Regiment.
1) Holiday Parade: To coordinate participation from the City's adopted military units in the City's annual Holiday Parade.
m) Holiday Toy Drive: To collect Christmas gifts for the City's adopted military units.
n) Letter Writing: To coordinate letter writing efforts in support of the City's adopted military units.
9 o) New Member Mentors: To mentor new members to the Military Support Committee by reviewing policies, procedures, operational guidelines, and sub- committee responsibilities.
p) Planned Giving: To educate and promote opportunities to legacy giving through local professionals and residents.
9) Single Sailors: To provide services (e.g., BBQ, activities) for single sailors on the U.S.S. Stockdale.
г) Single Marines: To provide services (e.g., BBQ, activities) for single marines in the USMC 1/4.

Social Media Liaison: To provide social media content to the City in support of the City's adopted military units.

Veterans Day: To plan and host a Veterans Day event at the Sea Country Senior and Community Center.
u) Veterans Resource Fair: To plan and host a resource fair for military veterans. 24) Sub-Committee Expenses:

After an event is approved during a Military Support Committee meeting, the sub- committee member(s) or City Staff Liaison will purchase items or services in support of the event.

Items or services that do not directly benefit the personnel, or the families of the personnel, of the City's adopted military units will be purchased by the City Staff Liaison using a City credit card (and coded to the annual budget allocated by the City to the Military Support Committee). Examples include printing or shipping costs.

All items or services that directly benefit the personnel, or the families of the personnel, of the City's adopted military units will be reimbursed by the Laguna Niguel Military Support Foundation (Foundation). Examples include event costs (car wash or golf tournament) or supplies in support of a program (baby care packages or holiday toy drive). Regarding these items or services:
a) Expenses up to $250.00 can be purchased by the sub-committee member and reimbursed by the Laguna Niguel Military Support Foundation (Foundation).

Expenses over $250.00 will be purchased by the City Staff Liaison and reimbursed by the Foundation. To initiate the purchase, the sub-committee 10 member will email the City Staff Liaison with directions on how to purchase the item or service. The email will include the desired purchase date and shipping information. If the purchase cannot be made online, the sub-committee member will work with the City Staff Liaison on an alternative method of payment.
25) Reimbursement:

After a sub-committee receives approval during a Military Support Committee meeting to plan an event (including the purchase of items or services), the sub- committee member will complete an "Event Planning and Check Request Form" (see Exhibit "A") and submit the form as an agenda item to the City Staff Liaison one week before the meeting date.

Once submitted as an agenda item, the City Staff Liaison will email the Co-Chairs and members of the Military Support Committee. Submitted agenda items) require the approval of the Co-Chairs before the item (s) is placed on the agenda for the upcoming meeting.

If the item is approved at a regularly scheduling meeting, the City Staff Liaison will submit the Event Planning and Check Request Form with applicable receipts to the City or the Foundation. Once received, the City or the Foundation will review the request and mail payment to the member.
26) Laguna Niguel Military Support Foundation:

The Laguna Niguel Military Support Foundation (Foundation) is a 501(c)(3) non- profit corporation that received tax exempt status on May 30, 2008. The Foundation is managed by members of the community that may or may not be active members of the Military Support Committee. Members of the Military Support Committee work closely with the Foundation. The City does not have any affliation with the Foundation.
27) Role and Responsibilities of the Foundation:

To accept donations on behalf of the Military Support Committee. As a 501(c)(3) non-profit corporation, individual and corporate donations to the Foundation are tax deductible.
b) To reimburse member expenses in support of the mission of the Military Support Committee.

C) To operate independently of the City including but not limited to the maintenance of the Foundation website.
28) Distinction amongst activities (City or Foundation):

To keep this distinction to a minimum, to the extent possible, attempt to keep all Military Support Committee events under the City. The Foundation would only become involved to the minimum extent necessary when donations become involved. This gives the Co-Chairs direct control over the actions of the Military Support Committee.

Examples:
a) City: Have the car wash as a volunteer event for connecting with people. There may be a separate tent should people wish to make a donation to the Foundation.

Foundation: A car wash to raise money. Advertised through the Foundation website etc.
29) Media Operations:

See Exhibit "B" to review the Media Operations Flow worksheet. 30) Identification of donations/donors:
a) Where the Military Support Committee is a donor of
Funds/Activities/Events/Material items, there will be acknowledgment of such donor status by receiving entity.

Examples include:
1) Jerseys/Sports Equipment: The Military Support Committee Logo shall be included on jerseys in such a fashion to acknowledge donor status. 2) Park Benches/Plaques/Documents: The Military Support Committee Logo shall be included in such a fashion to read "Donated by:" 3) Buildouts/Room Furnishings/Grills/Cooking Supplies/etc.: Should include a placard identifying the Military Support Committee as the donor or co-donor of funds.
12 b) Where the Military Support Committee has received a donation or series of donations, and in as much the original donors) of those funds request identification, there will be acknowledgement that includes both the Military Support Committee as well as the source(s) of funds.
31) Fundraising:

The Military Support Committee conducts a variety of fundraising activities managed by Sub-Committees to support events and activities. The Sub-Committees organize and manage the various events hosted by the Military Support Committee (see Event Planning Guide). Each event provides a certain level of support and is dependent upon the needs and requirements of each unit. 32) Procedure for Handling Funds:

Military Support Committee members may receive cash, check, or gift cards donations (collectively referred to as funds) which are essential to the efforts to support the City's adopted military units. The Military Support Committee accepts funds only for the purpose of delivering them to the Foundation. The Military Support Committee does not have a bank account, nor a way to accept or expend funds.

Each member of the Military Support Committee has the authority to receive funds on behalf of the Committee for the sole purpose of delivering those funds to the Foundation.

The Military Support Committee does, however, accept in-kind donations such as toys, baby items, and Care Package items.

The following procedures set forth the process for accepting funds or donations on behalf of the Military Support Committee.
a) Cash or check donations collected by members of the Military Support Committee at fundraising events, or as a representative of the Military Support Committee, shall be delivered to the City Staff Liaison within 48 hours of receipt unless prior arrangements have been made. Checks shall be made payable to the Laguna Niguel Military Support Foundation.

Donated gift cards shall be delivered to the City Staff Liaison within 48 hours of receipt unless prior arrangements have been made, so they can be logged in for safe keeping and properly accounted for until such time as needed for distribution.
13 c) A Military Support Committee member must be always present, and always have custody of funds, whenever funds are collected at a Military Support Committee event or public event.
d) Within seven business days upon receiving any donations (e.g., cash, checks or gift cards) the Military Support Committee Member shall let the Co-Chairs know that the donation has been received and has been sent to the City Staff Liaison in accordance with the procedures above.
33) Participation of Outside Organizations at Military Support Committee Events:

On occasion, the Military Support Committee receives requests from outside organizations that wish to participate in, or co-sponsor, a Military Support Committee event. The procedure for handling these requests is listed below:
a) All requests from outside organizations to participate in a particular event shall be submitted in writing to the Co-Chairs for review and consideration. b) Upon receipt of such requests, the Co-Chairs will confer with the City Attorney.

Items to be considered include:
(1) Purpose of the outside organization
(2) Nature of the event
(3) Possible liability to the City
(4) Legal responsibility of the City
(5) If the outside organization were to derive benefit from their participation, could that be considered a "gift of public funds"?
(6) What is the organization's involvement?
(7) What is the benefit to the organization?
(8) What is the benefit to the Military Support Committee? (9) Duties and responsibilities will be clearly defined in writing.

If approved to move forward, the request will be brought to the Military Support Committee for consideration.
14 d) Under no circumstances, shall the Military Support Committee delegate or relinquish any of its authority over an event to another organization. e) All Military Support Committee events shall be conducted utilizing only the promotional and marketing materials, and procedures established by the Military Support Committee.
f) A member of the Military Support Committee must be always present at any fundraising event.
g) Only Military Support Committee Members are authorized to handle funds donated from the public to support activities in support of the Military Support Committee.

The procedure listed above does not apply to outside organizations whose members volunteer as "members of the community at large" for Military Support Committee events or, outside organizations holding their own event and designating the Military Support Committee as the beneficiary of the proceeds.
34) Creating New Fundraising Events:

If a member of the community or community group is interested in hosting a fundraising event to support military families, the Military Support Committee shall approve that event prior to the advertisement of the event or money/items are collected in connection with said event.

Military Support Committee Members who are made aware of or are approached by members of the community to create such events shall notify the Military Support Committee Co-Chairs immediately so the item can be placed on the appropriate Military Support Committee agenda for discussion.
35) Budget:

The budgeted funds will not be spent on programming that directly supports the adopted military units.
15 36) Contracts:

The City of Laguna Niguel's polices, and practices are governed by the City of Laguna Niguel Municipal Code, which sets forth procedures for contracts and any commitment of City funds or assets that include required authorization from the City Council, City Manager, or a Department Director, depending on the amount of the contract or purchase. The City actively engages in contractual practices to avoid and/or transfer risk to reduce City liability. This means that contracts are reviewed by the City Attorney and the City Risk Manager before being executed.

Entering a contract on behalf of the City, which includes renting or leasing of vehicles or equipment, or commitment City assets or funds, in your role as a member of the Military Support Committee is prohibited unless proper authorization occurs in advance. To do otherwise would be a violation of the City of Laguna Niguel Municipal Code and therefore, prohibited.
37) Storage of Military Support Committee Supplies:

The Military Support Committee owns a variety of supplies that are used in support of various activities and events. All supplies are store within the Crown Valley Community Center. To access the supplies, members should contact the City Staff Liaison to coordinate the removal of storage of supplies. 16 Exhibit "A"
Event Planning and Check Request Form

LAGUNA NIGUEL MILITARY SUPPORT COMMITTEE/FOUNDATION

EVENT PLANNING AND CHECK REQUEST FORM

EVENT/ACTIVITY INFORMATION
Event Name:

Description:

Location:

Event Date: Date Funds Required By:

Request Submitted by:

Sub-Committee Co-Chair Sub-Committee Co-Chair

APPROVALS OBTAINED
Command: 1/4 Battalion USS Stockdale 1/140th NA
Committee: Yes If Yes, approval date: Not Obtained
UNIT(s)
DESCRIPTION OF EXPENSE BENEFITED AMOUNT $
Total Amount Requested
CHECK PAYABLE TO:

STREET ADDRESS:

CITY: STATE: ZIP:

TELEPHONE: EMAIL:

Submit form to Military Support Committee for approval If approved. indicate approvals and submit form to the following WITH ATTACHED RECEIPTS:

William J. Kelley, III
Treasurer, Laguna Niguel Military Support Foundation
24495 Rue de Gauguin, Laguna Niguel, CA 92677
Tel: (949) 363-7519 Email: wik @kelleyandkelleylaw.com
For LNMS Foundation Only:

Auth 1: Date: Auth 2: Date:

Exhibit "B"
Military Support Committee -
Media Operations Flow worksheet
Military Support Committee: Media Operations Flow
CITY: Committee events that are designed, for example, to raise public awareness, should fall under the City's purview: lists, websites, etc. [insurance] • While the Foundation can advertise the activities of the Committee, sharing information about what the Committee is doing (on the Foundation website), the Foundation does not have control over those actions.

FOUNDATION: Whenever there is an event that will raise money, these activities shall be approved and controlled by the Foundation. The Committee proposes these activities, COM
Foundation City
Maintenance of: AGUN NIGUEL* Maintenance of:
• Website ACTUS PER VERB- • Website
• Donation Links • Social Media
• Funds
WEBSITE/Marketing/Social Team
Maintenance of:
• Photos/Home/News/Contact/Ops Info
Marketing: • MSC, via MSC portal or City/Foundation, shall only Marketing:
maintain access to site data (ie: photos) that would not • Dynamic Content • Dynamic Content
compromise security/integrity of processes.
: Spimiation : Social Media
Optimization
CONTROL(s): Separate pages/controls to Foundation & City.

No Committee member will have control of/access to the
following:
• Hyperlinks to Donation: Foundation
• Hyperlinks to City Website/Social
Engagement of respective agency web/social teams
2021
Exhibit "C"
Ordinance No. 2019-198
ORDINANCE NO. 2019-198

AN ORDINANCE OF THE CITY OF

LAGUNA NIGUEL AMENDING THE LAGUNA NIGUEL

MUNICIPAL CODE TO INCLUDE PREVIOUSLY

ADOPTED PROVISIONS FOR THE OPERATION OF ALL

CITY COMMISSIONS, BOARDS AND COMMITTEES INTO
DIVISION 3 OF TITLE 2 OF THE MUNICIPAL CODE,

MAKING MINOR ADJUSTMENTS THERETO, AND

MAKING A FINDING OF EXEMPTION UNDER CEQA IN

CONNECTION THEREWITH
The City Council of the City of Laguna Niguel does hereby ordain as follows:

Section 1. Purpose and Findings.
(a) In 1990 and 1991, the City Council established general standards for the establishment and operation of various City commissions, boards and committees and codified those general standards in Division 3 (Commissions, Boards and Committees) of Title 2 (Administration and Personnel) of the Laguna Niguel Municipal Code. (b) Thereafter, the City Council, either by ordinance or resolution, established various commissions, boards and committees. The City Council established the following Commissions, Boards and Committees:

Planning Commission (Ordinances No. 90-11 and 90-17; Section 9- 1-1 et seq. of the Laguna Niguel Municipal Code);
Investment, Banking and Audit Committee (Resolution 95-345, as amended periodically up through including Resolution 2017-1235); Military Support Committee (Resolution No. 2007-877, as amended periodically including up through Resolution 2011-1026); (4) Parks and Recreation Commission (Resolution No. 91-109, as amended periodically up through Resolution 2010-995);
Senior Citizens Committee (Resolution 90-10, as amended periodically including up through Resolution No. 2016-1186); Sports Advisory Committee (Resolution No. 90-9, as amended periodically up through Resolution No. 2010-998),
Traffic and Transportation Commission (Resolution No. 90-07, as amended periodically up through Resolution No. 2010-999); and (8) Youth Committee (Resolution 2000, as amended periodically including up through Resolution No. 2019-1277).

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(c) In addition to the Commissions and Committees noted in paragraph B above, the City established the following boards, the membership and operation of which is only periodic and on an as-needed basis: Noise Variance Board (Section 6-

6.13 of the Laguna Niguel Municipal Code), Grading Appeals Board (Section 8-1-813 of the Laguna Niguel Municipal Code) and the Grading Technical Advisory Board (Section 8-1-814 of the Laguna Niguel Municipal Code).
d) In reviewing all the various ordinances and resolutions establishing and then amending the provisions governing each of these Commissions, Boards and Committees, City staff has determined that it would be more efficient if all of the current operational provisions are now placed into the Laguna Niguel Municipal Code so as to assist the public, staff and commission, board and committee members in obtaining immediate access to each body's operational requirements and by consolidating common provisions into one article of the Code so as to avoid duplication.

Section 2a Exemption from CEQA.

The adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) (Pub. Resources Code Section 21000 et seq.) pursuant to State CEQA Guidelines Section 15061(b)(3) because the project is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The adoption of this Ordinance only provides for the inclusion and minor amendment within the Laguna Niguel Municipal Code of the operational provisions for the City's already established commissions, boards and committees and does not have the possibility of resulting in any physical changes in the environment.

Section 3. Municipal Code Amendments.

Division 3 (Commissions, Boards and Committees) of Title 2 (Administration and Personnel) of the Laguna Niguel Municipal Code is hereby amended to read as follows:
"ARTICLE 1. GENERAL PROVISIONS
Sec. 2-3-1. Establishment and applicability.

The city council may establish by ordinance or resolution such commissions, boards and committees as it deems necessary and determine the duties and responsibilities of such commissions, boards and committees. All of the provisions of this article are applicable to the commissions, boards and committees established by the city council, except that the city council may establish provisions applicable to a particular commission, board or committee that are different from those contained in this article. In the event of a conflict between the general provisions contained in this article and the specific provisions contained in the another article of this division, a separate section of this Code, or specific resolution applicable to a particular commission, board of committee, the provisions of that other article, section or resolution shall control. -2-
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Sec. 2-3-2. Committees exempt from this division.

This division does not pertain to ad hoc or standing committees of the city council established by the mayor or city council that consist exclusively of city councilmembers.

Sec. 2-3-3. Qualifications of members, membership on multiple bodies. (a) All members of commissions, boards and committees of the city shall, at all times during their incumbencies, be bona fide residents and registered voters of the city.
(b) Generally, it is the policy of the city council that no person, except members of the city council, shall be a member of more than one commission, board or committee at any one time. However, it is recognized that the city council may, in extraordinary circumstances, appoint a person to two commissions, boards or committees at the same time. The prohibition set out in this section does not prevent a member of a commission, board or committee from simultaneously serving on one or more ad hoc or temporary committees.

Sec. 2-3-4. Procedures for appointment of members and for filling vacancies.

Scheduled Vacancies. Members of commissions, boards and committees shall be appointed by the following procedure. The city clerk shall provide public notice, in the manner he or she deems appropriate, that the city council will be appointing members by considering applicants for membership and of the deadlines and timing for submittal of applications and selection of members. The city council shall, after public notice, receive and consider applications for membership, determine which applicants, if any, to interview, hold interviews with the selected applicants, and appoint members by a majority vote of membership of the city council. The city clerk shall retain all applications submitted to the city for a period of two years. In addition to these procedures, the city clerk shall, on or before December 31 of each year prepare and submit to the City Council for approval, a list of all regular and ongoing commissions, boards and committees of the City, which list shall be known as the City's Local Appointments List, as required by Government Code Section 54972, as such section may be amended from time to time.
(b) Unscheduled Vacancies. When a vacancy occurs in the membership of a commission, board or committee before the end of the incumbents term or office, that vacancy shall be considered unscheduled and shall be filled in compliance with the state law provisions governing the filling of those unscheduled vacancies, as provided in Government Code Section 54970-54974, as those sections may be amended from time to time. In addition to following those procedures, such vacancies shall be filled by appointment for the unexpired portion of the term made in the manner as set forth in section (a) of this section, or the city council may, by majority vote of its membership and in lieu of utilizing the procedures set forth in subsection (a), appoint a person to fill a vacancy on a commission, board or committee whose name is on a list of applicants for -3-
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membership on that commission, board or committee that had previously been developed pursuant to subsection (a).

Sec. 2-3-5. Officers; staff.

Each commission, board or committee shall annually select a chairperson and a vice-chairperson. The city manager shall provide the necessary staff for clerical and technical assistance to all commissions, boards and committees.

Sec. 2-3-6. Term of office.

Each commission, board or committee member shall be appointed to either a one- year term or a two-year term. Terms of office shall run from January 1st through December 31st of the same year for a one-year term or from January 1st through December 31st of the succeeding year for a two-year term. If a member was appointed to a one-year term, then the City Council may, prior to the end of that first one-year term, and without following the formal appointment process for scheduled vacancies set forth in subsection (a) of Section 2-3.4 of this article, reappoint that member to a second one-year term. At the completion of any two-year term or the completion of the second of two one-year terms, a commission, board or committee member may be reappointed pursuant to the procedures set forth in subsection (a) of section 2-3-4, or the city council may, without utilizing the procedures set forth in subsection (a) of section 2-3-4, reappoint a member to a commission, board or committee by a majority of the membership of the city council.

Sec. 2-3-7. Term limits.
(a) No person shall be appointed to hold office as a member of any one city commission or committee for more than three consecutive two-year terms, for more than six consecutive one-year terms, or for more than six (6) consecutive years of a combination of two- and one-year terms.
(b) After a person has served three consecutive two-year terms or six consecutive years on one commission or committee, that person may again be appointed to serve on that commission or committee after he or she has been off that commission or committee for at least two years.
(c) If a person serves for at least one year of a two-year term, that person for purposes of this section shall be considered to have served a full two-year term. (d) The term limits established by this section shall apply retroactively and, therefore, terms that were completed prior to the effective date of this section and terms that are in existence at the time of the effective date of this section shall count for purposes of applying the term limits established by this section. (e) This section does not apply to the investment, banking and audit committee, the military support committee or the youth committee. -4-
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Sec. 2-3-8. Meetings; quorum.

Each commission, board or committee shall establish its own meeting schedule, including date, time and place of meetings. A quorum of the majority of all the members appointed shall be required for the transaction of any business. All meetings of each commission, board or committee shall be held in compliance with the Ralph M. Brown Act (Government Code § 54950 et seq.).

Sec. 2-3-9. Absence from meetings; when vacancy is created.

Should any commission, board or committee member be absent from three consecutive meetings of the commission, board or committee during his or her term, that member shall automatically vacate his or her position on the commission, board or committee. Such vacancy shall be filled in the same manner as any other unscheduled vacancy, unless the position remains vacant for the remaining term of the incumbent, in which case, it will thereafter be filled in the manner required for a scheduled vacancy.

Sec. 2-3-10. Compensation of members.

The compensation, if any, for members of all other commissions, boards and committees shall be set forth in the article providing for the establishment and operation of each commission, board or committee. Unless provided otherwise in the establishing resolution, no commission, board or committee member shall be compensated for attendance at more than two meetings in one month.

Sec. 2-3-11. Removal of members.

Members of commissions, boards and committees serve at the pleasure of the city council and any member of a commission, board or committee may be removed from membership on the commission, board or committee before the expiration of his or her term with or without cause or reason by a four-fifths vote of all of the members of the city council. If a member is to be removed with cause, the city council member initiating such removal shall provide the commission, board or committee member with a brief statement of the reasons for proposed removal, and the city council shall provide the member reasonable notice and an opportunity to respond to those reasons at or before the city council meeting at which the removal action is proposed to be taken.

Sec. 2-3-12. Brown Act Applies to Commissions, Boards and Committees.

The Ralph M. Brown Act (California Government Code Section 54950 et seq.) applies to the operation of all commissions, boards and committees that are covered by this division. Any meeting of a commission, board or committee shall comply with the notice, agenda, public access, public communication and all other provisions of that law unless otherwise stated by that law.
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ARTICLE 2. INVESTMENT, BANKING AND AUDIT COMMITTEE
Sec. 2-3-13. Establishment, Membership and Appointment. (a) The Investment, Banking and Audit Committee is hereby established. (b) The Investment, Banking and Audit Committee shall consist of seven (7) members, five (5) of whom shall be residents appointed by the City Council, and two (2) of whom shall be members of the City Council.
(c) The five (5) resident members shall each be appointed by the City Council in accordance with the procedures established for appointing members of the City's commissions, boards and committees.
(d) The two (2) City Council members of the Committee shall be elected by a majority vote of the full City Council.
(e) Alternate Members: The City Council may appoint up to two (2) alternate members to the Committee. Alternate members shall be residents of the City and shall be appointed by the City Council in accordance with the procedures established for appointing members of the City's commissions, boards and committees. Alternates may fully participate in Committee discussions, but shall not have the right to vote unless designated by the Chairperson to replace an absent member of the Committee.

Alternates are required to attend Committee meetings and will be deemed to have vacated his/her position if absent from three (3) consecutive Committee meetings.

Sec. 2-3-14. Qualifications for Membership.

The resident and alternate members of the Committee shall have substantial education and experience in one or more of the following areas:
(a) Investment Banking
(b) Investment Brokerage and Sales
(c) Investment Management
(d) Financial Management and Planning
(e) Commercial Banking
Governmental Entity or Private Sector Financial Auditing (g) Governmental Entity or Private Sector Accounting
(h) Other Relevant Experience
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Sec. 2-3-15. Term of Membership.
(a) The term of office for the resident members of the Committee shall be for a period of two (2) years, unless the City Council, at the time of the appointment, expressly makes the appointment to a term of one (1) year. The two-year term shall run from January 1 of a particular year to December 31 of the following year. The one-year term shall run from January 1 of a particular year to December 31 of that same year.

The City Council shall appoint the resident members of the Committee for a particular term during the November and December of the preceding year. In the event that there is a delay in the appointment of the resident members of the Committee for a particular term, then the resident members appointed for the preceding term shall remain in office until the City Council appoints their successors.
(b) The terms of office for the resident members of the Committee shall be staggered, to the extent feasible, such that the terms of no more than three (3) resident members terminate at the same time.
(c) The term of office for alternate members of the Committee shall be one (1) year.

Sec. 2-3-16. Duties of the Committee.
(a) The duties and responsibilities of the Investment, Banking and Audit Committee shall consist of the following:
(1) Annually review the City's Investment Policy and recommend revisions, as necessary, to the City Council.
(2) Periodically review the City's investment portfolio and the City's investment practices to insure conformance with the City's Investment Policy.
(3) Periodically review the City's investment portfolio to insure that the City's investments are diversified.
(4) Monitor City staff's practices regarding the handling of the investment portfolio and the making of investments to insure that the internal control and safeguards established by the City's Investment Policy are being followed.
(5) Advise City staff regarding potential investments and potential investment strategies.
(6) Develop and recommend policies to guide the City's banking relationships.
(7) Monitor the City's banking relationships and advise City staff of potential issues and concerns.
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(8) Review the Draft Request for Proposals ("RFP") and proposed selection criteria for auditing services with staff before presentation to the full City Council and distribution of the RFP to qualified (9) Review the Draft Annual Financial Report with staff and auditors before presentation to the full City Council.
(10) Review the Management Letter and internal control comments and recommendations with staff and auditors before presentation to the full City Council.
(11) Following the end of year audit and CAFR preparation, Chairperson shall make presentation to the City Council regarding investment, banking and audit related matters.
(12) Review current contracts and/or City vendors for compliance with the Laguna Niguel Municipal Code (LNMC) and the City's
administrative policies and procedures, including spending limits, related to procurement and contracting.
(13) Provide input into the City's current purchasing and contracting procedures with respect to the LNMC and the City's administrative policies and procedures, including spending limits, related to procurement and contracting.
(14) Inspect any discrepancies found in the current annual audit with respect to spending in accordance with all contracts and agreements and found to be outside the parameters of the City's administrative policies related to procurement and contracting. (15) Perform such other related duties that may be requested from time- to-time by the full City Council.
(b) The City Manager and the Finance Director are responsible for the day-to- day management of the investment portfolio and the making of specific investments.

The Committee shall not make or direct City staff to make any particular investment, purchase any particular investment products, or do business with any particular investment companies, brokers or banks.

Sec. 2-3-17. Time and Place of Meetings.

The Investment, Banking and Audit Committee shall determine when and how frequently to meet. All meetings of the Committee shall be held at the City of Laguna Niguel City Hall.
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Sec. 2-3-18. Officers.

The Committee shall, annually at its first meeting of each calendar year, select one of its members to serve as chairperson of the Committee and a second member to serve as vice chairperson of the Committee.

Sec. 2-3-19. Staff Assistance.

The City Manager and the Finance Director shall provide the necessary staff for the Investment, Banking and Audit Committee.

Sec. 2-3-20. Compensation.

The Investment, Banking and Audit Committee members shall be compensated at the rate of $50.00 per meeting of the Committee that they attend. This does not apply to members of the Committee that are members of the City Council. Alternate members shall be compensated at the rate of $25.00 per meeting of the Committee that they attend.

ARTICLE 3. MILITARY SUPPORT COMMITTEE
Sec. 2-3-21. Establishment, Membership and Appointment. (a) The Military Support Committee is hereby established. (b) The Military Support Committee shall consist of not less than ten (10) nor more than twenty (20) members. Two (2) members of the City Council shall serve on the Committee and shall be appointed by majority vote of the full City Council. The two (2) members appointed by the City Council shall serve as Co-Chairs of the Committee. (b) The remaining members of the Committee shall be at-large members appointed by the Co-Chairs as deemed appropriate, and may include representatives from local service clubs, charities, civic organizations, veteran's organizations, as well as interested Laguna Niguel residents, local veterans, business owners and individuals residing outside of the City of Laguna Niguel.
(c) The Co-Chairs may appoint up to five (5) at-large members nominated by specific charitable, service or civic organizations which by virtue of their significant and ongoing presence within the City are expected to make a substantial contribution to the mission of the Laguna Niguel Military Support Committee. Such at-large members shall be considered the liaisons to the specified organizations and shall serve at the discretion of the organization. The Co-Chairs may grant or revoke the right for an organization to appoint an at-large member at any time. (d) The Committee shall hold an annual organizational meeting and each at- large member who is appointed for a term of one (1) year shall serve from their date of appointment until the Committee's next annual organizational meeting and each at-large -9-
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member who is appointed to serve a term of two (2) years shall serve from the date of their appointment until the annual organizational meeting held in two years. (e) The Co-Chairs when making the annual appointments of the at-large members of the Committee shall as to each member appointed designate whether that member shall serve for a term of one (1) year or a term of two (2) years. Each year, the Co-Chairs shall appoint enough at-large members to insure that with the members who had been appointed the previous year for a two-year term there are at least ten (10) members of the Committee and no more than twenty (20) members of the Committee.

Sec. 2-3-22. Ex Officio Members.

The following ex officio members shall serve on the Committee in a non-voting advisory role:
(a) A Liaison appointed by the Commanding Officer of the USS McClusky. (b) A Liaison appointed by the Commanding Officer of the USMC 1/4. (c) A representative appointed by the USS McClusky Spouse/Family support group.
(d) A representative appointed by the USMC 1/4 Spouse/Family support group.
(e) One or more representatives from the Laguna Niguel Military Support Foundation.

Sec. 2-3-23. Duties of the Committee.

The duties and responsibilities of the Military Support Committee shall consist of the following:
(a) Maintain continuous communication and contact between the City and representatives of the USS McClusky and USMC 1/4.
(b) Determine the support needs of the personnel and families of the USS McClusky and USMC 1/4.
(c) Plan, organize and conduct programs and special events to support the personnel and families of the USS McClusky and USMC 1/4. (d) Represent the City at ceremonial and social events, upon the invitation of the Commanding Officer (or his/her representative) of the USS McClusky and USMC 1/4.
(e) Solicit and raise private funds and donations to support the Laguna Niguel Military Support Foundation's mission to support the City's adoptive -10-
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relationship, programs and special events with the USS McClusky and USMC 1/4.

Provide periodic updates to the City Council on its activities. (g) Such other duties and responsibilities as may be assigned by the Laguna Niguel City Council.

Sec. 2-3-24. Ad Hoc Committees.

The Committee may establish such Ad Hoc Committees, including ex officio members, as it deems necessary to carry out the duties and responsibilities of the Committee.

Sec. 2-3-25. Time and Place of Meetings; Quorum.

The Military Support Committee shall determine when and how frequently to meet. The Committee shall meet at least once annually for the purposes of appointing and organizing its members and establishing such ad hoc committees that it deems necessary or appropriate. All meetings of the Committee shall be held at the City of Laguna Niguel City Hall. A meeting may be called and scheduled by either Co-Chair. A quorum shall consist of seven (7) voting Committee Members being present at the meeting.

Sec. 2-3-26. Accounting and Approval of Expenditures.

It is anticipated that the City will continue to budget on an annual basis funds to support activities of the Military Support Committee with the primary source of funding expected to come from the Laguna Niguel Military Support Foundation and various fundraising events. The Finance Director shall establish such funds and accounts that he/she deems necessary to properly account for contributed City funds and private contributions/donations. The Finance Director is authorized to disburse funds only upon the written request of a Committee Co-Chair and written approval of the City Manager.

Sec. 2-3-27. Staff Assistance.

The City Manager, the Finance Director and the Executive Secretary shall provide the necessary staff for the Military Support Committee.

ARTICLE 4. PARKS AND RECREATION COMMISSION
Sec. 2-3-28. Establishment, Membership and Appointment. (a) The Parks and Recreation Commission is hereby established.

The Parks and Recreation Commission shall consist of five (5) residents of Laguna Niguel each appointed by the City Council in accordance with the procedures for appointing members to City of Laguna Niguel commissions, committees and boards -11-
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in article 1 of this division of the Laguna Niguel Municipal Code. The Mayor may appoint a member of the City Council to act as a liaison between the City Council and the Commission.

Sec. 2-3-29. Term of Membership.

The term of office of members and alternate members of the Parks and Recreation Commission shall be for a period of two (2) years, unless the City Council, at the time of the appointment, expressly makes the appointment for a term of one (1) year. The two-year term shall run from January 1 of a particular year to December 31 of the following year. The one-year term shall run from January 1 of a particular year to December 31 of that same year. The City Council shall appoint the members of the Commission for a particular term during the November and December immediately preceding the term. In the event that there is a delay in the appointment of the members of the Commission for a particular term, then the members appointed for the preceding term shall remain in office until the City Council appoints their successors.

The terms of office for the members of the Commission shall be staggered, to the extent feasible, such that the terms of no more than three (3) members terminate at the same time.

Sec. 2-3-30. Duties and Responsibilities of the Commission.

The duties and responsibilities of the Parks and Recreation Commission shall consist of the following:
(a) Review and recommend to the City Council plans for the development of parks which are prepared for the implementation of City parks and recreation programs.
(b) Review and recommend to the City Council plans for the development of recreation facilities, programs, and services in the City. (c) Establish working relationships with the South Coast YMCA and Capistrano Unified School District to maximize the coordination of programs and use of facilities.
(d) Undertake such other duties as may be assigned by the City Council.

Sec. 2-3-31. Time and Place of Meetings.

The Parks and Recreation Commission shall meet regularly, at least once each nonth, at a time established by the Commission at its formation meeting, and it shall hold such other meetings as it deems necessary. All meetings of the Commission shall be held in the City of Laguna Niguel City Hall.
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Sec. 2-3-32. Officers.

The Commission shall, annually in January of each year, select one of its members to serve as the Chairperson of the Commission and one of its members to serve as Vice Chairperson of the Commission.

Sec. 2-3-33. Staff Assistance.

The City Manager shall provide the necessary staff for the technical and clerical assistance of the Commission.

Sec. 2-3-34. Compensation.

Parks and Recreation Commission members shall be compensated at the rate of $25.00 for each meeting of the Commission that they attend not to exceed two (2) meetings in one month.

ARTICLE 5. SENIOR CITIZENS COMMITTEE
Sec. 2-3-35. Membership and Appointment
(a) The Senior Citizens Committee is hereby established. (b) The Committee shall consist of seven (7) senior citizens. The City Council may also appoint from one to seven alternate members. All members of the Committee and all alternate members shall be residents of the City of Laguna Niguel and 55 years of age or older. The senior citizen members of the Committee and the alternate members shall be appointed by the City Council in accordance with the procedures established for the appointment of members of City commissions, committees and boards in the Laguna Niguel Municipal Code. A City Council member shall be appointed by the Mayor to serve as a liaison to the Committee.
(c) Alternate members may attend meetings and participate in the discussion of agenda items, but they may only vote if acting for an absent member.

Sec. 2-3-36. Term of Membership.

The term of office of members and alternate members of the Senior Citizens Committee shall be for a period of two (2) years, unless the City Council, at the time of the appointment, expressly makes the appointment for a term of one (1) year. The two- year term shall run from January 1 of a particular year to December 31 of the following year. The one-year term shall run from January 1 of a particular year to December 31 of that same year. The City Council shall appoint the members of the Committee for a particular term during the November and December of the preceding year. In the event that there is a delay in the appointment of the members of the Committee for a particular term, then the members appointed for the preceding term shall remain in -13-
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The terms of office for the members of the Committee shall be staggered, to the extent feasible, such that the terms of no more than four (4) members terminate at the same time.

Sec. 2-3-37. Duties of the Committee.

The duties and responsibilities of the Senior Citizens Committee shall consist of the following:
(a) Provide advice to the City Council and the Parks and Recreation Commission on needs of the senior citizens of the community, both within the city and regionally.
(b) Promote the involvement of senior citizens in community affairs. (c) Provide input regarding a variety of programs for the benefit of senior citizens.
(d) Act as a sounding board for individuals and organizations and City officials for ideas and plans which may affect senior citizens.
(e) Attend programs and activities at the Sea Country Senior & Community Center and participate in a volunteer capacity as needed. (f) Perform other duties that may be assigned by the City Council.

Sec. 2-3-38. Time and Place of Meetings.

The Senior Citizens Committee shall meet on an as-needed basis at any facility owned by the City of Laguna Niguel.

Sec. 2-3-39. Officers.

The Committee shall, annually in January of each year, select one of its members to serve as the Chairperson of the Committee and one of its members to serve as Vice Chairperson of the Committee.

Sec. 2-3-40. Staff Assistance.

The City Manager shall provide the necessary staff for the technical and clerical assistance of the Committee.

ARTICLE 6. SPORTS ADVISORY COMMITTEE
Sec. 2-3-41. Establishment, Membership and Appointment. (a) The Sports Advisory Committee is hereby established. -14-
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(b) The membership of the Committee shall consist of one (1) representative from every sports organization in the City of Laguna Niguel, one (1) representative from the South Coast YMCA, one (1) representative from the Capistrano Unified School District ("CUSD), one (1) representative representing youth basketball, and three (3) at-large members to represent the overall concerns of the community. The Mayor may appoint a member of the City Council to act as a liaison between the City Council and the Committee.
(c) The members from sports organizations and the South Coast YMCA and the at-large members shall be voting members of the Committee and the member from CUSD and the City Council liaison, if one is appointed, shall be non-voting members of the Committee.
(d) For a sports organization to be entitled to have a representative serve as a member on the Committee, the organization must have as it mission the provision of athletic or recreational activities for the residents of the City of Laguna Niguel, which are open and available to all interested participants, regardless of ability level. Further, youth sports organizations must have at least 75% of their members be residents of the City of Laguna Niguel, and adult sports organizations must have at least 60% of their members be residents of the City of Laguna Niguel. An exception to the 75% residency requirement for youth sports organizations shall be made for youth basketball. No residency requirement shall be imposed on youth basketball; rather the representative shall be appointed by Niguel-Aliso National Junior Basketball (NJB), Capo-Dana National Junior Basketball (NJB), and South Coast Youth Basketball.
(e) If a sports organization desires to appoint a representative to be a member on the Committee, it must submit a written request to the Committee to have the Committee determine that the organization qualifies for having a representative on the Committee. The Committee shall review such requests and determine whether the organization is entitled to appoint a representative to the Committee. In the event the Committee determines that an organization is not entitled to appoint a representative, the organization may appeal that decision in writing to the City Council.
(f) As an alternate to the procedure set forth in subparagraph (d), the Parks and Recreation Director may, when he or she deems it prudent or advisable, submit a request for Committee membership directly to the City Council. The City Council, in its discretion, may either approve or deny the request for Committee membership or refer the request to the Committee for review and recommendation.
(g) Upon determination by the Committee or the City Council that an organization is entitled to appoint a representative to the Committee, the - 15-
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organization shall select a representative to be a member of the Committee and a representative to be an alternate member of the Committee.
(h) The three (3) at-large members shall be appointed by the City Council in the manner for appointment to membership on City commissions, committees and boards established in the Laguna Niguel Municipal Code.

The term of office for the at-large members of the Committee shall be for a period of two (2) years, unless the City Council, at the time of the appointment, expressly makes the appointment to a term of one (1) year.

The two-year term shall run from January 1 of a particular year to December 31 of the following year. The one-year term shall run from January 1 of a particular year to December 31 of that same year. he City Council shall appoint the at-large members of the Committee for a particular term during the November and December of the preceding year.

In the event that there is a delay in the appointment of the at-large members of the Committee for a particular term, then the at-large members appointed for the preceding term shall remain in office until the City Council appoints their successors.
(i) The South Coast YMCA shall be entitled to appoint a representative as a member of the Committee, and to appoint an alternate member. CUSD shall be entitled to appoint a representative as a non-voting member of the Committee and an alternate non-voting member.
() The members of the Committee that are appointed as representatives of sports organizations, the South Coast YMCA and CUSD, shall serve at the pleasure of their respective organizations.

Sec. 2-3-42. Duties and Responsibilities of the Committee.

The duties and responsibilities of the Sports Advisory Committee shall consist of the following:
(a) Making recommendations regarding the scheduling of facilities for sports events
(b) Dissemination of information regarding sports activities. (c) Resolution of conflicts between sports organizations. (d) Engaging in activities and making recommendations to the City Council and the Parks and Recreation Commission regarding programs for sports activities.
(e) Engaging in activities and making recommendations to the City Council and the Parks and Recreation Commission regarding planning of new sports facilities and improvements to existing facilities. -16-
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(1) Engaging in activities and making recommendations to the City Council and the Parks and Recreation Commission regarding sports facility use policies.
(g) As needed, address requests for funding/sponsorship of local sports groups and teams.
(h) Acting as a liaison for groups involved in regional sports activities.

Sec. 2-3-43. Time and Place of Meetings.

The Sports Advisory Committee shall meet as it deems necessary at a location of its choice.

Sec. 2-3-44. Officers.

The Committee shall, annually in January of each year, select a five (5) member Executive Committee with one of its members to serve as Chairperson of the Committee, a second member to serve as Vice Chairperson of the Committee. The three at-large members of the Committee shall serve as members of the Executive Committee. The Executive Committee shall meet to discuss the preparation of agendas and to collect information from the general membership of the Committee.

Sec. 2-3-45. Staff Assistance.

The City Manager shall provide the necessary staff for the technical and clerical assistance of the Committee.

ARTICLE 7. TRAFFIC AND TRANSPORTATION COMMITTEE
Sec. 2-3-46. Membership and Appointment
(a) The Traffic and Transportation Commission is hereby established. (b) The Traffic and Transportation Commission shall consist of five (5) residents of Laguna Niguel each appointed by the City Council in accordance with the procedures established for appointing members of City commissions, committees and boards, and committees established in article 1 of this division of the Laguna Niguel Municipal Code. The Mayor may appoint a member of the City Council to act as a liaison between the City Council and the Commission.

Sec. 2-3-47. Term of Membership.

The term of office of members and alternate members of the Traffic and Transportation Commission shall be for a period of two (2) years, unless the City council, at the time of the appointment, expressly makes the appointment to a term of one (1) year. The two-year term shall run from January 1 of a particular year to December 31 of the following year. The one-year term shall run from January 1 of a -17-
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particular year to December 31 of that same year. The City Council shall appoint the members of the Commission for a particular term during the November and December immediately preceding the term. In the event that there is a delay in the appointment of the members of the Commission for a particular term, then the members appointed for the preceding term shall remain in office until the City Council appoints their successors.

The terms of office for the members of the Commission shall be staggered, to the extent feasible, such that the terms of no more than three (3) members terminate at the same time.

Sec. 2-3-48. Duties and Responsibilities of the Commission.

The duties and responsibilities of the Traffic and Transportation Commission shall consist of the following:
(a) Act in an advisory capacity to the City Council on all traffic matters relating to:
(1) Receiving complaints relating to traffic matters.
(2) Surveying, reviewing and making recommendations relative to traffic conditions, improvement of traffic conditions, and the administration and enforcement of traffic regulations.
(3) Surveying, reviewing and making recommending plans for improved parking.
(4) Surveying, reviewing and recommending safety programs, campaigns, and activities to educate the public in traffic safety. (b) Initiate and maintain a program of traffic safety programs and campaigns relative to the California Traffic Safety Program provided for by Sections 2900-2910 of the California Vehicle Code.
(c) Act as a body to receive complaints and recommendations concerning raffic matters. In this capacity, the Commission shall act as a liaison t ommunicate information obtained from the general public and other loca agencies to the City Council.
(d) The Commission shall not duplicate Planning Commission duties relating to the review of tentative tract maps and other development plans. (e) Recommend to the Planning Commission and the City Council provisions for the Circulation Element of the General Plan of the City, and to otherwise implement said Element after its adoption.
(f) Study and make recommendations to the City Council on matters regarding public transportation.
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(g) Study and make recommendations to the City Council on matters of traffic regulations, including traffic control devices, parking, and vehicle and pedestrian safety.
(h) Review and monitor existing traffic circulation improvement programs.

Review and evaluate requests regarding all traffic matters, including, but not limited to, installation of stop signs and signals, and creation of one- way streets.

Review and evaluate all traffic improvement and/or circulation proposals submitted to the City by State and local government entities. (k) Review and evaluate current and anticipated on-street parking requirements and limitations.

Undertake such other duties as may be assigned by the City Council.

Sec. 2-3-49. Time and Place of Meetings.

The Traffic and Transportation Commission shall hold regular meetings on the fourth Wednesday of each month at 7:00 p.m. All meetings of the Commission shall be held at the City of Laguna Niguel City Hall.

Sec. 2-3-50. Officers.

The Commission shall, annually in January of each year, select one of its members to serve as the Chairperson of the Commission and one of its members to serve as Vice Chairperson of the Commission.

Sec. 2-3-51. Staff Assistance.

The City Manager shall provide the necessary staff for the technical and clerical assistance of the Commission.

Sec. 2-3-52. Compensation.

Traffic and Transportation Commission members shall be compensated at the rate of $25.00 for each meeting of the Commission that they attend not to exceed two (2) meetings in one month.

ARTICLE 8. YOUTH COMMITTEE
Sec. 2-3-53. Establishment, Membership and Appointment. (a) The Youth Committee is hereby established.
(b) The Committee shall consist of up to fifteen (15) voting members who shall be high school students residing in Laguna Niguel. Students -19-
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attending both the public and private high schools that serve the community are eligible for membership.
(c) City staff shall review the applications to insure that the minimum application requirements are satisfied. The two City Council Liaisons to the Youth Committee shall interview all applicants that meet the minimum qualifications and appoint up to fifteen (15) members for the Committee. (d) The City Council may appoint less than fifteen members to the Committee. (e) It is the intent of the City Council that the Committee shall consist of a broad range of members with varying and diverse interests and backgrounds.
(f) Applicants must have a grade point average of 2.25 or higher.

Sec. 2-3-54. Term of Membership.
(a) The term of office of members of the Laguna Niguel Youth Committee shall be for a period of two (2) years or until graduation from high school, whichever occurs first, unless the City Council, at the time of the appointment, expressly makes the appointment to a term of one (1) year. (b) For seniors, the term of office shall run from September 1 of the school year to June 30 of that school year. For all others, the term shall run from September 1 of the school year appointed to June 30 of the following school year.
(c) The City Council Liaisons to the Youth Committee have the sole authority to remove any member of the Committee before the expiration of their term and may do so with or without cause or with or without a reason.

Sec. 2-3-55. Duties of the Committee.

The duties and responsibilities of the Youth Committee shall consist of the following:
(a) Maintain and update a Laguna Niguel Teen Web Site.
(b) Maintain and update a Youth Community and Volunteer Service Directory. (c) Maintain a Youth Employment Directory as part of the Laguna Niguel Teen Web Site.
(d) Develop or participate in an annual local youth job fair. (e) Annually review and recommend new teen recreation programs and events.
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(f) Plan one or two teen recreation programs each year. (g) Participate as volunteers at City sponsored events. (h) Work cooperatively with the Dana Point Youth Board on projects of mutual interest.
(i) Hold annual Joint Meeting with the City Council.

Hold annual Joint Meeting with the Parks and Recreation Commission to review and provide feedback on teen programs.
(k) Each member shall participate in or attend at least one of the quarterly City sponsored special teen programs.
(1) Provide youth input on City projects and/or programs upon request of the City Council.

Sec. 2-3-56. Time, Place and Quorum for Meetings.
(a) The Youth Committee shall meet monthly from September through June. (b) All meetings of the Committee shall be held at the City of Laguna Niguel City Hall.
(c) A quorum for the transaction of any business shall be five (5) members of the Committee.

Sec. 2-3-57. Officers.

The Committee shall, annually in October of each year, select one of its members to serve as Chairperson of the Committee and a second member to serve as Vice Chairperson of the Committee.

Sec. 2-3-58. Staff Assistance.

The Recreation Supervisor who is responsible for Youth/Teen Programs shall provide the necessary staff for the Committee, under the direction of the Parks and Recreation Director. The Recreation Supervisor shall also provide assistance to the City Council during the interview process."
Section 4. Amendment to Title 7
Section 7-4.203 of Article 2 (Traffic Administration) Division (4 (Traffic Ordinances) of Title 7 (Highways, Rights-of-Way and Vehicles) is hereby amended to read as follows:
"The city has formed a traffic and transportation commission. The provisions that provide for its membership, duties and operations is found in Article 7 of Division -21-
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3 of Title 2 of this : Code, commencing with Section 2-3-46. The traffic and transportation commission shall review and make recommendations to the city council on all traffic related matters which are listed in that article." Section 5. Severability.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each scction, subsection, subdivision, sentence, clause, phrases, or portion thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 6. Effective Date.

This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

Section 7. City Clerk's Certification.

The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and post a certified copy of the text of this Ordinance in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.

PASSED, APPROVED AND ADOPTED this 1st day of October, 2019.

John Mark Jennings, Mayor
ATTEST:

Eileen C. Gomez, City Clerk
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CERTIFICATION

STATE OF CALIFORNIA

COUNTY OF ORANGE

CITY OF LAGUNA NIGUEL )
1, Eileen C. Gomez, City Clerk of the City of Laguna Niguel, California, do ereby certity that the toregoing is Ordinance No. 2019-198 which wi dopted at a reaular meetina of the City Council of the City of Laguna Nique California, held October 1, 2019 by the following vote:

AYES: Council Members Gennawey, Minagar, Rains, Mayor Pro Tem Davies and Mayor Jennings
NOES: None
ABSTENTIONS: None
ABSENT: None
1 Eileen C. Gomez
City Clerk
Exhibit "D"
Ordinance No. 2020-203
ORDINANCE NO. 2020-203

AN ORDINANCE OF THE CITY OF

LAGUNA NIGUEL AMENDING THE LAGUNA NIGUEL

MUNICIPAL CODE MODIFYING THE PROCEDURE FOR

REMOVAL OF MEMBERS OF THE MILITARY SUPPORT

COMMITTEE, DISSOLVING THE SPORTS ADVISORY

COMMITTEE, AND MAKING A FINDING OF EXEMPTION

UNDER CEQA IN CONNECTION THEREWITH
The City Council of the City of Laguna Niguel does hereby ordain as follows:

Section 1. Recitals.
a. On October 1, 2019, the City Council adopted Ordinance No. 2019-198, amending the Laguna Niguel Municipal Code to include previously adopted provisions for the operation of all City Commissions, Boards and Committees into Division 3 of Title 2 of the Laguna Niguel Municipal Code. Ordinance No. 2019-198 became effective thirty days thereafter, on October 31, 2019.
b. The City Council desires to further amend Division 3 of Title 2 by (i) amending Section 2-3-21 governing the procedures for removal of members of the Military Support Committee; and (ii) repealing Section 2-3-41 in order to abolish the Sports Advisory Committee and reassigning its duties to the Parks and Recreation Commission.

Section 2. Subsection (f) of Section 2-3-21. Establishment, Membership and Appointment, of Article 3 (Military Support Committee), of Division 3 (Commissions, Boards and Committees) of Title 2 (Administration and Personnel) of the Laguna Niguel Municipal Code, is hereby added to read as follows:
"(f) The City Council Liaisons to the Military Support Committee have the sole authority to remove any member of the Committee before the expiration of their term and may do so with or without cause or with or without a reason." Section 3. Article 6 (Sports Advisory Committee) of Division 3 (Commissions, Boards and Committees) of Title 2 (Administration and Personnel) of the Laguna Niguel Municipal Code, is hereby repealed in its entirety.

Section 4. Exemption from CEQA. The adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) (Pub. Resources Code Section 21000 et seq.) pursuant to State CEQA Guidelines Section 15061(b)(3) because the project is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The adoption of this Ordinance only provides for the inclusion and minor amendment within the Laguna Niguel Municipal Code of the operational provisions for the City's already established commissions, boards and committees and does not have the possibility of resulting in any physical changes in the environment.

Ordinance No. 2020-203
Section 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrases, or portion thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 6. Effective Date of Ordinance. This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

Section 7. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and post a certified copy of the text of this Ordinance in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.

PASSED, APPROVED AND ADOPTED this 18th day of February, 2020.

Davis
Laurie Davies, Mayor
ATTEST:
ale tong
Eileen C. Gomez, City Clerk
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CERTIFICATION

STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss

CITY OF LAGUNA NIGUEL )
I, Eileen C. Gomez, City Clerk of the City of Laguna Niguel, California, do hereby certify that the foregoing is Ordinance No. 2020-203, which was adopted at a regular meeting of the City Council of the City of Laguna Niguel, California, held on February 18, 2020, by the following vote:

AYES: Council Members Gennawey, Jennings, Rains, Mayor Pro Tem Minagar and Mayor Davies
NOES: None
ABSTENTIONS: None
ABSENT: None
Eileen C. Gomez
City Clerk

ATTACHMENT B
FAQ Responses
Military Support Committee FAQ

1. Why was there no liability analysis done and included in the last staff report regarding changing how the Military Support Committee Co-Chairs are selected? Changing how the leadership of a committee is determined (e.g., by the City Council or by the Committee members themselves) does not require a liability analysis because there is no state law that prohibits or regulates how cities make this type of policy decision. Any increase or decrease in potential liability to the City from that decision is not apparent merely on the face of that policy decision. The City already permits other commissions and committees to select their own chairs, as is common in most cities. City Staff is not aware of any past legal challenge to the City based on the fact that a City commission, board or committee selected its own Chair as distinguished from having a Councilmember serve as Chair. Thus, from a liability perspective, there is no liability risk in making the policy decision either way.

2. The only legal statement in the staff report was "The City Attorney's Office has approved the report and Ordinance No 2022-212 as to form"? Why? Why was there no additional legal analysis?
See response to Question No. 1. In addition, the City Manager and the City's executive team work collaboratively with the City Attorney's Office in deciding which City decisions and actions require or warrant detailed legal review. Based on the response to Question No. 1, responses to later questions in this document, and the facts provided, neither City Staff nor the City Attorney determined that the changes to the City's Municipal Code regarding the operation of the Military Support Committee would violate the law or expose the City to liability such that detailed analysis was required before presenting the item for consideration by the City Council.

3. What liability does the City have in a Military Support Committee member acting on their own behalf within or outside the City?
City liability for acts of Committee members depends on the particular act, the legality of that act, and the application of statutes that grant immunity to the City and to City officials. This is a fact dependent analysis. In the context of this question, "acting on their -1-
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own behalf" could mean either acts carried out: (i) without the proper authorization from the City; or (ii) outside the scope of the performance of functions and duties of the Committee, such as some act occurring in the Committee member's private and personal life.

In general, the City may be liable if a Military Support Committee member injures a third party while performing his or her official responsibilities for the City. Under the Government Claims Act, "[a] public entity is liable for injury proximately caused by an act or omission of an employee of the public entity within the scope of his employment if the act or omission would, apart from this section, have given rise to a cause of action against that employee or his personal representative." An "employee" is broadly defined to include officers, whether or not compensated.? "Employee" has also been broadly interpreted to include members of appointed city commissions, boards and committees.

However, cities are generally not liable for an injury resulting from an act or omission of a city's employee or officer, if the employee or officer is immune from liability. Immunity from liability depends on the particular act, but various categories of immunity are provided to cities and public officials. These immunities ensure that citizens accept public entity positions, including volunteer positions such as being a member of the Military Support Committee, without fear that they will be held personally liable for their actions in carrying out their duties.

The City generally has a statutory duty to defend third party claims for injuries caused both within and outside the boundaries of the City by a Committee member performing an act or omission within the scope of his or her official responsibilities. The City insures this statutory duty through its public entity risk pool insurance, provided by the California Joint Powers Insurance Authority ("CJPIA"). If, however, the injury was caused by an act or omission that was outside the scope of his or her duties as a Committee member and is unrelated to their service to the City, the City would not be liable for those third-party injuries. As such, the City, would not be responsible for providing a defense to such claim or lawsuit.

The City asked CJPIA whether any claims or lawsuits have arisen against the City because of the acts or omissions of a Committee member in the performance of his or her duties.

CJPIA informed the City that there have been no such claims or lawsuits. -2-

4. What are the additional staff costs associated with the change moving from City Council Co-Chairs to the Chair and Vice Chair being selected by the Committee members? Currently, there are two City staff members who assist the Military Support Committee with the administrative support of the Committee. All City Commissions and Committees have staff support to accomplish their mission. The change in the structure of how the leadership of the committee is structured will not change the staff assistance required in the future.

5. What is the City's legal risk having a committee that is required to fundraise where the money goes to a non-profit? Does this structure create liability for the City related to the California Constitution Article 16 Section 6?
The City is not prohibited by the California Constitution, state law or court made decisions from providing the indirect support to the Military Support Foundation that the City has provided for many years. There is ample support through court decisions and state law that providing assistance to persons in the military and veterans serves a legitimate public purpose and is not an illegal "gift of public funds" under the California Constitution. If the City's past and current activities of providing indirect assistance to the Military Support Foundation is ever challenged in court, the City stands a very strong likelihood of having those activities upheld.

Article XVI, Section 6 of the California Constitution prohibits the making of "gifts" of "any public money or thing of value to any individual, municipal or other corporation whatever." This gift prohibition applies to both local government agencies and the Legislature.

The determination of whether an expenditure constitutes a "gift of public funds" depends on whether the disbursement of public funds will be used for a "public" or "private" purpose. Courts do not consider funds transferred by a public agency for a valid and substantial "public purpose" within its authorized duties and responsibilities to be a "gift of public funds" because the benefit to the public agency is consideration for the payment. A gift that serves a valid and substantial public purpose within the authorized mission of the public agency appropriating the funds is still permissible even if the expenditure provides an incidental benefit to a private person or organization.? -3-
G
1989
Courts have found that transactions are unconstitutional gifts of public funds if the "paramount element of the transaction" is to benefit a private party and not serve a public purpose.& In a California Court of Appeal case, an irrigation district leased an airport to a lessee for one dollar per year for a 34 year term, with the option to extend the lease for an additional 35 years.? The lessee's duty was to "manage, operate, supervise and control the airport and maintain it in good and serviceable condition. "10 The court held that the lease was a prohibited gift of public funds because there was no consideration for the lease. 11 The court explained that the lessee's duties under the lease were no more than the legal duties required of every tenant and the airport would be operated for the private profit of the lessee. Thus, the lease was an unconstitutional gift of public funds because the benefit to the lessee was the paramount element of the transaction and not an incidental benefit to a private party.12 Courts defer to the appropriate legislative body when determining which activities further a "public purpose," and the legislative body's determination will be upheld "so long as it has a reasonable basis."13
The Laguna Niguel Municipal Code ("LNMC") sets forth the duties and responsibilities of the City's Military Support Committee ('Committee"). The Committee's duties and responsibilities include, among others, soliciting and raising "private funds and donations to support the Laguna Niguel Military Support Foundation's mission to support the city's adoptive relationship, programs and special events with the USS McClusky and USMC 1/4."14 The City provides the Committee with staff time, resources, and a facility for its meetings. The Committee's members then engage in certain fundraising activities for the Military Support Foundation ("Foundation"), which is a 501(c)(3) non-profit organization.

An example of one of those fundraising activities is to organize an annual car wash fundraiser. Money collected from these fundraisers is transmitted to the Foundation.

The Foundation then assists active duty military service members and their families through activities such as toy drives for the children of Camp Pendleton service members and baby showers for the wives of Camp Pendleton service members, among other supportive activities and services. Because many of the Foundation's activities are connected with military service members at Camp Pendleton, much of the Foundation's funds are used to assist service members and their families who reside outside of the City.

Courts have given broad deference to local government expenditures that have at their core the promotion of patriotism, including, for example, support to military veterans. -4-
98 The Merriam-Webster Dictionary defines "patriotism" as the "love for or devotion to one's country." The California Supreme Court has found these type of public expenditures that promote patriotism as serving a "public purpose." Specifically, the Court explained that "the promotion of patriotism, involving as it does the sense of self- preservation, is not only a public purpose but the most elemental of public purposes. "15 In that case, Los Angeles County appropriated $500,000 in funds to build a hall for the exclusive use of veterans who served the U.S. honorably in any war. The Court held that the expenditure was permissible and not a prohibited gift of public funds because the promotion of patriotism served a public purpose for which funds could be expended. In response to a challenge to the exclusive use of the hall by veterans, the Court clarified that it is not necessary for the hall to be open to the public generally to serve a public purpose.16 The Court further explained that "Ip]atriotism involves not only a love for a particular state, but for the whole United States-the individual profit and glory of each state is, in a manner of speaking, the community property of the nation at large."17 The Legislature has enacted statutes that support the conclusion that appropriating funds to support service members or veterans serves a public purpose. For example, State law provides, in part, that "[w]henever a city ... has provided, maintained, or provided and maintained any building, memorial hall, meeting place, memorial park, or recreation center for the use or benefit of one or more veterans associations, veterans service organizations, or nonprofit veteran service agencies the provision of that facility and its acceptance ... constitutes a dedication of that property to a public purpose ..."18 State law also provides that "[a] city may provide and maintain homes for veterans ... [ilt may also provide and maintain buildings, memorial halls, and meeting places for veterans' patriotic, fraternal, and benevolent associations."19 Finally, State law provides, in part, that a county may join with a city in the county to "provide, maintain, or provide and maintain buildings, memorial halls, meeting places, memorial parks, or recreation centers for the use or benefit of one or more veterans associations, veterans service organizations, or nonprofit veteran service agencies."20 Moreover, Article XVI, Section 6 of the California Constitution provides that "nothing contained in this Constitution shall prohibit the use of State money or credit, in aiding veterans who served in the military or naval service of the United States during the time of war, in the acquisition of, or payments for" certain expenditures. -5-
98 Defending the nation is a national government role and not a municipal function. The federal government funds our nation's military personnel and provides all equipment, property, and other required elements for the military defense of the nation. It is our understanding that the Foundation does not provide contributions for any of these core military functions funded by the federal government. Instead, the Foundation provides supportive services to active duty members and their families. However, given the deference provided to legislative bodies in determining whether activities further a public purpose coupled with the Legislature's enactment of multiple statutes emphasizing the legitimacy of using public funds to support veterans, it is likely that supporting active duty service members and their families would be upheld by the courts as serving a valid and substantial public purpose.

Support to active duty service members and their families is no less related to the promotion of patriotism than is support to veterans. Whereas veterans have protected the nation in the past, active duty service members are doing so now. Active duty service members and their families are currently making significant sacrifices, including personal safety, relocation, and separation, to defend the interests and security of the nation. This current service arguably makes the connection to the self-preservation component of promoting patriotism that the courts have found to be a valid public purpose potentially stronger than in the case of support for military veterans.

It is important to note that the City's expenditure of City funds is only in the support of the City's own Committee, which, in turn, organizes fundraisers with proceeds going to the Foundation. The City does not provide any grants to the Foundation and does not lease it any property. Unlike in the California Court of Appeal case discussed above, where the paramount element of the transaction was to benefit a private party and there was no consideration for the lease, the City's expenditures in support of the Committee ultimately serve to promote patriotism. In addition, the Committee members also engage in direct support for ceremonial activities for service members at Camp Pendleton. Thus, the City's expenditure of funds through staff support to the Committee does not solely benefit a private entity (the Foundation), and even if that was exclusively the work and mission of the Committee to do so, there is consideration for that indirect expenditure of City funds because the Foundation's activities promote patriotism. -6-
1989
For these reasons, the expenditure of City funds would not be a prohibited gift of public funds under Article XVI, Section 6 of the California Constitution because the expenditure advances a valid and substantial public purpose.21
The fact that the Foundation uses much of its funds to support service members outside of the City likely does not undermine the legitimacy of the public purpose given that patriotism is the "most elemental of public purposes" and "involves not only a love for the a particular state, but for the whole United States."22 The City Council of Laguna Niguel has substantial deference to determine whether expenditures constitute a public purpose. Moreover, it is clear from the enactment of certain statutes and the allowance in Article XVI, Section 6 of the California Constitution for certain expenditures to aid veterans, that patriotism is a recognized and substantial public purpose. Service members serve the nation and expending funds to support service members, including those outside the City, would not undermine the legitimacy of using the City's funds to advance patriotism as a public purpose. Thus, the City's financial support of a Committee that organizes fundraisers for the Military Support Foundation is not an illegal gift of public funds and stands a strong likelihood of being upheld if challenged in court.

6. What happens if a committee member violates the law (e.g. a DUI etc.)? What liability does the City have?
See response to Question No. 3 for a general discussion of potential liability for the acts or omissions of Committee members. Also, if a Committee member injures a third party while violating the law (including driving under the influence), the City's insurance coverage would generally apply to any claims against the City, as distinguished from claims against the member personally, in relation to the injury. The City's "Memorandum of Coverage: Liability Program," which is administered by the California Joint Powers Insurance Authority, provides that "any Claim, liability, alleged liability, loss, cost, or expense caused by the intentional conduct of a Protected Party [the City] with willful and conscious disregard of the rights or safety of other or with malice" is excluded from any obligation to defend or pay defense costs under the Memorandum of Coverage.

However, this exclusion does not apply to the City "where the Protected Party [the City] did not authorize, ratify, participate in, consent to or have knowledge of such conduct by its past or present Employee, elected or appointed official or volunteer and the claim against the Protected Party is based solely on its vicarious liability arising from its relationship with such Employee, elected or appointed official or volunteer." -7-
198
As long as the City never authorizes one of its Committee members to drive to or from a Committee event intoxicated or have prior knowledge of such past conduct, this coverage exclusion should not apply. As such, it is likely that any claim against the City arising from a Committee member injuring a third party while driving under the influence would be covered by the City's insurance coverage. In that instance, it is entirely possible that the third party injured in that situation would seek to recover damages directly from the Committee member. As noted earlier, no such claim or lawsuit has ever been filed against the City in connection with the operation of the Committee.

7. What is the legal analysis regarding committee members who act in a discriminatory manner? Do behest payments, pay to play, quid pro quo and undue influence apply in this case?
Workplace discrimination law in California is governed primarily by the California Fair Employment and Housing Act ("FEHA") 3 and Title VII of the federal Civil Rights Act of 1964 ("Title VII").24 Both laws prohibit an employer from discriminating against employees and applicants at all stages and in all aspects of employment, including hiring, firing, promotion, and working conditions and benefits. The FEHA protects employees and applicants from discrimination based on the following protected characteristics: race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (40 and over), sexual orientation, and military or veteran status. Title VII prohibits discrimination based on race, color, religion, sex (which includes sexual orientation and transgender status), and national origin. Because harassment is a form of workplace discrimination, harassment of employees based on any of the protected categories under state or federal law is also prohibited. The Americans with Disabilities Act prohibits discrimination on the basis of disability or requesting a disability accommodation. Employees or applicants who believe they have been discriminated against or harassed based on a protected characteristic may file claims with the California Department of Fair Employment and Housing, or the federal Equal Employment Opportunity Commission.

It is also unlawful to discriminate or harass employees based on their request to use, or use of, protected leave such as the California Family Rights Act and Family and Medical Leave Act, or sick leave under the California Labor Code (including COVID-19 Supplemental Paid Sick Leave).
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The determination as to whether an act of a Committee member violates these laws will depend on the particular act, whether that act results in the deprivation of a right to a governmental program or service and the injuries caused by such act. If there is a concern that a member of the Committee may have violated these anti-discrimination laws, the City has a duty to investigate and enforce the City's applicable anti-discrimination policies and take appropriate action to stop the discriminatory acts or behavior.

The law regarding "behested payments" is contained in the California Political Reform Act and is a type of governmental transparency law that applies to elected officials in California when those officials engage in fundraising or otherwise solicit payments from one individual or organization to be given to another individual or organization.25 Under this law, the elected official may be required to report the payment on a public reporting form (Form 803). Generally, a payment is considered "behested" and subject to reporting if: (1) it is made at the request, suggestion, or solicitation of, or made in cooperation, consultation, coordination, or concert with the elected public official; (2) it is made for a legislative, governmental or charitable purpose; and (3) it does not qualify as a gift (made for personal purposes) or a contribution (made for election-related activity) to the elected official. The behested payments law requires the reporting of behested payments if they total $5,000 or more per calendar year from a single source. There are no reporting requirements for payments up to $4,999.99.

In applying this law to the activities of the Military Support Committee, no members of that Committee, other than the Councilmember liaisons, are subject to this law and its reporting requirements because they are not elected officials. All Councilmembers who engage in the solicitation of contributions to the Military Support Foundation and are successful in obtaining contributions totaling $5,000 or more from a single source in a calendar year to that Foundation, would be subject to the reporting requirements of this law. If the City Council changes who selects the Co-Chairs of the Committee, and Councilmembers are not in a leadership role on the Committee, it may be less likely that the behested payment reporting obligations would apply to them based on fundraising solicitations undertaken by the Committee.

The term "pay to play" generally refers to the practice of individuals providing campaign contributions to elected officials or providing contributions to a non-profit organization in which an elected official has a financial interest so as to curry favor and encourage the awarding of government permits, contracts and other governmental benefits to the -9-
campaign contributor. No facts or allegations have been provided to City staff or the City Attorney that any member of the Military Support Committee or the City Council that has a financial interest in, or otherwise obtains compensation from the Military Support Foundation. No facts or allegations have been provided to City staff or the City Attorney that any City decision, permit or contract has or has not been made, issued or awarded by the City to any individual or corporation on account of the fact that such individual or corporation provided or failed to provide a contribution to the Military Support Foundation. If there are specific facts and allegations that such a practice has occurred, those facts and allegations will be investigated or referred to other entities for investigation.

The term "quid pro quo" is a form of bribery and prohibited by law. Generally, it is the making of a payment, including campaign contributions, to an elected official that is expressly tied to the making of a governmental decision by that official. No facts or allegations have been provided that would indicate that any individual or corporation has paid a City official or made a campaign contribution to a City official that was based on a commitment by that official to perform an official act. If there are specific facts and allegations that such practice has occurred, those facts and allegations will be investigated or referred to other entities for investigation. The same approach would apply if there are facts and allegations of undue influence on members of the public or corporate entities that the exercise of the City's powers was withheld or exercised on the express condition that an • individual or organization make a payment to the Military Support Foundation.

8. What is the opinion of the Orange County District Attorney regarding how the City current structures the Military Support Committee in relation to the Military Support Foundation?
The Orange County District Attorney is responsible for prosecuting state law crimes committed in Orange County. Upon referral by law enforcement or other individuals and entities, the District Attorney will investigate and generally seek the judicial enforcement of violations of state laws for which there are penal, as distinguished from civil, remedies.

County District Attorneys do not usually issue hypothetical advice or opinions to local government agencies. They also generally do not provide advisory opinions on issues of compliance with state laws for which there are only civil and not criminal remedies. -10-
TAGU
With respect to the issue of whether the City is engaged in a violation of the Constitution's prohibition on the gift of public funds by providing indirect support to the Military Support Foundation, that prohibition is enforced through civil, rather than criminal enforcement actions unless the District Attorney seeks to prosecute such action under Penal Code Section 424 as a crime involving misappropriation of funds. In contrast, the California Attorney General's Office or private individuals or organizations may seek the civil enforcement of that prohibition. The City can also seek an opinion from the California Attorney General on the interpretation and application of California law to specific facts, including laws that only have civil remedies, provided the request is sought through a state senator or assembly member. Those opinion requests are not always accepted for analysis and formal opinion. It can also take six to 18 months to obtain an Opinion from that Office.

At the request of the City Council, the City Attorney contacted the Orange County District Attorney's Office to seek its opinion on the structure of the City's Military Support Committee in relation to the Military Support Foundation. As of the date of this report, the Deputy District Attorney to which the City Attorney's request was referred has not responded to discuss this matter. If there are specific facts and allegations that a state law crime has been committed by persons involved in this matter, that information will be referred to the District Attorney and will likely be processed as a criminal referral matter. To date, no such facts and allegations to support that type of criminal referral have been provided to City staff or the City Attorney.
1 Gov. Code Sec. 815.2(a).
2 Gov. Code Sec. 810.2.
3 California JPIA, Memorandum of Coverage: Liability Program, page 13. 4 Gov. Code Sec. 815.2(b).
5 89 Ops. Cal. Atty. Gen. 258 (2006).
6 Paramount Unified School Dist. v. Teachers Assn. of Paramount, 26 Cal. App. 4th 1371 (1994); 89 Ops. Cal. Atty.

Gen. 258.
' Alameda Cty. v. Jansenn, 16 Cal.2d 276, 281 (1940); 89 Ops. Cal. Atty. Gen. 258. 8 Allen v. Hussey, 101 Cal. App. 2d 457, 474 (1950).
9 Id. at 466.
10 Id. at 473.
11 Id. at 473-74.
12 ld.
13 Alameda Cty. v. Janssen, 16 Cal. 2d 276 (1940); see also Schroeder v. Irvine City Council, 97 Cal. App. 4th 174 (2002) ("[m]unicipalities have broad discretion to make public expenditures, subject to the limitations that the expenditure is for a 'public purpose'").
14 LNMC Sec. 2-3-23.
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15 Allied Architects Ass'n of L.A. v. Payne, 192 Cal. 431, 434 (1923). 16 Id. at 435.
17 Id. at 440.
18 Military & Veterans Code Sec. 1266.
19 Gov. Code Sec. 37461.
20 Military & Veterans Code Sec. 1262.
21 See 89 Ops. Cal. Atty. Gen. 258 (2006) (finding that a city council may donate public funds to a nonprofit corporation if the expenditure furthers a valid and substantial public purpose within its authorized duties and 22 Allied Architects, 192 Cal. 431, 440.
23 Gov. Code Sec. 12900 et seq.
24 42 U.S.C. Sec. 2000e et seq.
25 Gov. Code Sections 84224, 82004.5, 82041.3.
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10 ATTACHMENT C
Ordinance No. 2022-212 Amending the Laguna Niguel Municipal Code Related to the Military Support Committee
ORDINANCE NO. 2022-212

AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL

AMENDING THE LAGUNA NIGUEL MUNICIPAL CODE RELATING TO

THE MILITARY SUPPORT COMMITTEE, INCLUDING PROVISIONS ON

APPOINTMENT AND REMOVAL OF MEMBERS, ROLE OF CITY

COUNCIL LIAISONS, DESIGNATION AND SELECTION OF CHAIR

AND VICE-CHAIR, UPDATING THE LIST OF DUTIES AND LIST OF EX-

OFFICIO MEMBERS TO REFLECT CHANGES IN ADOPTED MILITARY

UNITS AND PROVIDING FOR THE COUNCIL'S SELECTION OF

ADOPTED MILITARY UNITS, AND MAKING A FINDING OF

EXEMPTION UNDER CEQA IN CONNECTION THEREWITH
The City Council of the City of Laguna Niguel does hereby ordain as follows:

Section 1. Recitals.

On October 1, 2019, the City Council adopted Ordinance No. 2019-198, amending the Laguna Niguel Municipal Code to include previously adopted provisions for the operation of all City Commissions, Boards and Committees into Division 3 of Title 2 of the Laguna Niguel Municipal Code. Ordinance No. 2019-198 became effective thirty days thereafter, on October 31, 2019.
b. On February 18, 2020, the City Council adopted Ordinance No. 2020-203 to further amend Division 3 of Title 2 by amending Section 2-3-21 governing the procedures for removal of members of the Military Support Committee and making other changes to other advisory committees and commissions.

C. The City Council now desires to further amend the provisions relating to the Military Support Committee that are contained Division 3 of Title 2 of the Laguna Niguel Municipal Code to: (1) provide for the appointment and removal of members of the Committee by the City Council rather than by the City Council liaisons to the Committee; (2) provide that the City Council liaisons shall serve as non-voting advisory members of the Committee and not as Co-Chairs; (3) provide that the members of the Committee shall select the Chair and Vice Chair of the Committee; and (4) update the Municipal Code provisions related to specific military units to be supported by the Committee, the list of ex-officio members from those units, and provide that the Council shall make future designations of which military units are to be supported by the City and the Committee.

Section 2. Section 2-3-21 (Establishment, membership and appointment) of Article 3 (Military Support Committee) of Division 3 (Commissions, Boards and Committees) of Title 2 (Administration and Personnel) of the Laguna Niguel Municipal Code, is hereby amended to read as follows with deletions shown in strikeout format and additions shown with underlining:
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Ordinance No. 2022-212 Page 2
"Sec. 2-3-21. - Establishment, membership and appointment. (a) The military support committee is hereby established. (b) The military support committee shall consist of not less than ten nor more than 20 members. Two members of the city council shall serve on the committee in a non-voting and advisory role as liaisons between the city council and the committee and shall be appointed by majority vote of the full city council. The two members appointed by the city council shall serve as co-chairs of the committee.
(b) The remaining members of the committee shall be at-large members appointed by the city council co-chairs as deemed appropriate, and may include representatives from local service clubs, charities, civic organizations, veteran's organizations, as well as interested Laguna Niguel residents, local veterans, business owners and individuals residing outside of the City of Laguna Niguel.
(c) The city council co chairs may appoint up to five at-large members nominated by specific charitable, service or civic organizations which by virtue of their significant and ongoing presence within the city are expected to make a substantial contribution to the mission of the Laguna Niguel Military Support Committee. Such at-large members shall be considered the liaisons to the specified organizations and shall serve at the discretion of the organization. The city council co-chairs may grant or revoke the right for an organization to appoint an at-large member at any time.
(d) The committee shall hold an annual organizational meeting and each at-large member who is appointed for a term of one year shall serve from their date of appointment until the committee's next annual organizational meeting and each at-large member who is appointed to serve a term of two years shall serve from the date of their appointment until the annual organizational meeting held in two years. (e) Within forty-five (45) days of the effective date of the ordinance that added this subsection (e), or as soon thereafter as the committee deems appropriate, the members of the committee shall select a chair and a vice chair of the committee from the appointed and voting members of the committee. For the selection of the position of committee chair and vice-chair, it is required that the committee strongly consider, but not be mandated to select, a military veteran to serve in at least one of those two positions. The selected chair and vice-chair shall serve until the committee's next annual organizational meeting at which time the committee may select the same or different members to serve as chair and vice-chair. At each annual organizational meeting thereafter, or at such later time as the 13018-0001\2614514v3.doc
Ordinance No. 2022-212 Page 3
committee deems appropriate, the members of the committee shall make its annual selection of a chair and a vice chair of the committee from the appointed and voting members of the committee. The committee may select a chair and vice-chair to serve successive one- year terms in those positions. City Council members appointed as liaisons to the committee shall not be eligible to be selected as a chair or vice-chair of the committee.
(e f) The city council co chairs when making the annual appointments of the at-large members of the committee shall as to each member appointed designate whether that member shall serve for a term of one year or a term of two years. Each year, the city council co chairs shall appoint enough at-large members to insure that with the members who had been appointed the previous year for a two-year term there are at least ten members of the committee and no more than 20 members of the committee.
(g) The city council liaisons to the military support committee hasve the sole authority to remove any member of the committee before the expiration of their term and may do so with or without cause or with or without a reason."
Section 3. Section 2-3-22 (Ex Officio Members) of Article 3 (Military Support Committee) of Division 3 (Commissions, Boards and Committees) of Title 2 (Administration and Personnel) of the Laguna Niguel Municipal Code, is hereby amended to read as follows with deletions shown in strikeout format and additions shown with underlining:
"Sec. 2-3-22. - Ex officio members.

The following ex officio members shall serve on the committee in a non-voting advisory role:
(a) A liaison appointed by the commanding officer of each of the city council's selected adoptive military units. A liaison appointed by the commanding officer of the USS McClusky.
b) A liaison appointed by the commanding officer of the USMC 1/4. (c) A representative appointed by the USS McClusky Spouse/Family support group.
(e) A representative appointed by the USMC 1/4 from the USMC 114 Spouse/Family support groups of each of the city council's selected adoptive military units.
(ec) One or more representatives from the Laguna Niguel Military Support Foundation."
13018-0001\2614514v3.doc
Ordinance No. 2022-212 Page 4
Section 4. Section 2-3-23 (Duties of the Committee) of Article 3 (Military Support Committee) of Division 3 (Commissions, Boards and Committees) of Title 2 (Administration and Personnel) of the Laguna Niguel Municipal Code, is hereby amended to read as follows with deletions shown in strikeout format and additions shown with underlining:
"Sec. 2-3-24. - Duties of the committee.

The duties and responsibilities of the military support committee shall consist of the following:
(a) Maintain continuous communication and contact between the city and representatives of the city council's selected adoptive military units. USS McClusky and USMC 1/4.
(b) Determine the support needs of the personnel and families of the city council's selected adoptive military units. USS McClusky and USMG 1/4.
(c) Plan, organize and conduct programs and special events to support the personnel and families of the city council's selected adoptive military units. USS McClusky and USMC 1/4.

Represent the city at ceremonial and social events, upon the invitation of the commanding officer (or his/her representative) of the city council's selected adoptive military units. USS McClusky and USMC 1/4.
(e) Solicit and raise private funds and donations to support the Laguna Niguel Military Support Foundation's mission to support the city's adoptive relationship, programs and special events with the city council's selected adoptive military units. USS McClusky and USMC 1/4.
(f) Provide periodic updates to the city council on its activities. (g) Such other duties and responsibilities as may be assigned by the city council. Laguna Niguel City Gouncil.

Section 5. Section 2-3-25 (Time and place of meetings; quorum) of Article 3 (Military Support Committee) of Division 3 (Commissions, Boards and Committees) of Title 2 (Administration and Personnel) of the Laguna Niguel Municipal Code, is hereby amended to read as follows with deletions shown in strikeout format and additions shown with underlining:
"Sec. 2-3-25. - Time and place of meetings; quorum.

The military support committee shall determine when and how frequently to meet. The committee shall meet at least once annually for the purposes of 13018-0001\2614514v3.doc
Ordinance No. 2022-212 Page 5
appointing and organizing its members and establishing such ad hoc committees that it deems necessary or appropriate. All meetings of the committee shall be held at the City of Laguna Niguel City Hall. A meeting may be called and scheduled by the chair, the vice-chair in the absence of the chair, or by a majority of the members of the committee. either co chair. A quorum shall consist of seven voting committee members being present at the meeting" Section 6. Exemption from CEQA. The City Council hereby finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance will have a significant adverse effect on the environment because the Ordinance only contains administrative provisions related to the membership and operation of the City's Military Support Committee. The adoption of this Ordinance is therefore exempt from California Environmental Quality Act review pursuant to State CEQA Guidelines Section 15061(b)(3) because the Ordinance is covered by the general rule common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The adoption of this Ordinance only provides for the inclusion and amendment of the Laguna Niguel Municipal Code of the operational provisions for the City's already established Military Support Committee and does not have the possibility of resulting in any physical changes in the environment.

Section 7. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrases, or portion thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 8. Effective Date of Ordinance. This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

Section 9. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and post a certified copy of the text of this Ordinance in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. 13018-0001\2614514v3.doc
Ordinance No. 2022-212 Page 6
PASSED, APPROVED AND ADOPTED this _day of . 2022.

Elaine Gennawey, Mayor
ATTEST:

Thy M. Merritt, Deputy City Clerk
13018-0001\2614514v3.doc

Laguna Niguel City CouncilApril 5, 2022

Laguna Niguel City Council
April 5, 2022