CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Justin J. Martin, Deputy City Manager
DATE: April 19, 2022
SUBJECT: Second Reading and Adoption of Ordinance No. 2022-212, Amending the Laguna Niguel Municipal Code Related to the Military Support Committee, Including Requested Revisions as Approved by the City Council
RECOMMENDATION
Staff recommends that the City Council conduct second reading, by title only, and adopt Ordinance No. 2022-212:
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,
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
BACKGROUND
During the City Council meeting held on April 5, 2022, the City Council discussed, revised, and then introduced Ordinance No. 2022-212, to: (1) provide for the appointment and removal of members of the Military Support Committee by the City Council rather than by the City Council liaisons to the Committee; and (2) update the Municipal Code provisions related to specific military units to be supported by the Military Support 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.
Several additional Municipal Code provision amendments were presented by staff and discussed by the City Council during the same meeting. These additional provisions included the City Council liaisons to the Committee serving as non-voting advisory 2 members of the Committee and not as Co-Chairs; that the members of the Committee would select the Chair and Vice Chair of the Committee; and, that strong consideration be given regarding veteran status in the selection of a Committee Chair and/or Vice-Chair.
After discussion, these additional provision amendments were not approved to move forward by the City Council.
ANALYSIS
The following topic areas are included in Ordinance No. 2022-212 (Attachment A):
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 by the majority vote of the City Council.
The rationale behind this request it to create uniformity in the member appointment and removal process, which occurs during a City Council public meeting, that includes a vote of the majority of the City Council.
'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. 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 is to avoid having to adopt future ordinances to update the Municipal Code should adoptive military units be changed in the future, and to clearly designate that the selection of adoptive units to be a decision requiring City Council approval.
If adopted, Ordinance No. 2022-212 will go into effect and be in full force and operation thirty (30) days after its final passage.
3 ALTERNATIVES CONSIDERED
The City Council may elect to:
1. Not approve the proposed Ordinance and make no changes to the existing Municipal Code.
2. Make additional edits to the provisions of the proposed Ordinance and re-introduce the Ordinance for first reading.
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.
CONCLUSION
The prepared Ordinance No. 2022-212 includes the City Council's approved revisions trom the April 5, 2022 City Council meeting. As such, staff recommends that the City Council conduct second reading, by title only, and adopt 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,
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
4 Jamass & Betanneau Outin Mustin
Tamara S. Letourneau Justin J. Martir
City Manager Deputy City Manager
Perri I Sinis
Kevin G. Ennis, Esq.
City Attorney
Attachments:
1. Ordinance No. 2022-212
5 ATTACHMENT A
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, UPDATING THE LIST
OF DUTIES AND LIST OF EX-OFFICIO MEMBERS TO REFLECT
CHANGES IN ADOPTED MILITARY UNITS, 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. l 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; and (2) 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:
"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 13018-0001\2645381v3.doc
Ordinance No. 2022-212 Page 2
on 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) 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 een appointed the previous year for a two-year term there are at leas en members of the committee and no more than 20 members of the committee.
(f) 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:
13018-0001\2645381v3.doc
Ordinance No. 2022-212 Page 3
"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.
(d) -A representative appointed by the USMC 1/4 from the USMC 1/4 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."
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 USMG 1/4.
(b) Determine the support needs of the personnel and families of the city council's selected adoptive military units. USS McGlusky and USMC 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.
(d) 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 USMG 1/4.
13018-0001\2645381v3.doc
Ordinance No. 2022-212 Page 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 USM 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 Council.
Section 5. 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 6. 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 7. 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 8. 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\2645381v3.doc
Ordinance No. 2022-212 Page 5
PASSED, APPROVED AND ADOPTED this day of _ 2022.
Elaine Gennawey, Mayor
ATTEST:
Thy M. Merritt, Deputy City Clerk
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