LAGUNA NIGUEL CITY COUNCIL
Minutes of the Regular City Council Meeting
September 6, 2022
6:30 p.m. - Regular Meeting
CALL TO ORDER AND ROLL CALL - Mayor Gennawey called the Regular City Council Meeting to order at 6:30 p.m.
Mayor Elaine Gennawey- Present
Mayor Pro Tem Sandy Rains - Present
Council Member Kelly Jennings - Present
Council Member Rischi Paul Sharma - Present
Council Member Fred Minagar - Present
CLOSED SESSION PUBLIC COMMENTS
There were no public comments on the Closed Session item.
CLOSED SESSION
City Manager Letourneau read the City Council into Closed Session.
1. PUBLIC EMPLOYMENT APPOINTMENT
Pursuant to Section 54957 of the Government Code
Title: City Attorney
City Council conducted the Closed Session.
Mayor Gennawey called the Regular meeting back to order at 7:00 p.m.
CLOSED SESSION REPORT
City Manager Letourneau reported there was no reportable action taken during the Closed Session.
INVOCATION - Pastor Jim Szeyller, Laguna Niguel Presbyterian Church PLEDGE OF ALLEGIANCE - Scout Junior Troop 9578
PRESENTATION
Proclamation for Hunger Action Month
Mayor Gennawey presented a proclamation to Chrislynn VanSkiver, Director of Operations with Second Harvest Food Bank of Orange County, in recognition of Hunger Action Month. She thanked Chrislynn on behalf of the City Council for her dedication to combating food insecurity.
City Council Regular Meeting Minutes Page 1 of 6 September 6, 2022
PUBLIC COMMENTS
Teresa Schickling spoke on the Family Assistance Ministries (FAM) Resale Boutique and the services that FAM offers to the community. She thanked the Council and the Laguna Niguel community for their support.
Liz Avila spoke on the Sea Country Festival and thanked Parks and Recreation Director Rivera and his team for their efforts.
CONSENT CALENDAR
Council Member Sharma pulled Item No. 5 for discussion.
A MOTION was made by Mayor Pro Tem Rains, seconded by Council Member Minagar, to approve the Consent Calendar with the exception of Item No. 5.
Motion carried 5-0.
1. Warrants of September 6, 2022
Approved as written.
2. Payroll Summary Register
Approved as written.
3. Investment Report as of July 31, 2022
Approved as written.
4. Minutes of the Regular City Council Meeting on August 16, 2022 Approved as written.
6. Award of Construction Contract to R.J. Noble Company for Annual Residential Overlay Program Fiscal Year 2021-22, Cash Contract No. 21-33
1. Awarded the Construction Contract for the Annual Residential Overlay Program Fiscal Year 2021-22), Cash Contract No. 21-33 to R.J. Noble Company in the amount of $519,360;
2. Authorized the Public Works Director/City Engineer to process change orders in an amount not to exceed 15% of the total contract for $77,904, for a total not- to-exceed amount of $597,264 if needed;
3. Authorized the City Manager to execute the Construction Contract for Annual Residential Overlay Program Fiscal Year 2021-22, Cash Contract No. 21-33 City Council Regular Meeting Minutes Page 2 of 6 September 6, 2022 with R.J. Noble Company, subject to the City Attorney making non-substantive changes; and,
4. Authorized the Public Works Director/City Engineer to execute the Notice of Completion at the conclusion of construction.
7. Award of Construction Contract to R.J. Noble Company for Annual Residential Overlay Program Fiscal Year 2022-23, Cash Contract No. 22-13
1. Awarded the Construction Contract for the Annual Residential Overlay Program Fiscal Year 2022-23, Cash Contract No. 22-13 to R.J. Noble Company in the amount of $427,560;
2. Authorized the Public Works Director/City Engineer to process change orders in an amount not to exceed 15% of the total contract for $64, 134 for a total not- to-exceed amount of $491,694 if needed;
3. Authorized the City Manager to execute the Construction Contract for Annual Residential Overlay Program Fiscal Year 2022-23, Cash Contract No. 22-13 with R.J. Noble Company, subject to the City Attorney making non-substantive changes; and,
4. Authorized the Public Works Director/City Engineer to execute the Notice of Completion at the conclusion of construction.
ITEM PULLED FOR DISCUSSION
5. Adoption of Resolution No. 2022-1407, Amending the Conflict of Interest Code
Council Member Sharma asked for clarification as to why the Military Support Committee and the Youth Committee were not included as Designated Positions subject to disclosure requirements. City Clerk Asistin clarified that staff reviewed positions included in the proposed conflict of interest code that may make or participate in the making of decisions that could have a potential conflict of interest. Interim City Attorney Ghirelli clarified that the only Commission statutorily required to file the Form 700 is the Planning Commission, but that it was up to the discretion of the Council to include the Military Support Committee and the Youth Committee. Mayor Pro Tem Rains asked for clarification as to how it is determined that a Commission or Committee member would be considered subject to disclosure. Interim City Attorney Ghirelli clarified that it was based on the type of decisions the Commission or Committee member is making but that beyond the statutory requirement of Planning Commission members disclosing, it was up to the discretion of the Council as to which Commission or Committees should disclose. Mayor Pro Tem Rains requested additional information on how the analysis was conducted for determining which Commission or Committee are subject to disclosure and the Code language. Deputy City Manager Martin clarified that the presented list of Commission and Committees matched those that had been presented historically and further that it was City Council Regular Meeting Minutes Page 3 of 6 September 6, 2022 within the City Council's discretion to make further amendments to the Designated Positions.
A MOTION was made by Mayor Pro Tem Rains, seconded by Council Member Minagar, to bring this agenda item back to the next meeting with more information on how the analysis was conducted for determining which Commission or Committee are subiect to disclosure and to include the referenced Government Code language.
Motion carried 5-0.
DISCUSSION ITEM
1. Electric Bicycle (E-Bike) Action Plan Results and Updates Chief of Police Services Captain Asuncion provided a report and PowerPoint presentation entitled "Electric Bicycles Action Plan Update."
Mayor Pro Tem Rains asked for clarification on administrative citations. Captain Asuncion provided clarification on the administrative citation process. Mayor Pro Tem Rains also asked whether there was an educational approach geared towards adult electric bike (E- Bike) riders and whether administrative citations were an option for adult violators.
Captain Asuncion confirmed that there was an educational approach for adult riders and that the administrative citation is extended to adult violators.
Council Member Jennings asked whether the educational program would be extended to other schools. Captain Asuncion clarified that the program can be expanded to include other campuses.
Mayor Gennawey asked if administrative citations were extended to multiple riders on one bike. Captain Asuncion clarified that multiple riders on one bike can be cited. Mayor Gennawey also asked for clarification on what would happen if E-Bike riders were in traffic lanes. Captain Asuncion clarified that E-Bike riders are allowed to travel in traffic lanes if they are following all traffic laws. Finally, Mayor Gennawey asked for clarification on what the consequences were for an administrative citation. Captain Asuncion clarified that fees were incurred for an administrative citation.
Captain Asuncion provided further clarification on the process of addressing an E-Bike violator.
PUBLIC COMMENTS
Jeff Jones spoke in favor of the Electric Bicycle Action Plan and thanked the City Council and Captain Asuncion for their efforts in this initiative.
Melissa Caldwell spoke in favor of the Electric Bicycle Action Plan and highlighted an E- Bike Education and Safety Community Outreach event on September 15.
Mayor Gennawey closed Public Comments for this item.
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COUNCIL COMMENTS
Council Member Minagar spoke on the success of the action plan and highlighted the collaborative efforts between the Public Works Department and the Laguna Niguel Police Services.
Mayor Pro Tem Rains spoke on the success of the action plan and thanked Captain Asuncion, Niguel Hills Middle School Principal Jeff Jones, Parent Teacher Student Association (PTSA) President Caldwell, and City Staff for their efforts. She also encouraged drivers to keep an eye out for E-Bike riders.
Council Member Sharma spoke on the success of the education first approach to the action plan and thanked Captain Asuncion and City Staff for their efforts.
Council Member Jennings spoke on the success of the action plan and thanked Public Works Director Scott and the Public Works Department for their efforts.
Mayor Gennawey spoke on the success of the action plan and asked if there was any information on the hazards between vehicle drivers and E-Bike riders. Captain Asuncion clarified that there had been incidences and that the education approach of the action plan does address driver and E-Bike rider interactions. Mayor Gennawey recommended providing a presentation to the seniors of the community. She thanked Captain Asuncion for his efforts in keeping young people safe in Laguna Niguel.
A MOTION was made by Council Member Sharma, seconded by Council Member Minagar, to:
1. Receive and file this update on the City's Electric Bicycle Action Plan; and,
2. Provide staff with direction on potential additional enforcement and/or educational actions.
Motion carried 5-0.
OTHER BUSINESS/COUNCIL REPORTS
1. Council Reports
Council Member Minagar reported on his attendance at regional and county meetings.
He spoke on the status of various lawsuits regarding the Regional Housing Needs Assessment and Senate Bill 9. He also spoke on Laguna Niguel receiving funding through the recently passed Infrastructure Investment and Jobs Act.
Council Member Sharma invited everyone to attend the Military Support Committee Car Wash event on Saturday, September 10.
Council Member Jennings spoke on the success of the Sea Country Festival and City Council Regular Meeting Minutes Page 5 of 6 September 6, 2022 expressed her appreciation for the City Staff's efforts in putting on the event.
Mayor Pro Tem Rains thanked City Staff for putting on a successful Sea Country Festival and reminded everyone to attend the Summer Concert on Friday, September 9. She also invited everyone to attend the Military Support Committee Car Wash event on Saturday, September 10.
Mayor Gennawey reported on her attendance at a complex coordinated terrorist attack exercise with several public safety agencies. She praised the competency of the Orange County Sheriff's Department in their efforts in keeping the community safe from such attacks. She thanked City Staff and the community for a successful Sea Country Festival.
She reported on her attendance at the Youth Committee meeting and reminded everyone about the Junior Civics Workshop scheduled for next week.
2. City Manager Report/Department Reports
Parks and Recreation Director Rivera reported on upcoming Fall events.
City Manager Letourneau reported on the success of the first year of the Summer Trolley Program. She thanked the community for participating in the program.
ADJOURNMENT
Mayor Gennawey adjourned the Regular City Council Meeting at 8:15 p.m.
Respectfully submitted,
Marissa J. Asistin, CMC
City Clerk
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