LAGUNA NIGUEL CITY COUNCIL
Minutes of the Regular City Council Meeting
November 1, 2022
7:00 p.m. - Regular Meeting
CALL TO ORDER AND ROLL CALL - Mayor Gennawey called the Regular City Council Meeting to order at 7:00 p.m.
Mayor Elaine Gennawey- Present
Mayor Pro Tem Sandy Rains - Present
Council Member Kelly Jennings - Present
Council Member Rischi Paul Sharma - Present
Council Member Fred Minagar - Present
INVOCATION - Farshad Jahed, Baha'i Community of Laguna Niguel PLEDGE OF ALLEGIANCE - Scout Troop 7570
PRESENTATIONS
1. Volunteer of the Month
Mayor Gennawey presented Dave Bell and Robert Spencer with certificates recognizing their volunteer services at the Haunted Trails event. She thanked them on behalf of the City Council for their dedication to volunteering in the community.
2. Proclamation Declaring National Nurse Practitioner Week Mayor Gennawey presented a proclamation to California Association of Nurse Practitioners (CANP) representative and Nurse Practitioner Victoria Hanson declaring November 13th to November 19th National Nurse Practitioner Week. She thanked her on behalf of the City Council for the profession's commitment to the health and well-being of the citizens in the City of Laguna Niguel.
PUBLIC COMMENTS
Barbara Leibold and Chuck Leibold spoke on the use of the Crown Valley Community Center pool.
CONSENT CALENDAR
Council Member Sharma pulled Item No. 6 for discussion.
A MOTION was made by Council Member Minagar, seconded by Council Member Jennings to approve the Consent Calendar with the exception of Item No. 6.
Motion carried 5-0.
City Council Regular Meeting Minutes Page 1 of 7 November 1, 2022 Warrants of November 1, 2022
Approved as written.
2. Payroll Summary Register
Approved as written.
Investment Report as of September 30, 2022
Approved as written.
Minutes of the Special Meeting of the City Council on October 17, 2022, and Regular Meeting of the City Council on October 18, 2022 Approved as written, with a correction to the time of recess to the Minutes for October 18.
Special Counsel Legal Services Agreement with Richard, Watson, and Gershon
Approved the agreement for special legal counsel with Richards, Watson, and Gershon
7. Approval of Cooperative Agreement No. C-2-2633 Between Orange County Transportation Authority and Cities of Dana Point, Laguna Niguel, Mission Viejo, and the County of Orange for the Crown Valley Parkway Regional Traffic Signal Synchronization Program Project
Approved Cooperative Agreement No. C-2-2633 between Orange County Transportation Authority and Cities of Dana Point, Laguna Niguel, Mission Viejo, and the County of Orange for Crown Valley Parkway Regional Traffic Signal Synchronization Program Project;
Authorized the Mayor and City Clerk to execute the agreement; and, Authorized the City Manager to execute future amendments to the agreement.
Approval of Cooperative Agreement No. C-2-2634 Between Orange County Transportation Authority and Cities of Dana Point, Laguna Hills, and Laguna Niguel for the Moulton Parkway Regional Traffic Signal Synchronization Program Project
Approved Cooperative Agreement No. C-2-2634 between Orange County Transportation Authority and Cities of Dana Point, Laguna Niguel, and Laguna Hills for Moulton Parkway Regional Traffic Signal Synchronization City Council Regular Meeting Minutes Page 2 of 7 November 1, 2022 Program Project;
Authorized the Mayor and City Clerk to execute the agreement; and, Authorized the City Manager to execute future amendments to the agreement.
Adoption of Resolution No. 2022-1409, Approving a Temporary Closure of Portions of Crown Valley Parkway, Nueva Vista Drive, Adelanto Drive, La Paz Road, La Plata Drive, and Central Park Drive for the 2022 Holiday Parade Adopted Resolution No. 2022-1409, approving a temporary closure of portions of Crown Valley Parkway, Nueva Vista Drive, Adelanto Drive, La Paz Road, La Plata Drive, and Central Park Drive for the 2022 Holiday Parade.
ITEMS PULLED FOR DISCUSSION
6. Unfunded Pension Liability Payments
Council Member Sharma requested clarification on how the 6.8% assumed rate of return on the pooled assets is not an interest rate charged to the City. Finance Director Hendrickson clarified the difference between interest rates on explicit debt and discounted rates on implicit debt. Council Member Sharma also asked for clarification on the analysis for the calculated savings amount. Finance Director Hendrickson explained how he calculated the savings to the City utilizing the information provided by the actuarial consultant.
Council Member Minagar expressed his happiness at the City's fiscal health.
Mayor Pro Tem Rains inquired as to what the City's reserves will look like once funds are appropriated to reduce the City's unfunded pension liability. Finance Director Hendrickson clarified the General Fund reserves will be at 90% of the City's total operating costs for the fiscal year. Mayor Pro Tem Rains also asked for further clarification on the fluctuation of the assumed rate of return. Finance Director Hendrickson clarified the fluctuations.
Mayor Pro Tem Rains directed Staff to send a letter to CaPERS expressing concern about their investing strategies.
PUBLIC COMMENTS
Jeff von Waldburg spoke in support of reducing the City's unfunded pension liability.
COUNCIL COMMENTS
Council Member Jennings thanked Staff for their efforts on this report.
Mayor Gennawey expressed how pleased she was with the direction the City was going in.
City Council Regular Meeting Minutes Page 3 of 7 November 1, 2022 A MOTION was made by Mayor Pro Tem Rains, seconded by Council Member Sharma, to direct Staff to write a letter to CaPERS expressing concern about their investing strategies, and to:
Authorize a budget appropriation of $4,800,000 from General Fund reserves to CalPERS to reduce the City's unfunded pension liability; and Authorize the remittance of $1,000,000 to the City's Section 115 Trust with PARS; and,
Commit $100,000 towards General Fund reserves.
Motion carried 5-0.
DISCUSSION ITEM
1. Comprehensive Laguna Niguel Municipal Code Update
Deputy City Manager Martin provided a report.
Council Member Minagar inquired as to why the City received only two proposals. Deputy City Manager Martin clarified firms may not have reached out due to the aggressive timeline to complete the recodification. Council Member Minagar also inquired as to whether the proposed amount to complete the project was reasonable. Deputy City Manager Martin clarified the proposed amount from American Legal Publishing was the lowest amount out of the two proposals.
Mayor Gennawey inquired as to what the approximate legal fees would be. City Attorney Neumeyer clarified the comprehensive nature of recodification.
Mayor Pro Tem Rains inquired as to whether a portion of the legal review can be conducted by paralegals. City Attorney Neumeyer expressed that this could be done.
Council Member Sharma inquired how prioritizing the project as part of the 2023 Strategic Plan will change the timeframe of the project. Deputy City Manager Martin clarified the project's start date will be in July of the new fiscal year if it were to be prioritized as part of the Strategic Plan versus the timeline starting in November of 2022. Council Member Sharma also asked for clarification on the liabilities of not recodifying. City Attorney Neumeyer outlined how recodification reduces liabilities to the City.
Mayor Gennawey asked for clarification on the supplement process with the City's current municipal code company. Deputy City Manager Martin clarified that the company is aware of the City's intent to recodify.
Mayor Pro Tem Rains inquired as to whether legal fees for this project could be prioritized as part of the Strategic Plan. City Manager Letourneau clarified that legal fees would be budgeted for this project if it were to be part of the Strategic Plan. Deputy City Manager City Council Regular Meeting Minutes Page 4 of 7 November 1, 2022 Martin also clarified that making this project part of the Strategic Plan would give Staff time to plan for the review process.
Mayor Gennawey paused the meeting at 7:59 P.M.
Mayor Gennawey continued the meeting at 8:02 P.M.
Council Member Jennings expressed her support for prioritizing the project as part of the 2023 Strategic Plan Priority Setting Workshop.
PUBLIC COMMENTS
There were no public comments.
A MOTION was made by Council Member Jennings, seconded by Council Member Sharma to direct Staff to prioritize the project as part of the 2023 Strategic Plan Priority Setting Workshop scheduled for February 2023.
Motion carried 5-0.
2. Sea Country Festival Summary
Parks and Recreation Director Rivera provided a report.
PUBLIC COMMENTS
Timothy Bowman, John Ulrich, Mark Thacker, Stephanie Porrello, Luis Porrello, Bob Meese, Daylyn Scott, Scott Alevy, Rich Swanson, Jedeen Jarvis, Stephanie Winstead, Jim Sprick, and Duane Cave spoke in favor of the Sea Country Festival.
COUNCIL COMMENTS
Mayor Pro Tem Rains expressed her concern with overworking Staff for this event and reiterated that she was not opposed to the event, but that she was opposed to the City doing all the heavy lifting. She also expressed concern in entering a three-year contract with the carnival vendor given the uncertainty of whether another natural or economic disaster will occur. She inquired whether a termination clause can be included in a three- year contract. City Manager Letourneau confirmed that the City could negotiate such a clause into a three-year contract. She thanked residents for their comments.
Council Member Jennings thanked residents for their comments and expressed her support for the Sea Country Festival. She highlighted the strong fiscal health of the City and expressed how important it was to invest in the sense of community, or Sea Country spirit. She reported that she received positive feedback from those who participated in the event. She stated that she was in support of a three-day festival and entering into a multi-year agreement with a festival vendor.
Council Member Minagar inquired as to Staffs confidence level in the cost estimates the festival vendors provided. Parks and Recreation Director Rivera clarified that he was City Council Regular Meeting Minutes Page 5 of 7 November 1, 2022 confident in their estimations. Council Member Minagar expressed that he was in favor of a three-day festival
Council Member Sharma inquired of Mark Thacker, public commenter, to what extent his organization would be willing to help at the festival. Mr. Thacker clarified that his organization, the Laguna Niguel Youth Soccer Association, could provide volunteers.
Council Member Sharma expressed that he would like to see community organizations be more involved in the heavy lifting of the festival.
Mayor Gennawey reported that she received positive feedback from residents about the festival. She expressed that she would like to see a committee of volunteers formed for this event and have the hours reduced to avoid the hotter parts of the day. She stated that the City should stay the lead organization for the event, with supporting organizations taking on different pieces of the event. She expressed that she was in favor of having a three-day event and a multi-year agreement.
A MOTION was made by Mayor Pro Tem Rains, seconded by Council Member Sharma to approve a three-day event, bring a three-year agreement with a cancellation clause before the City Council for approval, and form a volunteer committee under the Parks and Recreation Department.
Motion carried 5-0.
It was the consensus of the City Council for Staff to develop and bring back to City Council a booth policy that addresses nonprofit organizations, local food vendors, and event hours, and an outline of the volunteer committee. Staff was asked to bring back options to the City Council regarding a food policy and vendor participation.
PUBLIC HEARING
Second Reading and Adoption of Ordinances Adopting by Reference the 2022 California Building Standards Code, including Local Amendments, and Related International Codes
City Clerk Asistin provided a report.
Mayor Gennawey opened the Public Hearing at 9:15 p.m.
There were no public comments.
Mayor Gennawey closed the Public Hearing at 9:15 p.m.
A MOTION was made by Council Member Sharma, seconded by Council Member Jennings to continue the public hearing to the meeting of November 15, 2022, to allow staff to meet necessary legal noticing requirements.
Motion carried 5-0.
City Council Regular Meeting Minutes Page 6 of 7 November 1, 2022
OTHER BUSINESS/COUNCIL REPORTS
1. Council Reports
Council Member Jennings commended the Military Support Committee on the Taste for the Troops event and thanked the Laguna Niguel Police Services for a successful National Take Back Prescription Day. She concluded with a brief report on her attendance at the Niguel Botanical Preserves planting of a tree in honor of Laguna Niguel Citizen of the Year Jim McGinley.
Council Member Minagar reported on his attendance at various regional meetings and highlighted the Transportation Corridor Agencies (TCA) implementation of a wrong-way alert system.
Mayor Pro Tem Rains commended the Public Works Department for being recipients of the 2022 American Public Works Association (APWA) Best Project of the Year Awards.
She encouraged everyone to attend the Veteran's Day event at Sea Country Senior and Community Center.
Mayor Gennawey highlighted consent calendar items that were approved at the meeting tonight. She reported on her attendance at the Association of California Cities (ACC-OC) Legislative Regulatory Committee meeting and thanked her City Council colleagues for letting her represent Laguna Niguel at ACC-OC meetings. She concluded by reminding everyone that the Junior Civics Workshop was scheduled for November 8.
2. City Manager Report/Department Reports
Public Works Director Scott provided a report on the Public Works Department being the recipient of the 2022 American Public Works Association (APWA) Best Project of the Year Award for the Niguel Hills School Safety Program in the Creative and Innovative category and the Salt Creek Wetland Mitigation Project in the Storm Water Quality category.
ADJOURNMENT
Mayor Gennawey adjourned the Regular City Council Meeting at 9:26 p.m.
Respectfully submitted,
Marissa J. Asistin, CMC
City Clerk
City Council Regular Meeting Minutes Page 7 of 7 November 1, 2022