LAGUNA NIGUEL CITY COUNCIL
Vinutes of the Special City Council Meeting
December 5. 2022 - 5:00 p.m.
CALL TO ORDER - Mayor Gennawey called the Special City Council meeting on December 5, 2022, to order at 5:00 p.m.
ROLL CALL
Mayor Elaine Gennawey - Present
Mayor Pro Tem Sandy Rains - Present
Council Member Kelly Jennings - Present
Council Member Fred Minagar - Present
Council Member Rischi Paul Sharma - Present
PLEDGE OF ALLEGIANCE - Council Member Minagar
PUBLIC COMMENTS
There were no public comments.
PUBLIC HEARING
A Public Hearing to Consider the Appeal of the Planning Commission's Certification of Environmental Impact Report EIR 22-02 and Approval of Site Development Permit SDP 16-04, Including Alternative Development Standards, Minor Adjustment MA 22-11, and Tentative Tract Map TTM 17721 for the Cove at El Niguel Project
Community Development Director Orduna provided a report and PowerPoint presentation entitled "Appeal of the Cove at El Niguel EIR 22-02, SDP 16-04, MA 22-11, and TTM 17721."
Mayor Gennawey asked Council Members if they had any additional disclosures to make since the last City Council meeting. Council Members Jennings, Minagar, Sharma, and Mayor Gennawey had no additional disclosures. Mayor Pro Tem Rains disclosed that she had visited the project site since the last meeting.
Mayor Gennawey opened the Public Hearing.
James Kozel, President of the Niguel Summit Community Association, provided a statement reiterating their opposition to the Planning Commission's approval of the project.
David Lee, geotechnical engineer of David H. Lee and Associates on behalf of the Niguel Summit Community Association, provided a statement on the most recent inclinometer readings provided by the Association. He summarized the findings of his analysis, City Council Special Minutes Page 1 of 6 December 5, 2022 reiterating that the present creep rates would damage any structures developed on the site.
Patrick Muñoz, of Rutan and Tucker, LLP, and representative on behalf of the Niguel Summit Community Association, provided a statement reiterating the Association's opposition to the Planning Commission's approval of the project.
Gregory Axten, geotechnical engineer from American Geotechnical Inc. (AGI) on behalf of Laguna Niguel Town Partners, provided a rebuttal to Mr. Lee's report on the most recent inclinometer readings provided by Niguel Summit Community Association, reiterating that the creep rates of the slope were normal, and that in the past he has recommended that if the site were to be developed, it would be safe to develop the Cove at El Niguel site area.
Mike Recupero, with Recupero and Associates, Inc. and representative on behalf of Laguna Niguel Town Partners, provided a rebuttal to the appellant's statement, reiterating their support of the Planning Commission's approval of the project.
James Kozel, John Ulrich, Rod Henderson, Ken Stelts, Sara Nuss-Galles, Suzanne Cole, Fred Carroll, Andrew Zalay, and Cynthia Randall spoke in opposition to the Planning Commission's approval of the project.
Mr. Muñoz further provided a rebuttal to the applicant's statement. Mr. Recupero also further provided a rebuttal to the appellant's statement.
COUNCIL QUESTIONS
Council Member Jennings inquired further on whether the Mechanically Stabilized Earth (MSE) wall would cause any damage to the slope. Mr. Recupero stated that it would not.
Council Member Sharma asked Mr. Recupero to clarify why he did not have concerns with developing at the bottom of the slope given the land management conditions of the Association. Mr. Recupero clarified that he did have concerns but that he did not believe it was his place to make demands of the Niguel Summit Community Association to manage their land better.
Mayor Pro Tem Rains asked for clarification on how the factor of safety was determined and on the invalid entries in the inclinometer readings. Mr. Axten clarified the methodology behind the factor of safety analysis, and the inconsequential nature of invalid entries to the determination of safety factor. Mayor Pro Tem Rains asked if there was documentation of Mr. Axten's recommendation to not develop at the top of the slope. Mr.
Axten did not have documentation but reiterated his recommendation to develop at the bottom of the slope. Mayor Pro Tem Rains further inquired as to how running less trials yields a higher factor of safety. Mr. Axten clarified that no matter how many trials are run, there were only a certain number of critical trials that would yield a low factor of safety.
Mayor Pro Tem asked for clarification on whether Mr. Lee's report indicated a reduction in the factor of safety. Mr. Axten clarified that Mr. Lee's report did not present any evidence to that effect.
City Council Special Minutes Page 2 of 6 December 5, 2022 Mayor Gennawey asked whether the project would impact the existing homes at the top of the slope. Mr. Axten stated that it would not.
Council Member Sharma asked for clarification on how the software used in AGI's stability analysis has been described as outdated. Mr. Axten clarified that the guts of the program had not changed and that the engine of the software was identical to the most recent program. Council Member Sharma asked for clarification on whether there were significant differences in the inclinometer readings from within the community relative to the slope. Mr. Axten reiterated that there were no significant differences. Council Member Sharma further asked if the readings on two of the inclinometers within the project site show worse readings than others, shouldn't the applicant be liable for remedying this. Mr.
Axten replied that the project did in fact address this issue with reinforcing the soil with the MSE wall.
Council Member Sharma asked if there were complaints in the community about shifting in the homes or the grounds underneath the homes. Mr. Kozel stated that there were none. Council Member Sharma inquired as to whether there were any complaints from the homes located below the Niguel Summit Community Association about movement in the land. Mr. Kozel deferred to Mr. Lee to further discuss the inclinometer readings, and Council Member Sharma reiterated his question. Mr. Kozel stated that were none he was aware of.
Mayor Pro Tem Rains asked for the professional definitions of the terms creep and instability. Mr. Lee replied that creep ultimately leads to instability, and that creep is defined as a very slow form of failure and that instability is something that is on the verge of failure. He also provided further commentary on the invalid entries reported in AGI's analysis and reiterated his opinion that the analysis should be ran again.
Council Member Jennings asked why readings from 2019 were not provided when it was requested over the many years and specifically in September of 2022. Christine Wilz, General Manager for the Niguel Summit Community Association, stated that the first time she received a request from the City for inclinometer readings was from October 2022.
Council Member Jennings further inquired as to why readings were not provided in a timely manner if safety was a concern. Ms. Wilz reiterated that there was documentation of letters over the years stating the appellant's concerns.
Mayor Pro Tem Rains asked why the appellant was not working alongside the applicant to provide information in a timely manner. Mr. Kozel stated that he did not feel like it was fair to cast aspersions on the Niguel Summit Community Association. Mayor Pro Tem Rains clarified her question as to why there wasn't any cooperation from the Association and further asked if they were indeed asking for a recirculation of the Environmental Impact Report (EIR). Mr. Kozel affirmed that this was correct. Ms. Wilz clarified that the Association did not want to step on anyone's toes when it came to the validity of AGI's analysis of the inclinometer readings, and that engaging Mr. Lee was to address how to approach this situation professionally.
Council Member Sharma further pointed out that the inclinometer data was from the Association's property and could not be voluntarily disclosed. Ms. Wilz nodded in the affirmative.
City Council Special Minutes Page 3 of 6 December 5, 2022 Mayor Pro Tem Rains asked for clarification on whether the appellant went onto the applicant's property after the applicant was told that they would not. Mr. Muñoz clarified that this indeed happened. Ms. Wilz reiterated that there is a one-way access point to the property and that it had never been an issue before.
Council Member Sharma expressed reservations about the management of the hillside and asked for clarification from the Association on their maintenance of their portion of the slope. Mr. Henderson clarified that they have adequate crews maintaining their side of the slope, work in collaboration with Orange County Fire Authority (OCFA) on fuel modifications and keeping v-ditches clean.
Mayor Pro Tem Rains asked the appellant to consider that they were not 100% in compliance with fuel modification standards and the appellant concurred.
Mayor Gennawey closed the Public Hearing and called for a recess.
Mayor Gennawey resumed the meeting at 7:09 P.M.
Mayor Pro Tem Rains asked for clarification on the City's compliance with the Brown Act on making the appellant's second response letter available to the public. Special Legal Counsel Ghirelli clarified that the letter was available for review in the City Clerk's office and the City met the Brown Act requirements.
Council Member Minagar asked Greg Silver, geotechnical engineer for GMU Geotechnical, Inc. (GMU), if he found any liquefaction or seepage problems at the top of the hill or in the buffer area of the proposed construction site. Mr. Silver stated that he found none. Council Member Minagar further asked for clarification if there were any negative, adverse effects or potential future sliding to the zone between the top of the hill to the buffer area. Mr. Silver clarified that there was no issue with the slope stability and that slope creep is normal in Laguna Niguel. Council Member Minagar asked what Mr.
Silver's take was on AGI's analysis of the inclinometer readings. Mr. Silver stated that the software AGI used is reliable. Council Member Minagar asked again if there would be any adverse impact to the homes at the top of the hill. Mr. Silver stated that there were none.
Council Member Minagar further asked about the safety factor and whether the development will impact the slope stability. Mr. Silver stated that the development would not impact the slope stability.
Mayor Gennawey asked if the MSE wall would impact the factor of safety. Mr. Silver replied that it would not.
Mayor Pro Tem Rains asked if it would be accurate to say that the MSE wall would improve the factor of safety. Mr. Silver stated that an MSE wall could help with the stability of the slope. Mayor Pro Tem Rains again asked for the professional definition of creep and stability. Mr. Silver offered specific information relative to the project, noting that creep was normal for Laguna Niguel, and that the safety factor for the area of the land slide has not changed.
Council Member Jennings asked if City Staff and consultants had enough time to review the most recent inclinometer readings and analysis provided by AGI. Mr. Silver stated City Council Special Minutes Page 4 of 6 December 5, 2022 that the analysis was sound and Development Services Manager Morgan stated that he was confident in GMU's opinion on the report.
Council Member Sharma asked that with the additional data, would there be a different outcome to the EIR. Mr. Silver replied that he did not think there would be a different outcome. Council Member Sharma asked for clarification as to what the process would look like were the EIR to be re-circulated. Development Services Manager Morgan clarified that re-circulating would take several months to complete. Special Legal Counsel Ghirelli concurred with Development Services Manager Morgan. Council Member Sharma asked if the most recent inclinometer readings qualified as new significant information to materially impact the EIR. Mr. Silver stated that it was not.
Mayor Pro Tem Rains asked for clarification on whether a re-circulation of the EIR would entail the whole report or just the portion to be modified. Special Legal Counsel Ghirelli stated that the California Environmental Quality Act (CEQA) guidelines do allow for certain chapters to be re-circulated but that this does not result in a shorter timeline for completion. Mayor Pro Tem Rains further asked if the new data would warrant a re- circulation of the EIR. Mr. Silver replied that the new data does not show any issues with slope stability in terms of safety factor.
Mayor Gennawey asked if any of the geotechnical information the appellant provided contradict the Planning Commission's approval of the project. Mr. Silver stated that the new data does not contradict the Planning Commission's approval of the project.
Special Legal Counsel Ghirelli clarified the CEQA guidelines for triggering re-circulation of an EIR.
COUNCIL COMMENTS
Council Member Minagar expressed that he was satisfied with the information presented by the applicant and the appellant.
Mayor Pro Tem Rains thanked everyone for their comments and reiterated that the City Council works for the residents. She stated that after review of the new data, there are differences of opinions, but that majority of the professionals here tonight agree that the factor of safety needed for the project to move forward is still there. She expressed appreciation for all the information presented.
Council Member Jennings thanked everyone for their comments and acknowledged their concerns. She also thanked the City Staff and consultants for their hard work. She reiterated that the City Council had a quasi-judicial role to make a decision based on evidence and not on personal preferences. She stated that she has reviewed all the new information and the analysis by the geotechnical consultants, and that the evidence provided was sufficient to support the Planning Commission's findings and that the appeal should be denied.
Council Member Sharma stated that his assumptions the development would further secure and compact the site were confirmed by the analysis presented tonight. He expressed concern over the maintenance of the slope because of the runoff and liabilities City Council Special Minutes Page 5 of 6 December 5, 2022 presented for homeowners at the bottom of the slope. He clarified that he asked about re-circulation of the EIR to address the safety of both the homeowners at the top and the bottom of the slope.
Mayor Gennawey acknowledged that this was an emotional discussion for the community. She stated that much study and stabilization work had been done to the slope and that the appellant was given the opportunity to provide more data. She did not believe that the new evidence from the geotechnical experts showed that the development cannot be built in accordance with the City's code requirements or that the project would have a negative impact on the surrounding communities. She stated that the required factor of safety is maintained, the development does not affect the existing homes, and that the geotechnical reports show no evidence that slope movement will adversely affect the development. She reiterated that the decision needed to be made based on evidence and not on feelings. She stated that the factor of safety was met and that she supported the Planning Commission's approval of this project.
A MOTION was made by Council Member Jennings, seconded by Mayor Gennawey to:
1. Adopt Resolution No. 2022-1411, denying the appeal and upholding the Planning Commission's decision to certify Environmental Impact Report EIR 22-02 (SCH No. 2021110122), and adopting CEQA Findings of Fact, and the associated Mitigation Monitoring and Reporting Program;
2. Adopt Resolution No. 2022-1412, denying the appeal and upholding the Planning Commission's decision to approve Tentative Tract Map TTM 17721, subject to conditions of approval; and
3. Adopt Resolution No. 2022-1413, denying the appeal and upholding the Planning Commission's decision to approve Site Development Permit SDP 16-04, including alternative development standards, and Minor Adjustment MA 22-11, subject to conditions of approval.
Motion carried 3-2 by the following Roll Call vote:
Ayes: Council Members Jennings, Mayor Pro Tem Rains, and Mayor Gennawey.
Nays: Council Members Minagar and Sharma.
ADJOURNMENT
Mayor Gennawey adjourned the meeting at 7:51 p.m.
Respectfully submitted by:
Marissa J. Asistin, CMC
City Clerk
City Council Special Minutes Page 6 of 6 December 5, 2022
LAGUNA NIGUEL CITY COUNCIL
Minutes of the Regular City Council Meeting
December 6, 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 - Pastor Jim Szeyller, Laguna Niguel Presbyterian Church PLEDGE OF ALLEGIANCE - Daisy Scout Troop #1487
PUBLIC COMMENTS
Briseis Valenzuela, Roberto Valenzuela, Molly Zurflueh, Curt Wilson, Steve Bond, Sofia Sherer, Debbie Reff, Wendy Blubaugh, Caden Diehl, Jack Baer, Brooke Zeiter, Barbara Leibold, Shaun Diehl, Russell Kamei, Greg Young, Kurt Schneider, and Grant Schneider spoke on the use of the Laguna Niguel Aquatics Center.
Scott Alevy spoke on the Laguna Niguel Chamber of Commerce Shop & Dine Local Campaign.
Rosemarie Fernandez recognized Mayor Gennawey for her contributions to the community during her years of service on the City Council.
CONSENT CALENDAR
Council Member Jennings and Mayor Gennawey pulled Item No. 1 for discussion.
A MOTION was made by Council Member Minagar, seconded by Council Member Jennings, to approve the remainder of the Consent Calendar as presented.
Motion carried 5-0.
Payroll Summary Register
Approved as written.
Investment Report as of October 31, 2022
Approved as written.
City Council Regular Meeting Minutes Page 1 of 5 December 6, 2022 Minutes of the Regular City Council Meeting on November 15, 2022 Approved as written.
5. Adoption of Resolution No. 2022-1414, Declaring the Results of the General Municipal Election Held on November 8, 2022
Adopted Resolution No. 2022-1414, declaring the results of the General Municipal Election held on November 8, 2022.
ITEM PULLED FROM CONSENT CALENDAR
Warrants of December 6, 2022
Council Member Jennings expressed concern with billing totals for legal services and requested copies of invoices for review. Mayor Gennawey also expressed her interest in reviewing the invoices for the same reason.
A MOTION was made by Council Member Jennings, seconded by Council Member Minagar, to approve as written.
Motion carried 5-0.
OTHER BUSINESS
1. Presentation to Outgoing Council Member Fred Minagar Mayor Gennawey presented Council Member Fred Minagar with gifts and certificates of commendation, for his eight years of service on the City Council, on behalf of Congresswoman Michelle Steel, Former Senator Patricia Bates, Assemblywoman Laurie Davies, Orange County Supervisor Lisa Bartlett, the Laguna Niguel Chamber of Commerce, and City of Laguna Niguel. a. Comments by Council Member Minagar
Councilmember Minagar provided comments on his tenure with the City of Laguna Niguel, and recognized Council Member colleagues past and present he served with during the past eight years. He thanked all for their support and recognized the City for all their accomplishments.
Presentation to Outgoing Mayor Elaine Gennawey
Mayor Pro Tem Rains presented outgoing Mayor Elaine Gennawey with gifts and certificates of commendation for her eight years of service on the City Council, on behalf of Congresswoman Michelle • Steel, Former Senator Patricia Bates, Assemblywoman Laurie Davies, Orange County Supervisor Lisa Bartlett, the Laguna Niguel Chamber of Commerce, and City of Laguna Niguel.
City Council Regular Meeting Minutes Page 2 of 5 December 6, 2022 a. Comments by Mayor Gennawey
Mayor Gennawey provided comment on her years of service to the community of Laguna Niguel. She shared her "view from the dais," expressing her appreciation for the residents, future leaders, City staff, and her colleagues past and present and highlighted key moments during her tenure.
RECESS
CALL TO ORDER FROM RECESS - NEW COUNCIL
PRESENTATIONS
Presentation of Election Certificate and Administration of Oath of Office by the Honorable Orange County Supervisor Katrina Foley to Council Member.
Elect Stephanie Oddo
Orange County Supervisor Katrina Foley administered the Oath of Office to Council Member-Elect Stephanie Oddo.
2. Presentation of Election Certificate and Administration of Oath of Office by the Honorable State Assemblywoman Laurie Davies to Council Member- Elect Ray Gennawey
Assemblywoman Laurie Davies administered the Oath of Office to Council Member-Elect Ray Gennawey.
3. Comments by Newly Elected Council Members Stephanie Oddo and Ray Gennawey
Council Member Oddo thanked former Council Member Fred Minagar and former Mayor Elaine Gennawey for their eight years of service to the City, all candidates who ran in the local election, those in attendance, and all who voted to elect her to office. She expressed her gratitude and honor for the opportunity to serve the residents. She recognized her husband and children for their support, thanked Supervisor Foley for her attendance, acknowledged family near and far for their support and attendance in person and virtually, and congratulated and thanked he campaign volunteers. She expressed her confidence in the great work to be done with her City Council colleagues. She dedicated her election to the City Council to her late mother.
Council Member Gennawey thanked the voters and his volunteers for their efforts to get him elected to the City Council. He recognized his parents and his wife for their love and support. He expressed his commitment to the City and its residents.
He shared the phrase, "Today I tried to make the world a better place, I'll do it again tomorrow if you let me," in honor of his late friend and mentor, former Mayor Robert Ming.
CITY COUNCIL
City Council Regular Meeting Minutes Page 3 of 5 December 6, 2022 Selection of Mayor and Mayor Pro Tem
Cara Ray recognized the City Council, thanked the former Council Members for their service, and expressed her anticipation for the work to be done in the upcoming year.
Melissa Crewe spoke in support of Mayor Pro Tem Rains to serve as Mayor for the upcoming year.
Council Member Sharma nominated Mayor Pro Tem Rains for the Office of Mayor.
Council Member Gennawey nominated Council Member Jennings for the Office of Mayor.
Council Member Oddo nominated Council Member Sharma for the Office of Mayor.
A MOTION was made by Council Member Sharma, seconded by Mayor Pro Tem Rains, to nominate Mayor Pro Tem Rains for the Office of Mayor.
Motion Carried 3-2, with Council Member Sharma, Council Member Oddo, and Mayor Pro Tem Rains voting yes, and Council Members Jennings and Gennawey voting no.
Mayor Rains nominated Council Member Sharma for the Office of Mayor Pro Tem.
Council Member Gennawey nominated Council Member Jennings for the Office of Mayor Pro Tem.
A MOTION was made by Mayor Rains, seconded by Council Member Oddo, to nominate Council Member Sharma for the Office of Mayor Pro Tem.
Motion Carried 3-2, with Council Member Sharma, Council Member Oddo, and Mayor Rains voting yes, and Council Members Jennings and Gennawey voting no.
a. Comments by Newly Appointed Mayor
Mayor Rains welcomed Council Members Gennawey and Oddo to the City Council. She shared the experience and background of each of the Council Members and shared that she looks forward to the work they will do together as a team for the City.
b. Comments by Newly Appointed Mayor Pro Tem
Mayor Pro Tem Sharma recognized former Council Member Fred Minagar and former Mayor Elaine Gennawey for their support and service to the community, thanked former Mayors Laurie Davies and John Mark Jennings for their City Council Regular Meeting Minutes Page 4 of 5 December 6, 2022 attendance, welcomed new Council Members Gennawey and Oddo and stated that he looks forward to the work they will do together.
OTHER BUSINESS/COUNCIL REPORTS
Council Reports
Council Member Gennawey announced the Holiday Parade being held on December 10.
Council Member Oddo congratulated Council Member Gennawey on his election to the City Council and shared that she looks forward to working with her colleagues for the benefit of the residents.
Council Member Jennings welcomed Council Members Gennawey and Oado, recognized former Mayor Gennawey and former Council Member Minagar, and stated she looks forward to seeing everyone at the Holiday Parade.
Mayor Rains announced that beginning December 20, City Council meetings will be temporarily relocated to the Crown Valley Community Center.
City Manager/Department Reports
None.
ADJOURNMENT
Mayor Rains adjourned the Regular City Council Meeting at 9:44 p.m.
Respectfully submitted,
Marissa J. Asistin, CMC
City Clerk
City Council Regular Meeting Minutes Page 5 of 5 December 6, 2022