LAGUNA NIGUEL CITY COUNCIL
Minutes of the Special City Council Meeting
April 13, 2023
5:00 p.m. - Special Meeting
CALL TO ORDER AND ROLL CALL - Mayor Jennings called the Special City Council Meeting to order at 5:01 p.m.
Mayor Kelly Jennings - Present
Council Member Ray Gennawey- Present
Council Member Stephanie Oddo - Present
Council Member Sandy Rains - Present
PLEDGE OF ALLEGIANCE - Council Member Oddo
PUBLIC COMMENTS
There were no public comments.
CLOSED SESSION
Following City Manager Letourneau's announcement of the Closed Session, City Council recessed to closed session for discussion on the following matters:
PUBLIC EMPLOYMENT
Pursuant to Section 54957(b)(1) of the Government Code
Title: City Attorney
PUBLIC EMPLOYMEE APPOINTMENT
Pursuant to Section 54957(b)(1) of the Government Code
Title: City Attorney
City Council conducted the Closed Session.
Mayor Jennings called the Special meeting back to order at 7:43 p.m.
CLOSED SESSION REPORT
City Manager Letourneau stated there was no reportable action taken on the matters discussed in closed session.
ADJOURNMENT
Mayor Jennings adjourned the Special City Council Meeting at 7:45 p.m.
City Council Special Meeting Minutes Page 1 of 2 April 13, 2023 Respectfully submitted,
Justin J. Martin, Deputy City Manager
City Council Special Meeting Minutes Page 2 of 2 April 13, 2023
LAGUNA NIGUEL CITY COUNCIL
Minutes of the Regular City Council Meeting
April 18, 2023
6:00 p.m. - Regular Meeting
CALL TO ORDER AND ROLL CALL - Mayor Jennings called the Regular City Council Meeting to order at 6:03 p.m.
Mayor Kelly Jennings - Present
Council Member Ray Gennawey- Present
Council Member Stephanie Oddo - Present
Council Member Sandy Rains - Present
CLOSED SESSION
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
There were no public comments.
RECESS TO CLOSED SESSION ITEM
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: Parcel 1 of LLA 14-01 (APN 636-043-11) and Parcel 2 of PM 2014-133 (APN 636-043-25)
City Negotiators: City Manager and City Attorney
Negotiating Parties - The Picerne Group
Under Negotiation - Price and Terms for Park and Trail Easement
2. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
City Designated Representative: Justin J. Martin, Deputy City Manager Employee Organization: Orange County Employees Association (OCEA) City Council conducted Closed Session.
Mayor Jennings called the regular meeting back to order at 7:21 p.m.
CLOSED SESSION REPORT
Interim City Attorney Ghirelli reported that there was no reportable action taken during closed session.
INVOCATION - Chaplain Serena Cummins, Orange County Sheriffs Department PLEDGE OF ALLEGIANCE - Boy Scout Troop #772
PRESENTATIONS
City Council Regular Meeting Minutes Page 1 of 14 April 18, 2023
1. Proclamation Declaring National Public Safety Telecommunication Week Mayor Jennings presented the proclamation to OCFA Division Chief Hunter. Chief Hunter expressed his gratitude and support for public safety telecommunicators and the work they do to enhance public safety.
2. Proclamation Acknowledging the Armenian Genocide
Council Member Oddo recognized Armenian Genocide Remembrance Day and expressed her solace for the tragedies that occurred during the Armenian Genocide.
Council Member Oddo discussed the importance of remembering the Armenian Genocide, so the tragedy does not go unforgotten. Mr. Garo Madenlian also provided comments on behalf of the Armenian community.
PUBLIC COMMENTS
There were no public comments.
CONSENT CALENDAR
Council Member Rains pulled Items No. 6 and No. 7 for comment.
A MOTION was made by Council Member Gennawey, seconded by Council Member Oddo, to approve the remainder of the Consent Calendar as presented.
Motion carried 4-0.
1. Warrants of April 18, 2023
Approved as written.
2. Payroll Summary Register
Approved as written.
3. Minutes of the Regular City Council Meeting on April 4, 2023 Approved as written.
4. Approval of Amendment No. 2 to Agreement for Professional Auditing Services with Davis Farr, LLP
Approved Amendment No. 2 to Agreement for Professional Auditing Services with Davis Farr, LLP, subject to the City Attorney making non-substantive changes, to provide auditing services for Fiscal Year ending June 30, 2023, for a total not to exceed amount of $46,586.
City Council Regular Meeting Minutes Page 2 of 14 April 18, 2023
5. Annual Holiday Closure Schedule for City Office Facilities and Services and Cancellation of the July 4, 2023, October 3, 2023 and January 2, 2024 Regular City Council Meetings
1. Approved the holiday closure schedule for City office facilities and services during July 2023 and December 2023; and,
2. Canceled the Regular City Council meetings scheduled for Tuesday, July 4, 2023, October 3, 2023, and January 2, 2024.
8. Second Reading and Adoption of Ordinance No. 2023-220, Amending Ordinance No. 91-45 to Establish the Prima Facie Speed Limit on Two Street Segments of Pacific Park Drive Between Alicia Parkway to La Paz Road and La Paz Road to the SR-73 Freeway Within the City
City Council conducted second reading, by title only, and adopted:
ORDINANCE NO. 2023-220
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
AMENDING ORDINANCE NO. 91-45 TO ESTABLISH THE PRIMA FACIE
SPEED LIMIT ON TWO STREET SEGMENTS OF PACIFIC PARK DRIVE
BETWEEN ALICIA PARKWAY TO LA PAZ ROAD AND LA PAZ ROAD TO THE SR-73 FREEWAY WITHIN THE CITY
9. Second Reading and Adoption of Ordinance No. 2023-221, Amending the Laguna Niguel Municipal Code Related to the Military Support Committee City Council conducted second reading, by title only, and adopted:
ORDINANCE NO. 2023-221
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
AMENDING THE LAGUNA NIGUEL MUNICIPAL CODE RELATED TO THE
MILITARY SUPPORT COMMITTEE, INCLUDING PROVISIONS ON THE ROLE
OF CITY COUNCIL LIAISONS, DESIGNATION AND SELECTION OF CHAIR
AND VICE-CHAIR, AND OTHER NON-SUBSTANTIVE REVISIONS AND
MAKING A FINDING OF EXEMPTION UNDER CEQA IN CONNECTION
THEREWITH
ITEMS PULLED FROM CONSENT CALENDAR
6. Award of Maintenance Services Agreement for Citywide Streets Maintenance Services with MCE Corporation
Council Member Rains asked Public Works Director Scott for clarification on whether this item is related to Zone 3 and Zone 4 of the slurry seal program or if it is for city street City Council Regular Meeting Minutes Page 3 of 14 April 18, 2023 maintenance. Public Works Director Scott stated that this item is for routine street maintenance that occurs throughout the City year round. Council Member Rains asked Public Works Director Scott about the 10% contingency for Citywide Street Maintenance Services and if any of the contingency funding is used for On-Call Professional Services Agreements (Consent Calendar Item 7). Public Works Director Scott stated that the Maintenance Services Agreement for Citywide Street Maintenance is separate from the On-Call Agreements. Council Member Rains asked Director Scott if the Citywide Street Maintenance Services Vendor also is conducting the inspections. Director Scott stated that during the vendor's normal course of operations, they will report any issues to the City that they notice..
A MOTION was made by Council Member Rains, seconded by Council Member Gennawey, to:
1. Approve the Maintenance Services Agreement for Citywide Streets Maintenance Services with MCE Corporation in the not-to-exceed amount of $2,518,209 per year for Fiscal Years 2023-24 through 2025-26, subject to extension administratively for two additional one-year periods;
2. Approve a 10% contingency of the total contract in the amount of $251,821 for unforeseen conditions or extra work and authorize the Public Works Director/City Engineer to approve additional work for a total not-to-exceed amount of $2,770,030 per year, if needed; and,
3. Authorize the City Manager to execute the agreement and future amendments to the Maintenance Services Agreement with MCE Corporation, subject to the City Attorney making non-substantive changes.
Motion carried 4-0.
7. Approval of Multi-Year Professional Services Agreements for On-Call Professional Services and Approval of Multi-Year Professional Services Agreement Amendments for On-Call Professional Services in Support of Public Works Department Functions
Council Member Rains inquired with Public Works Director Scott if it is customary for a City of the size of Laguna Niguel to have 46 On-Call vendors. Director Scott stated that each City utilizes a variety of On-Call vendors and is dependent on each City's service delivery method, of which Laguna Niguel is a contract city. Director Scott further clarified that On-Call vendors are a resource available for the City to utilize should a need arise for additional expertise that staff may not have to successful execute workplans. Director Scott further explained that if a need arises, an authorization is provided to the proceed with a specific scope of work.
Council Member Rains asked what the past practice has been for approving the previous contracts and if the City has anything in existence showing what contracts have been authorized and how the funds have been allocated from the list of On-Call vendors.
Council Member Rains added that the report stated that the City would be using the City Council Regular Meeting Minutes Page 4 of 14 April 18, 2023 purchasing policy to secure the on-call vendors. Council Member Rains asked what the purchasing policy was and how it has been utilized in the past. Director Scott explained the Laguna Niguel Municipal Code has a provision for On-Call Professional Services, which specifies the process, which references the purchasing policy. Director Scott then provided an overview of how the policy works.
Council Member Rains inquired why there was no fiscal impact provided in the staff report.
City Manager Letourneau provided an overview of the on-call process outlining how there is no direct fiscal impact of approving the initial on-call agreements, as there is no dollar value and no scope of work. City Manager Letourneau further stated that when a specific need arises Agreements less than $50,000 are within the City Manager's authority for approval, and Agreements larger than that require City Council approval, and that these are the purchasing policy rules that have been discussed by Director Scott. Council Member Rains asked if there was an accountability mechanism in place to account for previously executed contracts. City Manager Letourneau stated that the accountability mechanism comes into place through the annual auditing process. Finance Director Agrelius additionally stated that in addition to the external auditing process all contracts are reviewed by the Finance Department, the department of origin, through the City Manager's Office, as well as through the City's Purchasing Manager. City Manager Letourneau added that the Adopted City Budget provides an additional layer of control as the City cannot approve expenditures beyond the adopted budget.
Council Member Rains expressed her desire to see a sample history of how the On-Call agreement process is executed and the expenditures with each vendor. City Manager Letourneau stated that if the City Council provides direction staff will prepare a memorandum detailing the process.
Mayor Jennings stated that she felt that was unnecessary as the payment information is approved in every warrant register. Discussion ensued amongst the City Council.
Mayor Jennings stated that she believes the On-Call process works well, saving the City thousands of dollars and countless hours. Mayor Jennings stated that the process that staff goes through has the necessary check and balances and allows for efficiency.
Council Member Rains inquired at what point the City Council sees the next steps in the On-Call agreement process. Council Member Oddo stated that she is comfortable with this item because there is a limit to the dollar amount that each vendor can spend, and she is aware of the maximum approved expenditure. Council Member Rains stated that in the report there is no fiscal impact listed, but there is a fiscal impact once amendments to the On-Call agreements are approved
Council Member Gennawey stated that there is no fiscal impact in what the City Council is approving tonight because they are zero-dollar contracts. Council Member Gennawey confirmed with Director Scott that because we are a contract City, we are approving a list of vendors so that if Public Works needs assistance such as environmental program or construction management assistance, they have pre-approved companies that can do that work. He added that the City Council is not spending any money tonight. Director Scott added that the funding for On-Call agreements comes from the annual budgeting City Council Regular Meeting Minutes Page 5 of 14 April 18, 2023 process as developed by the staff work plan and that agreements do not exceed the adopted budget.
Council Member Rains clarified that her concern is not the On-Call vendor process, she reiterated that her concern is the expansion of On-Call vendors and wants to see that the expanded process is operating effectively and in a transparent manner. Council Member Gennawey stated that this conversation may be better suited for the Budget Study Session and added that he has no issue with this agenda item. Council Member Rains expressed her concern about expanding the On-Call vendor list and stated her desire to have a mechanism in place for the City Council to oversee the process.
Council Member Gennawey inquired with Director Scott if with the proposed not-to- exceed amounts are within the budget amount for the fiscal year. Director Scott stated that the City is within its contract limits and budgetary amounts.
A MOTION was made by Council Member Gennawey, seconded by Mayor Jennings, to:
1. Approve Multi-Year Professional Services Agreements for On-Call Professional Services, subject to extension administratively for two additional one-year periods, with the following firms (listed alphabetically):
• Advantec Consulting Engineers, Inc. • Interwest Consulting Group, Inc. • AET & Associates, Inc. Iteris, Inc.
• AGA Engineers, Inc. Jovenville LLC dba We The Creative Annealta Group • JPW Communications, Inc.
Anser Advisory Management LLC dba • Kimley-Horn and Associates, Inc.
Anser Advisory
• Apetrow Consulting, Inc. Leighton Consulting, Inc.
• Ardurra Group, Inc. Mark Thomas & Company, Inc.
BKF Engineers MOB Media, Inc.
Black, O'Dowd and Associates, Inc. • Nicholas Shawn Henry dba Drone Life dba BOA Architecture Aerials
• BrightView Ninyo & Moore Geotechnical &
Environmental Sciences Consultants
• C & C Engineering dba CNC • NUVIS
Engineering
• CEM Lab Corp. • NV5, Inc.
CSG Consultants, Inc. • Proactive Engineering Consultants," Onward Engineering • David Evans & Associates, Inc.
• David Volz Design Landscape • Psomas
Architects, Inc.
• Derek J. McGregor, Inc. dba DMc • RRM Design Group
Engineering
Dudek • Stantec Consulting Services, Inc.
• Eco/Nomics, Inc. which will do • Summers, Murphy & Partners, Inc. business in California as Ecal/Nomics,
City Council Regular Meeting Minutes Page 6 of 14 April 18, 2023 Inc.
• Fountainhead Consulting Corporation • SVA Architects, Inc. • Geocon West, Inc • W.G. Zimmerman Engineering, Inc.
• Glenn Lukos Associates, Inc. • Willdan Engineering
• GMU Geotechnical, Inc. • Wolfe Engineering and Design, Inc. • ICF Jones & Stokes, Inc. • WSP USA Environment &
Infrastructure, Inc.
* Italicized firms in the table above indicate a recommendation for award of a Multi-Year Amendments).
2. Approve Multi-Year Professional Services Agreement Amendments for On-Call Professional Services, subject to extension administratively for two additional one- year periods, shown in italics above.
3. Authorize the City Manager to execute the Multi-Year Professional Services Agreements and Multi-Year On-Call Professional Services Amendments, and future amendments to the agreements, subject to the City Attorney making non- substantive changes.
Motion carried 4-0.
DISCUSSION ITEMS
1. Sea Country Festival Carnival Vendor Agreement with "O" Entertainment and Resolution No. 2023-1424, adding the Sea Country Festival Policy to the City Council Policies and Procedures
Parks and Recreation Director Rivera provided a report on the Sea Country Festival Carnival Vendor Agreement with "O" Entertainment and the proposed Sea Country Festival Policy to be considered for addition to the City Council Policies and Procedures.
COUNCIL QUESTIONS
Council Member Oddo asked if political candidates are allowed to have a booth at the festival. Director Rivera stated that political candidates are allowed to have a booth but not allowed to sponsor the event under the proposed policy. Council Member Oddo asked what cost-level political candidates would fall under in the proposed policy. Interim City Attorney Ghirelli added that staff will take direction from the City Council. He clarified that as written, the policy limits community booths to non-profit organizations and businesses headquartered in Laguna Niguel. Council Member Oddo expressed her desire to permit political candidates to have a booth at the festival as it provides an opportunity for members of the community to get to know candidates.
Council Member Gennawey asked Deputy City Manager Martin if the City had a City Council Policy for any other event in the City. Deputy City Manager Martin stated that there are no event specific policies but there is a parks and recreation section, which discusses facility use. Council Member Gennawey asked Deputy City Manager Martin if he felt there was a need to have a council policy for this event. Deputy City Manager City Council Regular Meeting Minutes Page 7 of 14 April 18, 2023 Martin stated that this is a policy decision for the City Council to make and that the item was brought forward as a request from the City Council. Council Member Gennawey asked Deputy City Manager Martin if there was a City Council Policy in place last year when the Sea Country Festival was held. Deputy City Manager Martin stated that there was no City Council Policy in place.
Council Member Rains inquired if the Holiday Parade Policy was a City Council Policy.
Director Rivera stated that there is no City Council Policy related to that event, and that the Holiday Parade rules and policies that exist are administrative in nature, through the Parks and Recreation Department.
COUNCIL COMMENTS
Council Member Gennawey stated that he is in favor of the three-year contract as it saves money and provides continuity for the event. Council Member Gennawey stated that he has issues with the proposed City Council Policy, stating that the policy is too vague in areas where there needs to be clarity and too specific in areas where there needs to be flexibility. He added that there are terms in the policy that are undefined and unenforceable. Council Member Gennawey stated that if the City Council desires to have a policy, he recommends sending it back to the Sea Country Festival Ad Hoc Committee.
Deputy City Manager Martin stated that the Sea Country Festival Ad Hoc Committee was disbanded by the Council at a previous meeting. Interim City Attorney Ghirelli added that the way the agenda item was agenized it would be appropriate to form an Ad Hoc Committee to review the policy and provide recommendations back to the entire City Council, if the City Council so desired. Council Member Gennawey stated that he was in favor of forming such an Ad Hoc Committee.
Council Member Oddo stated that she agrees with Council Member Gennawey but would be in favor of getting rid of the proposed City Council Policy all together. She added that revising the policy would take a large amount of time and resources to revise for just one event. Council Member Oddo stated that she believes this process can be entrusted with City Staff.
Council Member Rains asked Director Rivera if the Parks and Recreation Commission discussed this issue. Director Rivera stated that it was City Council direction to bring back a Sea Country Festival Policy. Council Member Rains asked if the Parks and Recreation Commission discussed the Sea Country Festival Policy during commission comments.
Director Rivera stated that some members inquired during a Parks and Recreation Commission meeting if staff had an update on the policy. Council Member Rains stated that it was her belief the policy was initiated to streamline the process and build out volunteer opportunities, and that she was comfortable not having a policy.
Council Member Gennawey stated that he entrusts staff to handle the Sea Country Festival without a Sea Country Festival Policy in place.
A MOTION was made by Council Member Gennawey, and seconded by Council Member Rains, to:
City Council Regular Meeting Minutes Page 8 of 14 April 18, 2023 Approve the three-year Vendor Agreement with the "O Entertainment" carnival company.
The City Council took no further action on the Sea Country Festival policy.
Motion carried 4-0.
PUBLIC HEARING
1. Public Hearing to Consider the Draft Community Development Block Grant (CDBG) Annual Action Plan for Fiscal Year 2023-2024 and a Proposed Amendment to the 2020-2024 Consolidated Plan
Community Development Block Grant Consultant Mike Linares provided a report on the Draft Community Development Block Grant (CDBG) Annual Action Plan for Fiscal Year 2023-2024 and a Proposed Amendment to the 2020-2024 Consolidated Plan.
COUNCIL COMMENTS
Mayor Jennings opened the Public Hearing to take testimony.
Mayor Jennings Closed the Public Hearing.
Mayor Jennings expressed her appreciation for all the wonderful partnerships that the ity has with organizations assisting so many people in need of an extra dose of car nd compassion. Mayor Jennings added that through the Community Development Bloc Grant process the City can support so many of these entities and the work they do. Mayor Jennings stated that the new Laguna Niguel Cares Campaign will be launching next month where the City will recognize some of these groups for doing excellent work in Laguna Niguel.
A MOTION was made by Council Member Rains, seconded by Council Member Gennawey, to:
1. Direct that the Annual Action Plan Fiscal Year 2023-2024, with any changes, be placed on the May 2, 2023, City Council Agenda for final approval;
2. Direct staff to submit the Amended 2020-2024 Consolidated Plan to the U.S.
Department of Housing and Urban Development (HUD).
Motion carried 4-0.
2. Public Hearing to Consider the Appeal of the Planning Commission's Denial of Variance VA 22-01 (30292 Grande Vista - Wallentine Residence), a Deviation Request From the Minimum Setback and Driveway Length Standards for an Unpermitted As-built Garage.
City Council Regular Meeting Minutes Page 9 of 14 April 18, 2023 Senior Planner Crockett provided a report on the public hearing item to Consider the Appeal of the Planning Commission's Denial of Variance VA 22-01 (30292 Grande Vista - Wallentine Residence), a Deviation Request From the Minimum Setback and Driveway Length Standards for an Unpermitted As-built Garage.
COUNCIL QUESTIONS
Council Member Gennawey clarified with Senior Planner Crockett that the garage structure was built prior to the appellant seeking a variance. Senior Planner Crockett stated that it is unclear whether it was fully completed, she added that it was in the constructed state shown during the presentation. Council Member Gennawey clarified that any Americans with Disabilities Act accommodations are a separate process then the variance process. Senior Planner Crockett stated that Council Member Gennawey was correct.
Council Member Rains stated that the issue arose following a complaint by a resident while the garage was under construction. Council Member Rains asked when the variance request was made. Senior Planner Crockett stated that the Code Enforcement case was opened on September 1, 2021, and the variance was applied for in June 2022.
APPELLANT COMMENTS
Community Development Director Orduna stated that the applicant is not present.
COUNCIL COMMENTS
Mayor Jennings Opened the Public Hearing to take testimony.
Mayor Jennings Closed the Public Hearing.
Council Member Rains asked Interim City Attorney Ghirelli if the City is open for any potential liability by denying the variance approved by the Planning Commission. Interim City Attorney Ghirelli stated that filing a lawsuit can occur regardless of the City Council's decision, but that one can argue that by forgoing the opportunity to appear tonight, the appellant [Mr. Wallentine] would arguably have not exhausted all his administrative remedies which is a condition of challenging an administrative decision by the City Council. Council Member Rains inquired with Interim City Attorney Ghirelli if by adopting this item the appellant would be required to remove the structure. Interim City Attorney Ghirelli stated that without a variance it is dependent on the code enforcement process.
He added that the City has several remedies to compel compliance should the appellant not comply.
Council Member Gennawey asked Senior Planner Crockett if the applicant had indicated to staff that he would not be attending tonight. Senior Planner Crockett stated that she reminded the appellant last week and again this week and was never informed by the appellant that he would not be appearing. Council Member Gennawey confirmed with Senior Planner Crockett that Mr. Wallentine was aware of the hearing date. Senior Planner Crockett confirmed that Mr. Wallentine was aware of the hearing date.
City Council Regular Meeting Minutes Page 10 of 14 April 18, 2023 Mayor Jennings stated that the proposed structure did not comply with the City's standards and while she is a strong proponent of property rights, she agrees with the Planning Commission in this instance of denying the variance.
Council Member Gennawey stated that the variance is not in compliance with the City's Zoning Code. He stated that the zoning code provides specific requirements for granting a variance and outlined the noncompliance issues with the appellants application for a variance. Council Member Gennawey outlined that the structure did not meet the requirements to receive a variance as the property did not qualify for any special circumstances, deprive the property owner of property rights possessed by other properties in the same vicinity, and that a special privilege would be granted by granting the variance. Council Member Gennawey stated that residents should proactively work with the City when building structures on their property. Council Member Gennawey expressed his frustration that we are at this point in the process where the structure has already been built and the appellant has requested a variance where the minimum setback requirement is 17-feet, and the structure is only 4-feet from the property line.
Council Member Gennawey stated his intent to affirm the Planning Commission's decision.
Council Member Oddo stated that she agrees with her colleagues and that the applicant was informed several times throughout the construction process that the structure was out of compliance yet continued to be built. Council Member Oddo stated that there are no special circumstances related to this application, that the Planning Commission voted appropriately, and the precedent that would be set by approving the variance for the structure, which is out of compliance with the minimum setback, is a dangerous one.
Council Member Oddo stated that the appellants justification for the structure is to increase accessibility to the property for a disabled parent but the disabled parent lives across the street. Council Member Oddo stated her intent to uphold the Planning Commission's decision.
Council Member Rains expressed her frustration for the appellant not attending the public hearing.
Mayor Jennings stated that she is a strong supporter of property rights and protecting residents' interests in their homes. Mayor Jennings stated that the applicant chose not to apply for a permit as the structure in question was never in compliance from the beginning. Mayor Jennings stated that despite the notice of violation from Code Enforcement, the applicant continued to build this unpermitted garage in violation of City standards. Mayor Jennings stated that Laguna Niguel has never been an act first and ask for forgiveness later City.
A MOTION was made by Mayor Jennings, seconded by Council Member Gennawey to:
Adopt Resolution No. 2023-1425, denying the appeal and upholding the Planning Commission's decision to deny Variance VA22-01 (30292 Grande Vista - Wallentine Residence).
City Council Regular Meeting Minutes Page 11 of 14 April 18, 2023 Motion carried 4-0.
CITY COUNCIL
1. Selection of New Mayor Pro Tem
Council Member Gennawey stated that there are only two eligible people to fill the position of Mayor Pro Tem, himselt, and Council Member Oddo, both having served the same amount of time on the City Council. Council Member Gennawey stated that since Council Member Oddo received more votes than he did in the last election, that Council Oddo should be Mayor Pro Tem.
Council Member Gennawey nominated Council member Oddo to serve as Mayor Pro Tem. There were no additional nominations for Mayor Pro Tem.
A MOTION was made by Council Member Gennawey, seconded by Mayor Jennings, to:
Appoint Council Member Oddo as Mayor Pro Tem.
Motion carried 3-0-1, with Council Member Rains abstaining.
2. Consideration of Options to Fill City Council Member Vacancy by Appointment or Special Election
Interim City Attorney Nicholas Ghirelli provided a report on options to fill the City Council Member vacancy.
COUNCIL COMMENTS
Council Member Gennawey stated that this is the fourth time in the City's history that there has been a vacancy on the City Council, occurring in 1996, 2016, 2017, and now 2023. Council Member Gennawey stated that each time before the City Council has opted to appoint a new City Council Member. He stated that he agrees with the proposed schedule and believes that the City will receive a pool of highly qualified candidates who can do the job as a City Council Member. Council Member Gennawey stated that if the City chooses to conduct a special election the City Council would have a vacancy for seven months betore a special election could occur and at a minimum cost of $100,000.
Mayor Pro Tem Oddo stated her agreement with Council Member Gennawey's comments, adding that it has been the history of the City to appoint a City Council member when a vacancy arises.
Mayor Jennings stated her concurrence with Council Member Gennawey and Mayor Pro Tem Oddo.
A MOTION was made by Council Member Gennawey, seconded by Mayor Pro Tem Oddo, to:
City Council Regular Meeting Minutes Page 12 of 14 April 18, 2023 Direct staff to conduct an application process for filling the vacancy on the City Council.
Motion carried 4-0.
OTHER BUSINESS/COUNCIL REPORTS
1. Council Reports
Council Member Rains discussed her attendance at the Southern California Association of Governments meeting where she learned about the concept of a 15-minute City. She added that she requested additional information from the presenter as the presentation failed to include Cities with topography similar to Laguna Niguel's. She added that this concept is a new direction Sacramento is going in and that at her meeting the Southern California Association of Governments decided to move from a watch position to an oppose position for Assembly Bill 1335, requesting the City to oppose the bill as well.
Council Member Gennawey discussed the recent Fighting Back Fentanyl event that he hosted at the Crown Valley Community Center. Council Member Gennawey added that he is looking forward to the Niguel Botanical Preserve Earth Day event on April 22 and invited everyone to attend. Council Member Gennawey expressed his excitement to attend the Taste of Aliso Niguel event on the evening of April 22 and looks forward to seeing others in attendance.
Mayor Pro Tem Oddo expressed her gratitude for being appointed Mayor Pro Tem. Mayor Pro Tem Oddo added that it is not lost on her that the City recognized the Armenian Genocide at the tonight's meeting and that her great grandmother would be proud. Mayor Pro Tem Oddo stated that she would be in attendance at the Earth Day event at the Niguel Botanical Preserve and invited everyone to attend.
Mayor Jennings discussed the recent Jr. Civic Workshop graduation and thanked her colleagues for attending. Mayor Jennings expressed her appreciation for Council Member Gennawey for hosting the Fighting Back Fentanyl event, stating that this is a topic that needs to continue to be discussed. Mayor Jennings expressed her gratitude to City staff for hosting the Summer Job Fair adding that the event was well-run, efficient, and successful.
City Manager/Department Reports
Deputy City Manager Martin discussed the upcoming CR&R residential customer cart exchange, May 1 - August 31. Deputy City Manager Martin stated that as a result of State Senate Bill 1383 Regulations the City is required to conform with the state-mandated color scheme of black for solid waste, blue for recyclable materials and green for organic waste.
In addition, the franchise agreement between the City and CR&R requires that the average age of all deployed carts in the City is five years or less. Deputy City Manager Martin added that CR&R Environmental Services will contact each residence on the Friday before and the day before their scheduled collection day and that carts will be exchanged with the one's CR&R has on file for each account at no additional cost. Deputy City Council Regular Meeting Minutes Page 13 of 14 April 18, 2023 City Manager Martin encouraged residents to visit the City website and follow the City's social media for frequent updates.
ADJOURNMENT
Mayor Jennings adjourned the Regular City Council Meeting at 8:54 p.m.
Respectfully submitted,
Marissa J. Asistin, CMC, City Clerk
City Council Regular Meeting Minutes Page 14 of 14 April 18, 2023