LAGUNA NIGUEL CITY COUNCIL
Minutes of the Regular City Council Meeting
May 2, 2023
7:00 p.m. - Regular Meeting
CALL TO ORDER AND ROLL CALL - Mayor Jennings called the Regular City Council Meeting to order at 7:00 p.m.
Mayor Kelly Jennings - Present
Mayor Pro Tem Stephanie Oddo - Present
Council Member Ray Gennawey- Present
Council Member Sandy Rains - Present
INVOCATION - Jan Sherertz, First Church of Christ Scientists PLEDGE OF ALLEGIANCE - Brownie & Junior Girl Scout Troop #6484
PRESENTATIONS
1. Proclamation Declaring May as Mental Health Awareness Month Mayor Jennings presented the proclamation to Sergeant Arciniega from the Orange County Sheriffs Department Behavioral Health Bureau. Sergeant Arciniega expressed his gratitude and support for public mental health awareness and shared that the Orange County Sheriff's Department is committed to keeping the community safe and providing mental health services to those in need.
PUBLIC COMMENTS
Paul Kirch spoke in regard to access to the south end of Long View Trail.
CONSENT CALENDAR
Council Member Rains pulled Item No. 5 for comment.
A MOTION was made by Council Member Gennawey, seconded by Mayor Pro Tem Oddo, to approve the remainder of the Consent Calendar as presented.
Motion carried 4-0.
1. Warrants of May 2, 2023
Approved as written.
2. Payroll Summary Register
Approved as written.
City Council Regular Meeting Minutes Page 1 of 8 May 2, 2023
3. Investment Report as of March 31, 2023
Approved as written.
4. Minutes of the Special City Council Meeting on April 13, 2023, and Minutes of the Regular City Council Meeting on April 18, 2023
Approved as written.
6. Approval of Amendment No. 3 to the Professional Services Agreement with GMU Geotechnical, Inc. to Provide On-Call Geotechnical Consulting Services
1. Approved Amendment No. 3 to the Professional Services Agreement with GMU Geotechnical, Inc. to provide on-call geotechnical consulting services on an as- needed basis in an annual amount not to exceed $300,000 through June 30, 2025; and,
2. Authorized the City Manager to execute Amendment No. 3 to the Professional Services Agreement between the City and GMU Geotechnical, Inc., subject to the City Attorney making non-substantive changes.
7. Authorization of Phase | Funding and Approval of Budget Adjustment for Outdoor Wi-Fi Project
Approved a FY 2022-2023 budget adjustment by appropriating $170,000 for Phase 1 of the Crown Valley Park Outdoor Wi-Fi Project and authorized the allocation of $170,000 from American Rescue Plan Act (ARPA) funds.
8. Adoption of the Final Community Development Block Grant (CDBG) Annual Action Plan for Fiscal Year 2023-2024
1. Adopted the Final CDBG Annual Action Plan for Fiscal Year 2023-2024; and,
2. Authorized the City Manager to execute the Agreements and future amendments of identified grant recipients, subject to the City Attorney making non-substantive changes.
ITEMS PULLED FROM CONSENT CALENDAR
5. Award of Contract for City Attorney Legal Services
Council Member Rains expressed her concern with the proposed contract as written.
Council Member Rains inquired with Interim City Attorney Ghirelli about possible conflicts of interest as the proposed firm represents contiguous cities as well as Moulton Niguel Water District. Council Member Rains discussed a lack of provisions for disclosure of potential conflicts of interest in the contract. Council Member Rains inquired if permission was obtained from the other cities as per the rules of professional conduct for attorneys Section 1.7-1.9 of the California Code. Council Member Rains stated that she believes City Council Regular Meeting Minutes Page 2 of 8 May 2, 2023 the firm is a great firm, and her reason for concern lies in perceived conflicts of interest.
Council Member Rains stated that as currently constructed, she does not feel comfortable approving the contract as written.
Interim City Attorney Ghirelli stated that the provisions are not in the contract and added that the City and City Council has the ability to address those issues when and if a conflict of interest under State Bar Rule 1.7 were to arise. Interim City Attorney Ghirelli further clarified that if a conflict of interest were to arise, the proposed City Attorney's Law Firm would have to obtain Informed Written Consent from the City of Laguna Niguel and neighboring client cities and special districts to represent both or either of those clients.
Interim City Attorney Ghirelli added that the City Council, at that point, can determine if they want to provide written and informed consent and under what terms to provide that written and informed consent if some form of monetary compensation needs to be addressed as part of the process. Interim City Attorney Ghirelli concluded that on a case- by-case basis, the City and City Council does have the ability to address a conflict-of- interest issue, and with respect to if other clients have provided any prospective waiver, he would defer to the proposed City Attorney.
Mayor Pro Tem Oddo expressed her support for the execution of the Legal Services Agreement with Best Best & Krieger. Mayor Pro Tem Oddo stated that with this vote and her colleagues' support, the City of Laguna Niguel will have quality, experienced, and stable, not an interim, legal representation to take on the legal challenges the City faces.
Mayor Pro Tem Oddo added that the City needs a City Attorney with an experienced track record in Orange County municipal government. No other applicants had the depths of experience in municipal law than Scott Smith and his team. Mayor Pro Tem Oddo added that we need a team that can outline our liabilities quickly before us, and Scott Smith and his team have that. She added that during the interview process, it was glaringly obvious that this team is the brightest and best of the teams that were interviewed, and Laguna Niguel deserves that. Mayor Pro Tem Oddo stated the reason the City of Aliso Viejo has had Best Best & Krieger since incorporation is because of their team's performance. She also addressed the matter of conflict of interests and stated that Best Best & Krieger would be required to notify the City of potential conflicts of interests, and the City Council would have the final say on who would represent the City if there would be a conflict of interest.
Council Member Gennawey shared his support of the execution of the Legal Services Agreement with Best Best & Krieger. Council Member Gennawey added that if a potential conflict of interest were to arise, the City Council has the ability to address that issue at that time. Council Member Gennawey stated that the concern for him when hiring a City Attorney is experience. He added that there is no substitute for experience, and the team that the City is getting with Best Best & Krieger has decades of experience. Council Member Gennawey expressed his excitement for hiring Best Best & Krieger to represent Laguna Niguel.
Mayor Jennings expressed her support for the recommended action and stated that the City is getting competent legal advice from a very strong attorney and legal firm. Mayor Jennings stated that the concerns with potential conflicts of interests were discussed and addressed.
City Council Regular Meeting Minutes Page 3 of 8 May 2, 2023 A MOTION was made by Mayor Pro Tem Oddo, seconded by Council Member Gennawey, to: Approve and execute the Legal Services Agreement with Best Best & Krieger, LLP.
Motion carried 3-1, with Council Member Rains voting No.
DISCUSSION ITEMS
1. Ending the Proclaimed Coastal Fire Emergency
City Manager Letourneau provided a report on the ending of the proclaimed Coastal Fire Emergency.
President of the Coronado Pointe Homeowner's Association, Ramin Yazdi, expressed his gratitude for all the support from City Staff, the Orange County Sheriffs Department, and the Orange County Fire Authority during the Coastal Fire. Mr. Yazdi shared his support for the Resolution terminating the local emergency in connection with the Coastal Fire.
COUNCIL QUESTIONS
Council Member Rains asked for clarification if ending the Proclaimed Coastal Fire Emergency would affect residents' ability to continue to apply for any resources or funding for rebuilding. City Manager Letourneau confirmed that ending the Proclaimed Coastal Fire Emergency would not affect residents' ability to apply for/receive resources or funding.
PUBLIC COMMENTS
Mayor Jennings opened the Public Comment period. There were no Public Comments.
Mayor Jennings closed the Public Comment period.
A MOTION was made by Council Member Rains, and seconded by Mayor Pro Tem Oddo, Adopt Resolution No. 2023-1424, terminating the local emergency in connection with the Coastal Fire and amend the Fiscal Year 2022-2023 Operating Budget, appropriating $113,552.74 for the General Fund Reserve for Financial and Economic Uncertainty to the General Fund Contingency.
Motion carried 4-0.
Mayor Jennings thanked staff for their work and for the Emergency Operations Center being set up fast during the Coastal Fire.
City Council Regular Meeting Minutes Page 4 of 8 May 2, 2023
PUBLIC HEARING
1. Consideration of Resolution No. 2023-1426 to Adopt the Aquatics Facility Use Policy and the Revised Aquatics Facility Use Fee Schedule; and Make a Finding of Exemption under CEQA
Parks and Recreation Director Rivera provided a report on the Aquatics Facility Use Policy and the revised Aquatics Facility Use Fee Schedule.
Mayor Jennings opened the Public Hearing.
Charles Leibold, Barbara Leibold, and Chuck Homer shared their support of the proposed policy.
Curt Wilson discussed his opposition to the proposed policy as written.
Mayor Jennings closed the Public Hearing.
COUNCIL COMMENTS
In response to inquiry by Council Member Gennawey, Parks and Recreation Director Rivera confirmed that the evening pool hours are from 4 to 8 p.m.; The Dive Team currently has use of the pool from 4 to 7:15 pm; and lap swim has use of the pool from 7:15 to 8:15 p.m. Parks and Recreation Director Rivera added that the proposed policy would allow the Dive Team to have use of the pool from 4 to 7 p.m. and lap swim from 7 to 8 p.m. Council Member Gennawey inquired about the history of the Dive Team's hours of pool use. Parks and Recreation Director Rivera shared that pre-pandemic, the Dive Team had more hours of pool use due to school ending earlier, and post-pandemic, with schools ending later, the start time was moved to 4 p.m. Parks and Recreation Director Rivera discussed additional history and constraints which have led to the current pool use hours.
Parks and Recreation Director Rivera confirmed for Council Member Rains that the Dive Team historically had longer hours of pool use, from 3 p.m. to 7 p.m., prior to the pandemic. Council Member Rains stated that the compromise between the Dive Team and lap swim was to have lap swim from 7:15 pm to 8:15 pm. In response to Council Member Rains, Parks and Recreation Director Rivera stated that there are opportunities for coexistence but would eliminate the opportunity for the expansion of lap swim time.
Parks and Recreation Director discussed additional history about the lap swim program.
Discussion ensued about the size of the lap swim program throughout the year. Council Member Rains inquired if the proposed policy would allow for adjustment of pool use hours during different seasons based on pool use by the lap swim program, as suggested by Dive Team representative Curt Wilson. Parks and Recreation Director stated that this would need to be done through a policy change, adding that the proposed policy gives pool use time to youth programs from 4 to 7 pm and adult programs from 7 to 8 pm. Parks and Recreation Director Rivera further added that during the summer, youth programs have additional hours of 9 am to 12 pm available to them.
City Council Regular Meeting Minutes Page 5 of 8 May 2, 2023 Council Member Rains proposed amending the updated policy by adding the possibility of giving additional time to youth programs when attendance in the lap swim program decreases if it does not affect lap swim in the community.
Council Member Gennawey discussed his concern with amending the policy and shared his support for the proposed policy. He expressed that the policy clearly outlines pool use and provides clarity for all.
Mayor Pro Tem Oddo shared her support for the policy as written and discussed prioritizing youth and adult programs equally.
Mayor Jennings shared her support for the policy and inquired about the roster from the Dive Team. Parks and Recreation Director Rivera stated that rosters are not currently required for pool use; however the proposed policy would require rosters moving forward.
A MOTION was made by Council Member Gennawey, seconded by Mayor Pro Tem Oddo, to:
1. Adopt Resolution No. 2023-1426 to Adopt the Aquatics Facility Use Policy and the Aquatics Facility Use Fee Schedule; and
2. Make a Finding of Exemption under CEQA.
Motion carried 4-0.
CITY COUNCIL
1. Consideration and Selection of Applicants to Interview to Fill City Council Vacancy by Appointment
Interim City Attorney Nicholas Ghirelli provided a report on options to fill the City Council Member vacancy.
COUNCIL QUESTIONS
Council Member Gennawey inquired about the interview process, comparing it to the process for interviewing applicants for City Commissions and Committees. City Manager Letourneau confirmed that the interview time and process would be similar to the City Commissions and Committees interview process.
PUBLIC COMMENTS
Mayor Jennings opened the Public Comment period. There were no Public Comments.
Mayor Jennings closed the Public Comment period.
City Council Regular Meeting Minutes Page 6 of 8 May 2, 2023
COUNCIL COMMENTS
Council Member Gennawey thanked all applicants and shared his support in interviewing all applicants. He added that if someone takes the time to step forward and apply to be a City Council Member, then they should at least have a chance to state their case.
Mayor Jennings proposed interviewing candidates Brian Fisk, Stephanie Winstead, Foster "Gene" Johns, and John Greer.
Council Member Rains stated her concurrence with Council Member Gennawey, with the exception of one candidate who does not have a permanent residence.
Mayor Pro Tem Oddo stated her concurrence with Council Member Gennawey to interview all applicants.
A MOTION was made by Council Member Gennawey, seconded by Council Member Rains, to:
Interview all nine applicants during a Special City Council Meeting on May 10, 2023, to fill the City Council vacancy by appointment.
Motion carried 4-0.
OTHER BUSINESS/COUNCIL REPORTS
1. Council Reports
Council Member Gennawey discussed severalevents that took place in the month of April in the City of Laguna Niguel. Council Member Gennawey also expressed his appreciation for all the work that had been done by staff and the City Council.
Mayor Pro Tem Oddo discussed and acknowledged Asian American and Pacific Islander Month, which runs through the month of May. She provided an update on her meeting with the Transportation Corridor Agency (TCA) and the success of the Bond buy-back program. Mayor Pro Tem Oddo added that Congressman Mike Levin submitted a $7 million appropriation to Congress for the City's Crown Valley Parkway Mobility project.
Mayor Jennings discussed the recent Car Show event that was put on by the Youth Committee and thanked the Parks and Recreation Department for their work. Mayor Jennings expressed her gratitude to her husband on the occasion of their anniversary and shared gratitude to all the spouses of City Council members.
2. City Manager/Department Reports
Parks and Recreation Director Rivera shared that there will be seven concerts for the upcoming 2023 Summer Concert Series at Crown Valley Park, starting in June and ending in September.
City Council Regular Meeting Minutes Page 7 of 8 May 2, 2023 Parks and Recreation Director Rivera also discussed the Sea Country Festival Community Booth Interest meeting scheduled to take place on May 3rd, and the return of the Jurassic Trails and Tales event on May 19th - May 21st at Crown Valley Park.
ADJOURNMENT
Mayor Jennings adjourned the Regular City Council Meeting at 8:06 p.m.
Respectfully submitted,
Marissa J. Asistin, CMC, City Clerk
City Council Regular Meeting Minutes Page 8 of 8 May 2, 2023