LAGUNA NIGUEL CITY COUNCIL
Minutes of the Special City Council Meetings
May 10, 2023 - 5:00 p.m.
CALL TO ORDER - Mayor Jennings called the Special City Council meeting to order at 5:05 p.m.
Mayor Jennings shared a statement that at approximately 4:30 p.m. the City received a resignation from Council Member Sandy Rains, effective immediately. Mayor Jennings stated that because of Brown Act requirements, the City Council will only be making one appointment this evening. Additionally, Mayor Jennings stated that this new vacancy will be added to the May 16, 2023 City Council meeting agenda for discussion on how to fill the vacancy.
ROLL CALL
Mayor Kelly Jennings - Present
Mayor Pro Tem Stephanie Oddo - Present
Council Member Ray Gennawey - Present
PLEDGE OF ALLEGIANCE - Mayor Pro Tem Oddo
PUBLIC COMMUNICATIONS
There were no public comments.
ITEM PULLED FROM THE CONSENT CALENDAR
1. Adoption of Resolution No. 2023-1427, Ratifying the Director of Emergency Services' Proclamation of the Existence of a Local Emergency in Connection with Recent Earth Movement Under La Paz Road Public Works Director Jack Scott provided a report sharing that La Paz Road has had a southbound lane closed for well over a year since the roadway is in an unusable condition to motorists, cyclists, or pedestrians. Public Works Director Scott stated that the City hired a geotechnical and engineering firm that completed an examination of the roadway failures over the past year and a half and reported that the cause of the surface distortions that necessitated the closure is an ancient landslide within the slope in the county park and impacting the city's roadway. Public Works Director Scott also shared that the Public Works Department is initiating a grant application to FEMA to fund the necessary repairs of the roadway. Public Works Director Scott indicated that the process for total repair of La Paz Road is anticipated to take a minimum of three years and up to five years to fully fund and complete.
City Council Special Minutes Page 1 of 3 May 10, 2023
In conclusion, Public Works Director Scott shared that an interim roadway alternative that will put two-way traffic on the east side of the median serving both northbound and southbound traffic is currently in design with construction expected to start by June or July 2023. This interim condition will stay in place until the final repair and remediation is under construction. It is expected that during the interim condition construction phase, a full road closure may be necessary for 2-3 weeks to facilitate installation of barricades and median modifications to safely handle two way traffic on the east side of the landscape median. Substantial modifications to the median are required and utility relocations are necessary to complete the interim condition. The City continues to monitor La Paz road for any further deterioration and the road is being inspected on a regular basis by a geotechnical engineer. Staff expressed the City's commitment to safety, minimizing resident inconveniences, and communicating updates to the City Council and the public each step of the way.
A MOTION was made by Council Member Gennawey, seconded by Mayor Pro Tem Oddo, to:
Adopt Resolution No. 2023-1427, ratifying the Director of Emergency Services' proclamation of the existence of a local emergency due to the recent earth movement under La Paz Road under Government Code Section 8630 and Division 15 of Title 11 of the Laguna Niguel Municipal Code ("Emergency Preparedness") Motion carried 3-0.
CITY COUNCIL
1. Conduct Interviews to Fill the City Council Vacancy, Unless Otherwise Specified.
The City Council conducted interviews for the following applicants:
City Council Candidates (1 vacancy):
1. Johns, Foster "Gene" 5:10 p.m.
2. Zueck, Anthony 5:20 p.m.
Greer, John 5:30 p.m.
4. Frink, Cheryl 5:40 p.m.
Huls, John Michael 5:50 p.m.
6. Cogan, Jeremy 6:00 p.m.
7. Owen, Jim 6:10 p.m.
8. Winstead, Stephanie 6:20 p.m.
Following the conclusion of the interviews, the City Council took a brief recess at 6:22 p.m. and reconvened at 6:30 p.m.
City Council Special Minutes Page 2 of 3 May 10, 2023
2. Discussion and Appointment of New City Council Member to Fill Vacancy.
The City Council thanked all who participated in the process and for their willingness to serve the community.
Council Member Gennawey expressed his support for the appointment of Stephanie Winstead.
Mayor Pro Tem Oddo also expressed her support for the appointment of Stephanie Winstead.
A mo, tooN was made by Council Member Gennawey, seconded by Mayor Pro Tem Appoint Stephanie Winstead to serve on the City Council, to fill the existing vacancy.
Motion carried 3-0.
Mayor Jennings thanked her colleagues for the discussion and all the applicants for their willingness to serve the City of Laguna Niguel.
Mayor Jennings congratulated Stephanie Winstead for being appointed to serve on the City Council and announced that the formal oath of office will take place at the regular City Council meeting scheduled for May 16, 2023.
ADJOURNMENT
Mayor Jennings adjourned the meeting at 6:35 p.m.
Respectfully submitted,
Marissa J. Asistin, CMC, City Clerk
City Council Special Minutes Page 3 of 3 May 10,2023
LAGUNA NIGUEL CITY COUNCIL
Minutes of the Regular City Council Meeting
May 16, 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
INVOCATION - Ramin G. Yazdi, Baha'i Community of Laguna Niguel PLEDGE OF ALLEGIANCE - Boy Scout Troop 772
PRESENTATIONS
1. Presentation Recognizing Eagle Scouts
Council Member Gennawey presented certificates of recognition to Matthew Reagan, Nicholas Roess, Jacob Roess, and James Landrigan for receiving the Eagle Scout rank, for their accomplishments • contributions to the Community and Boy Scouts organization.
2. Proclamation Declaring May as National Poppy Month
Mayor Jennings presented a proclamation declaring May 26, 2023 as "National Poppy Day" to Martha McNicholas President of the American Legion Auxiliary Unit 281. She thanked Ms. McNicholas, and Auxiliary Unit 281 on behalf of the City Council, for the ongoing commitment to military members and their families.
3. Annual Report and Certificate of Recognition by OCHR Council Mr. Agit Thind, Board of Directors Representative for the Orange County Human Relations (OCHR) Council provided a report on the work done by the non-profit organization in the City of Laguna Niguel and awarded Mayor Jennings on behalf of the City of Laguna Niguel with a Certificate of Recognition.
PUBLIC COMMENTS
There were no public comments.
CITY COUNCIL PRESENTATIONS
1. Administration of Oath of New City Council Member
City Council Regular Meeting Minutes Page 1 of 13 May 16, 2023 City Clerk Asistin administered the Oath of Office to Council Member Stephanie Winstead.
2. Comments by Newly Appointed Council Member
Council Member Winstead expressed her gratitude for the opportunity to serve and thanked Mayor Jennings, Mayor Pro Tem Odoo, and Council Member Gennawey for appointing her to the City Council. She expressed her gratitude for the trust that the members of the City Council have placed on her. She thanked her family, parents, and friends for their support. She asked the residents of Laguna Niguel for their acceptance and understanding that although she was not elected to the City Council, she will continue working to make the community and world a better place for each resident and for their children.
CONSENT CALENDAR
Consent calendar Items No. 3, 5, 6, 7, and 9 were pulled from the consent calendar.
Mayor Jennings Opened Public Comments.
Cheryl Frink shared her support for the City's Legislative Advocacy Efforts.
Cheryl Frink spoke on and inquired about extending the resurfacing program to nearby streets from Phase II.
Mayor Jennings Closed the Public Comments.
A MOTION was made by Mayor Pro Tem Oddo, seconded by Council Member Gennawey, to approve the remainder of the Consent Calendar as presented.
Motion carried 4-0.
1. Warrants of May 16, 2023
Approved as written.
2. Payroll Summary Register
Approved as written.
4. Update on the City's Legislative Advocacy Efforts
Received and filed
8. Award of Maintenance Services Agreement for Wetland and Habitat Maintenance to Real Green, Inc.
City Council Regular Meeting Minutes Page 2 of 13 May 16, 2023
1. Approved the Maintenance Services Agreement for Wetland and Habitat Areas Maintenance in the not-to-exceed amount of $150,000 per year for Fiscal Years 2023-24 through 2025-26, subject to extension administratively for two additional one-year periods;
2. Approved a not-to-exceed 20% contingency per year of the total contract value in the amount of $30,000 for unforeseen conditions or extra work and authorize the Public Works Director/City Engineer to approve additional work with Real Green Inc. for a total not-to-exceed amount of $180,000 per year, if needed; and,
3. Authorized the City Manager to execute the agreement and future amendments to the Maintenance Services Agreement with Real Green Inc., subject to the City Attorney making non-substantive changes.
10. Award of Construction Contract to Pavement Coatings Co. for the residential Annual Resurfacing Program Zones III & IV - Phase 2, Cash Contract No. 22-27
1. Awarded the Construction Contract for the Residential Annual Resurfacing Program Zones III & IV - Phase 2, Cash Contract No. 22-27 to Pavement Coatings Co. in the amount of $1,623,207;
2. Authorized the Public Works Director/City Engineer to process change orders in an amount not to exceed 20% of the total contract for $324,642, for a total not-to-exceed amount of $1,947,849 if needed;
3. Authorized the City Manager to execute the Construction Contract for the Residential Annual Resurfacing Program Zones III & IV - Phase 2, Cash Contract No. 22-27 with Pavement Coatings Co., 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.
11. Acceptance and Approval of Easement from TPG 2020-1 (LN Crown Valley) Owner, LLC for Park and Trail Purposes for the Blu Apartment and Authorizing its Execution and Recordation
1. Accepted the easement and approve the Easement Agreement for park and trail purposes with TPG 2020-1 (LN Crown Valley) Owner, LLC;
2. Approved the recordation of the Easement Agreement;
City Council Regular Meeting Minutes Page 3 of 13 May 16, 2023
3. Directed the City Clerk to cause a certified copy of the Resolution and Easement Agreement to be recorded in the Official Records of the Orange County Clerk-Recorder; and
4. Authorized the City Manager to execute the Easement Agreement and any other documents necessary for the acceptance of the easement and the recordation of the Resolution.
ITEMS PULLED FROM CONSENT CALENDAR
3. Minutes of the Regular City Council Meeting on May 2, 2023 Council Member Winstead shared that she would be abstaining from voting given that she was not a member of the City Council on May 2, 2023.
A MOTION was made by Mayor Pro Tem Oddo, seconded by Council Member Gennawey to approve the minutes of the Regular City Council meeting on May 2, 2023.
Motion carried 3-0-1, with Council Member Winstead abstaining.
5. Agreement for Prosecution Services Between the City of Laguna Niguel and the County of Orange
Council Member Gennawey shared that he would be recusing himself from voting on the item due to his employment with the District Attorney for the County of Orange. He removed himself from the dais and returned after the vote was taken by the remainder of the City Council members.
A MOTION was made by Council Member Winstead, seconded by Mayor Pro Tem Oddo, Approve a new agreement between the City of Laguna Niguel and the County of Orange for the Orange County District Attorney to prosecute violations of City ordinances for July 1, 2023, to June 30, 2028.
Motion carried 3-0-1, with Council Member Gennawey recusing himself.
6. Adoption of the 2023-2027 Memorandum of Understanding (MOU) between the City of Laguna Niguel and the Orange County Employees Association (OCEA) for the Maintenance, Clerical and Technical Unit and the Middle Management, Professional and Supervisory Unit and Related Salary Resolution No. 2023- 1433; and Adoption of Resolution No. 2023-1434, Related to Updated Compensation for Unrepresented Executive and Management Employees City Council Regular Meeting Minutes Page 4 of 13 May 16, 2023 Council Member Winstead shared that she would be abstaining from voting given that she was not engaged in the negotiations with the Orange County Employees Association (OCEA).
Mayor Pro Tem Oddo thanked Deputy City Manager Martin and City Manager Letourneau for their work with the Memorandum of Understanding. She shared that this package is the best that staff has received in decades and that it will attract the top municipal employees in the County.
A MOTION was made by Mayor Pro Tem Oddo, seconded by Mayor Jennings, to:
1. Approve and Adopt the Memorandum of Understanding (MOU) between the City of Laguna Niguel and the Orange County Employees Association (OCEA for the Maintenance, Clerical and Technical Unit;
2. Approve and Adopt the Memorandum of Understanding (MOU) between the City of Laguna Niguel and the Orange County Employees Association (OCEA for the Middle Management, Professional and Supervisory Unit;
3. Adopt Salary Resolution No. 2023-1433 relating to the MOU between the City of Laguna Niguel and the Orange County Employee Association (OCEA) for the Maintenance, Clerical and Technical Unit and the Middle Management, Professional and Supervisory Unit;
4. Authorize the City Manager and members of the City's Negotiating Team to execute the MOU documents; and,
5. Adopt Resolution No. 2023-1434 relating to updated compensation for unrepresented Executive and Management Employees.
Motion carried 3-0-1, with Council Member Winstead abstaining.
7. Award of Construction Contract to Zimprich Engineering, Inc. for the Chapparosa Park Restroom Remodel Project, Cash Contract No. 22-22 Mayor Pro Tem Oddo commended staff for adding a refillable water station to the Chapparosa Park remodel and encouraged the addition of additional refillable water stations throughout the city.
A MOTION was made by Mayor Pro Tem Oddo, seconded by Council Member Gennawey, to:
City Council Regular Meeting Minutes Page 5 of 13 May 16, 2023
1. Award the Construction Contract for the Chapparosa Park Restroom Remodel Project, Cash Contract No. 22-22 to Zimprich Engineering, Inc. in the amount of $199,999;
2. Authorize the Public Works Director/City Engineer to process change orders in an amount not to exceed 10% of the total contract for $20,000, for a total not- to-exceed amount of $219,999 if needed;
3. Authorize the City Manager to execute the Construction Contract for the Chapparosa Park Restroom Remodel Project, Cash Contract No. 22-22 with Zimprich Engineering, Inc., subject to the City Attorney making non-substantive changes; and,
4. Authorize the Public Works Director/City Engineer to execute the Notice of Completion at the conclusion of construction.
Motion carried 4-0.
9. Award of Professional Services Agreement for Energy Assessment Study to Kilowatt Engineering, Inc. dba kW Engineering
Mayor Pro Tem Oddo commended staff for bringing forward an energy action plan that will evaluate energy use at City facilities. She added that a web-based tool will be used to evaluate what changes can be made as well as cost effectiveness.
A MOTION was made by Mayor Pro Tem Oddo, seconded by Council Member Gennawey, to:
1. Approve the Professional Services Agreement for Energy Assessment Study with Kilowatt Engineering, Inc. dba kW Engineering in the not-to-exceed amount of $114,555;
2. Approve a not-to-exceed 20% contingency of the total contract in the amount of $22,911 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 $137,466, if needed; and,
3. Authorize the City Manager to execute the agreement and future amendments to the Professional Services Agreement with Kilowatt Engineering, Inc. dba kW Engineering, subject to the City Attorney making non-substantive changes.
Motion carried 4-0.
City Council Regular Meeting Minutes Page 6 of 13 May 16, 2023
PUBLIC HEARING
1. A Public Hearing to Consider the Introduction of Ordinance and Adoption of Three Resolutions approving Mitigated Negative Declaration MND 23-01, Zone Change LC 20-01, Site Development Permit SP 20-04 & Use Permit UP 21-12, Site Development Permit Amendment 88-163A02, and Tentative Parcel Map TMP 2021-101 for the Griffin Senior Living Community & Grace Church Remodel Project
Contract Planner Amber Gregg provided a presentation on the Grace Church Remodel and Griffin Senior Living Development.
COUNCIL QUESTIONS
Council Member Gennawey inquired about the traffic study done within the area of the proposed development. Contract Planner Gregg stated that the traffic study would look at what the impact would be from the project on the existing facilities and that it will look at the level of services as well as vehicle miles traveled. She stated that the study looked at the level of service at the Crown Valley Parkway intersection and found that there would be no change to the level of service at the intersection because the number of trips generated in the area are low in comparison to the daily traffic that goes through Crown Valley Parkway and La Plata.
Co-Applicant James Wanger spoke on the Grace Church Remodel and Griffin Senior Living Development and shared his support of the project.
Co-Applicant Richard Nice with Griffin Senior Living provided a presentation on the Grace Church Remodel and Griffin Senior Living Development.
Mayor Pro Tem Oddo thanked the co-applicants for their presentations. She inquired if the applicants intended to use a Crown Valley Parkway address for the new development.
Co-Applicant Richard Nice responded that using a Crown Valley Parkway address was part of the conditions for the development. Mayor Pro Tem Oddo asked for clarification about the Crown Valley Parkway driveway being used for construction traffic once it was built and not on La Plata. Co-Applicant Richard Nice responded that all site work and grading construction would be restricted to going out only through Crown Valley Parkway He added that he is hesitant to restrict any construction traffic to La Plata but would do so if it becomes a requirement and that no construction traffic would drive up La Plata into the residential neighborhoods. Mayor Pro Tem Oddo shared her appreciation towards the applicant agreeing to restrict construction traffic only through Crown Valley Parkway and shared that the residents would appreciate it.
Council Member Gennawey stated his concurrence with Mayor Pro Tem Oddo about the limiting of construction traffic on La Plata and requested the construction traffic to be through Crown Valley Parkway as much as possible.
Mayor Jennings stated her concurrence with Mayor Pro Tem Oddo and Council Member Gennawey and also requested the construction traffic to be through Crown Valley City Council Regular Meeting Minutes Page 7 of 13 May 16, 2023 Parkway as much as possible.
Council Member Winstead stated her concurrence with Mayor Pro Tem Oddo, Council Member Gennawey, and Mayor Jennings about the construction traffic being restricted from the surrounding neighborhoods. She acknowledged the resident concerns about the employees taking breaks and traveling to nearby businesses and inquired about the options the Griffin Senior Living would give to their employees to deter them from traveling outside of the facility during their breaks. Co-Applicant Richard Nice responded that they encourage their staff to eat onsite and provide lunchrooms.
Mayor Jennings opened the Public Hearing.
Bob Kudla, Pat Wenger, Mike Horist, Bob Candy, and Gilda Dahs shared their support of the proposed Griffin Senior Living Community & Grace Church Remodel project.
Kimberlee Lishakoff discussed her opposition to the proposed Griffin Senior Living Community & Grace Church Remodel project.
Mayor Jennings closed the Public Hearing.
COUNCIL COMMENTS
Council Member Gennawey thanked those who spoke during the public comment period and the applicants for their presentation. He shared his appreciation for the proposed land use and stated that based on the traffic study, traffic would be minimal with the construction of the new driveway on Crown Valley Parkway. He shared that the Planning Commission approved the consideration of the project on April 25, 2023, and on April 26 2023, at the Traffic and Transportation Commission meeting many residents from surrounding neighborhoods came to the meeting to express their frustrations related to the traffic. He shared that the Traffic and Transportation Commission approved a comprehensive calming traffic study for La Plata, La Vida, and Via de Anza that will help lower the speed in that community. He shared that the development complies with development standards, that there is no obstruction of view from the houses above, the Planning Commission approved the development, and that the traffic issues are separate from approving the development. Council Member Gennawey stated his support of the proposed Griffin Senior Living Community & Grace Church Remodel project.
Mayor Jennings thanked Council Member Gennawey for his remarks and clarified that the construction traffic would be directed out of La Plata to Crown Valley Parkway.
Mayor Pro Tem Oddo shared that the development addresses the housing need in the community and that it is a very well-done project. She shared her concerns about the traffic and that it should be taken seriously. She shared that she will be in regular communication with staff regarding the comprehensive calming study for the area. She recommended the residents of Niguel Hills to share their requests in one cohesive voice to work on the issues to help them get what they need. She further shared her appreciation for the development's use of low water plants and encouraged the use of them in future projects for the City. Mayor Pro Tem Oddo stated her support of the City Council Regular Meeting Minutes Page 8 of 13 May 16, 2023 proposed Griffin Senior Living Community & Grace Church Remodel project.
Council Member Winstead stated her concurrence with Mayor Pro Tem Oddo concerns about the traffic and also encouragement of the use of low water plants. She reiterated her statement about having construction traffic directed through Crown Valley Parkway and not through the La Plata and adjoining streets. She shared that the existing unutilized land is an attractive nuisance, and the project will help remedy that problem. Council Member Winstead stated her support of the proposed Griffin Senior Living Community & Grace Church Remodel project.
Mayor Jennings stated her concurrence with Council Members about supporting the proposed Griffin Senior Living Community & Grace Church Remodel project. She acknowledged the residents' concerns with traffic and assured them that it would be mitigated. She thanked those who spoke during the public comment period.
Mayor Pro Tem Oddo inquired if the condition for the construction traffic needed to be added to the motion. Community Development Director Jonathon Orduna stated that the construction management plan is included as a condition, and it requires that once the driveway off Crown Valley Parkway is completed that all construction traffic use that driveway for the remainder of the project.
A MOTION was made by Council Member Gennawey, seconded by Mayor Pro Tem Oddo, to:
1. Adopt Resolution No. 2023-1428, adopting Mitigated Negative Declaration MND 23-01 (SCH No. 2023020444) and the associated Mitigation Monitoring and Reporting Program;
2. Waive full reading, make any amendments to, and introduce Ordinance No. 2023- 222 by title:
ORDINANCE NO. 2023-222
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA
NIGUEL, CALIFORNIA ADOPTING ZONE CHANGE ZC 20-01 (GRIFFIN
SENIOR LIVING COMMUNITY)
Direct that the proposed Ordinance, with any changes to it, be placed on the agenda for the next regularly scheduled City Council meeting and adopt the Ordinance at that meeting;
3. Adopt Resolution No. 2023-1429, approving Tentative Parcel Map TPM 2021-101, subject to conditions;
4. Adopt Resolution No. 2023-1430, approving Site Development Permit 20-04 & Use Permit UP 21-12, subject to conditions; and
City Council Regular Meeting Minutes Page 9 of 13 May 16, 2023
5. Adopt Resolution No. 2023-1431, approving Site Development Permit Amendment SP 88-163A02, subject to conditions.
Motion carried 4-0.
CITY COUNCIL DISCUSSION
1. Consideration of options to Fill Cit Council Member Vacancy by Appointment or Special Election
City Attorney Smith provided a report on options to fill the City Council Member vacancy.
COUNCIL QUESTIONS
Council Member Gennawey inquired about the $654,000 estimated cost of the special election provided by the Registrar of Voters. City Attorney Scott Smith confirmed the $654,000 estimated cost was provided by the Registrar of Voters assuming that there would be no other elections to consolidate with, resulting in a stand-alone election for the City of Laguna Niguel.
Council Member Winstead inquired about the possibility of sharing the special election cost with the county or if the cost would entirely burden the City of Laguna Niguel. City Attorney Smith stated that the City of Laguna Niguel would assume all costs unless another initiative was added by the County, in which the costs would then be shared. He added that there are no additional initiative prospects that would allow for the sharing of the costs at this time.
Mayor Jennings opened the Public Comments.
Mike Fair shared his concerns and recommendation for future vacancies.
Janice Baker, Mellissa Crew, and Tania Glidden shared their concerns and voiced their support for Jeff von Waldburg for City Council.
Mayor Jennings closed the Public Comments.
COUNCIL COMMENTS
Mayor Pro Tem Oddo shared her belief in electing people and the importance of running an election that teaches, trains, and helps individuals get a general sense of what is going on in the City. She shared her concern with the cost of the special election and that a special election was not chosen with the last vacancy. She clarified that a special election must be held, or someone must be appointed within a certain time period due to California law. She shared that it is important to reflect why the City is in this position and that she would have promoted a special election if the two Council Members who recently resigned City Council Regular Meeting Minutes Page 10 of 13 May 16, 2023 had better coordinated their exit. Mayor Pro Tem Oddo shared that she would prefer to appoint someone who promises not to run in 2024 leaving the seat open. She clarified that the seat that Council Member Winstead was appointed to was an incumbent seat (former City Council Member Sharma) and that former Council Member Sandy Rains was termed out. She shared that she would like to keep the seat open for the people of Laguna Niguel in 2024. She added that the City Council cannot bind anyone to not run in the next election, but they can ask and hope that the selected individual follows through with this in a trustworthy fashion.
Council Member Gennawey thanked those who spoke during the public comments. He shared that they are faced with two options, to go for an appointment like they did in the previous vacancy with a tried-and-true process or to go for a special election. He shared that a special election would occur in November of 2023, cost the taxpayers up to $654,000, would leave the City without a full dais for another six months, and that same seat would be up for election a year later in November 2024. Council Member Gennawey shared his support to appoint a person to fill the vacancy on City Council. He acknowledged Mayor Pro Tem Oddo concern about individuals applying for the position and wanting to run for the election and stated that it is a fair consideration that was asked to the applicants from the last process and fair to discuss. He added that he would not bind anyone to that and that everyone has a First Amendment right to run for office and that he wouldn't make it a condition for someone to give up that option. Council Member Gennawey asked for clarification on the appointment process in regard to the past applicants. City Manager Letourneau confirmed that it would be a new process and that if any of the applicants from the first process would like to be considered again, they would need to re-apply within the window selected. Council Member Gennawey reiterated his support for appointing a person to fill the vacancy on City Council.
Council Member Winstead clarified that the appointment of the first City Council vacancy process did not simply go to the next highest vote getter and that there is a process that she followed. She shared that there are other applicants in the room that followed the process as well and that all applications are a part of the public record. She expressed her agreement with following the same appointment process as last time and interviewing all applicants who apply, including those who applied during the last application period.
Mayor Jennings shared her concurrence with her City Council Colleagues about not spending $654,000 on a special election and that the vacancy should be filled by the outlined application process.
A MOTION was made by Council Member Gennawey, seconded by Council Member Winstead, to:
Appoint a person to fill the vacancy on the City Council.
Motion carried 4-0.
City Manager Letourneau shared the timeline for the new application process. The application process will open on Wednesday, May 17th and close at 5:00 p.m. on Friday, May 26th. Applicants to be interviewed will be selected at the City Council meeting on City Council Regular Meeting Minutes Page 11 of 13 May 16, 2023 June 6th and interviews will take place at a Special City Council meeting on June 14th The Oath of Office of the new Council Member will take place at the City Council meeting on June 20th.
OTHER BUSINESS/COUNCIL REPORTS
1. Council Reports
Council Member Winstead expressed her gratitude to be appointed, and for the trust that the City Council has bestowed upon her. She asked the residents for her acceptance, patience, and understanding. She shared that she understands it is an appointed position and for the residents to please give her a chance and to get to know her.
Council Member Gennawey congratulated Council Member Winstead for being appointed to the City Council. He shared that Council Member Winstead was the 2022 Citizen of the Year, has served on multiple commissions and committees, is a den leader, and served as the president of the Laguna Niguel Chamber of Commerce. He thanked Council Member Winstead for her dedication and commitment to public service in Laguna Niguel.
Council Member Gennawey discussed the recent Emergency Preparedness Fair and thanked those who attended.
Mayor Pro Tem Oddo welcomed and congratulated Council Member Winstead and shared that it is important to have a good grasp on municipal government before serving on City Council, which Council Member Winstead has. Mayor Pro Tem Oddo discussed the upcoming Memorial Day Ceremony on Monday, May 29th at noon at Sea Country Senior and Community Center. She shared that the American Legion is looking for surviving spouses of any deceased Vietnam Veterans for a pinning ceremony. She discussed the upcoming Military Support Committee car wash on June 3rd from 10:00 a.m. to 2:00 p.m. at Plaza de la Paz. Mayor Pro Tem Oddo shared that she feels very optimistic about the City with a strong foundation and City Council. She added that she is committed to the people of Laguna Niguel and listening to them and will be around for a long time. She thanked the residents for their patience in the process and stated that she believes they are stronger than they were six months ago.
Mayor Jennings shared her concurrence with Mayor Pro Tem Oddo about what the City Council has done, and that the City has a bright future ahead. She expressed her gratitude for the current leadership and shared that the City Council works for the residents and are there for them. She welcomed City Council Member Winstead and congratulated her again. She thanked her colleagues and shared that the community is the number one priority.
2. City Manager/Department Reports
Public Works Director Jacki Scott announced the return of the free Laguna Niguel Summer Trolley on Thursday May 25th. Trolley service is provided Thursday through Sunday and holidays between Memorial Day and Labor Day. This year there is a fifth stop City Council Regular Meeting Minutes Page 12 of 13 May 16, 2023 added at the intersection of Crown Valley Parkway and Alicia Parkway and a revised weekend schedule where service will start at 9:00 a.m.
Public Works Director Scott provided an update on La Paz Road. La Paz Road has had a south bound lane closure for over a year, and over the past year and a half a geotechnical engineering firm has been producing a report to examine the cause of the roadway failures which has now been completed. The cause of the surface distortions that necessitated lane closure is an ancient landslide within a slope in the County Park and impacting the City's roadway. With the report completed, the Public Works Department is initiating a grant application to FEMA to fund the necessary environmental clearance, designing phase, and in the future millions of dollars in federal funds to construct and repair the slope failure. The grant application will take approximately one year to complete. In total, the process for total repair of the La Paz Road is anticipated to take a minimum of three years and up to five years. With an Emergency Declaration being issued, the Public Work Department is designing an interim roadway alternative that will put two-way traffic on the Eastside of the median serving both Northbound and Southbound traffic. The alternative route is expected to start construction this July and stay in place until the final repair and remediation is under construction. A full road closure may be necessary for two to three weeks to facilitate installation of barricades and modifications to safely handle two-way traffic on the Eastside to the median. The City will continue to monitor La Paz road for any changes. Starting Wednesday, May 17th Public Works crews will be implementing a new traffic control pattern on La Paz Road which will close both Southbound travel lanes at Rancho Niguel Road.
ADJOURNMENT
Mayor Jennings adjourned the Regular City Council Meeting at 8:59 p.m.
Respectfully submitted,
Marissa J. Asistin, CMC, City Clerk
City Council Regular Meeting Minutes Page 13 of 13 May 16, 2023
LAGUNA NIGUEL CITY COUNCIL
Minutes of the Special City Council Meetings
May 10, 2023 - 5:00 p.m.
CALL TO ORDER - Mayor Jennings called the Special City Council meeting to order at 5:05 p.m.
Mayor Jennings shared a statement that at approximately 4:30 p.m. the City received a resignation from Council Member Sandy Rains, effective immediately. Mayor Jennings stated that because of Brown Act requirements, the City Council will only be making one appointment this evening. Additionally, Mayor Jennings stated that this new vacancy will be added to the May 16, 2023 City Council meeting agenda for discussion on how to fill the vacancy.
ROLL CALL
Mayor Kelly Jennings - Present
Mayor Pro Tem Stephanie Oddo - Present
Council Member Ray Gennawey - Present
PLEDGE OF ALLEGIANCE - Mayor Pro Tem Oddo
PUBLIC COMMUNICATIONS
There were no public comments.
ITEM PULLED FROM THE CONSENT CALENDAR
1. Servicios of resolution o the astate ing the Doeat Emergergy cy Connection with Recent Earth Movement Under La Paz Road Public Works Director Jack Scott provided a report sharing that La Paz Road has had a southbound lane closed for well over a year since the roadway is in an unusable condition to motorists, cyclists, or pedestrians. Public Works Director Scott stated that the City hired a geotechnical and engineering firm that completed an examination of the roadway failures over the past year and a half and reported that the cause of the surface distortions that necessitated the closure is an ancient landslide within the slope in the county park and impacting the city's roadway. Public Works Director Scott also shared that the Public Works Department is initiating a grant application to FEMA to fund the necessary repairs of the roadway. Public Works Director Scott indicated that the process for total repair of La Paz Road is anticipated to take a minimum of three years and up to five years to fully fund and complete.
City Council Special Minutes Page 1 of 3 May 10, 2023
In conclusion, Public Works Director Scott shared that an interim roadway alternative that will put two-way traffic on the east side of the median serving both northbound and southbound traffic is currently in design with construction expected to start by June or July 2023. This interim condition will stay in place until the final repair and remediation is under construction. It is expected that during the interim condition construction phase, a full road closure may be necessary for 2-3 weeks to facilitate installation of barricades and median modifications to safely handle two way traffic on the east side of the landscape median. Substantial modifications to the median are required and utility relocations are necessary to complete the interim condition. The City continues to monitor La Paz road for any further deterioration and the road is being inspected on a regular basis by a geotechnical engineer. Staff expressed the City's commitment to safety, minimizing resident inconveniences, and communicating updates to the City Council and the public each step of the way.
A MOTION was made by Council Member Gennawey, seconded by Mayor Pro Tem Oddo, to:
Adopt Resolution No. 2023-1427, ratifying the Director of Emergency Services' proclamation of the existence of a local emergency due to the recent earth movement under La Paz Road under Government Code Section 8630 and Division 15 of Title 11 of the Laguna Niguel Municipal Code ("Emergency Preparedness") Motion carried 3-0.
CITY COUNCIL
1. Conduct Interviews to Fill the City Council Vacancy, Unless Otherwise Specified.
The City Council conducted interviews for the following applicants:
City Council Candidates (1 vacancy:
1. Johns, Foster "Gene" 5:10 p.m.
Zueck, Anthony 5:20 p.m.
Greer, John 5:30 p.m.
Frink, Chery, 5:40 p.m.
5. Huls, John Michael 5:50 p.m.
Cogan, Jeremy 6:00 p.m.
7. Owen, Jim 6:10 p.m.
8. Winstead, Stephanie 6:20 p.m.
Following the conclusion of the interviews, the City Council took a brief recess at 6:22 p.m. and reconvened at 6:30 p.m.
City Council Special Minutes Page 2 of 3 May 10, 2023
2. Discussion and Appointment of New City Council Member to Fill Vacancy.
The City Council thanked all who participated in the process and for their willingness to serve the community.
Council Member Gennawey expressed his support for the appointment of Stephanie Winstead.
Mayor Pro Tem Oddo also expressed her support for the appointment of Stephanie Winstead.
A MOTION was made by Council Member Gennawey, seconded by Mayor Pro Tem Oddo, to:
Appoint Stephanie Winstead to serve on the City Council, to fill the existing vacancy.
Motion carried 3-0.
Mayor Jennings thanked her colleagues for the discussion and all the applicants for their willingness to serve the City of Laguna Niguel.
Mayor Jennings congratulated Stephanie Winstead for being appointed to serve on the City Council and announced that the formal oath of office will take place at the regular City Council meeting scheduled for May 16, 2023.
ADJOURNMENT
Mayor Jennings adjourned the meeting at 6:35 p.m.
Respectfully submitted,
Marissa J. Asistin, CMC, City Clerk
City Council Special Minutes Page 3 of 3 May 10. 2023