_________________________________________________________________________________________________________ City Council Special Minutes Page 1 of 1 July 24, 2023
LAGUNA NIGUEL CITY COUNCIL
Minutes of the Special City Council Meetings
July 24, 2023 – 12:00 p.m.
CALL TO ORDER – Mayor Jennings called the Special City Council meeting to order at 12:00 p.m.
ROLL CALL
Mayor Kelly Jennings – Present
Mayor Pro Tem Stephanie Oddo – Present
Council Member Ray Gennawey – Present
Council Member Gene Johns – Present
Council Member Stephanie Winstead – Present; Arrived at 12:02 p.m.
PLEDGE OF ALLEGIANCE – Mayor Pro Tem Oddo
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
There were no public comments.
CLOSED SESSION
Following Mayor Jennings announcement of the Closed Session, City Council recessed to closed session for discussion on the following matter:
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2)
Number of Potential Cases: 1
City Council reconvened at 1:02 p.m.
CLOSED SESSION REPORT
Deputy City Attorney Mal Richardson stated there was no reportable action taken on the matter discussed in closed session.
ADJOURNMENT
Mayor Jennings adjourned the meeting at 1:02 p.m.
Respectfully submitted,
_
Stacey Chavez, Deputy City Clerk
_________________________________________________________________________________________________________ City Council Special Minutes Page 1 of 6 July 26, 2023
LAGUNA NIGUEL CITY COUNCIL
Minutes of the Special City Council Meetings
July 26, 2023 – 4:00 p.m.
CALL TO ORDER – Mayor Jennings called the Special City Council meeting to order at 4:00 p.m.
ROLL CALL
Mayor Kelly Jennings – Present
Mayor Pro Tem Stephanie Oddo – Present
Council Member Ray Gennawey – Present
Council Member Gene Johns – Present
Council Member Stephanie Winstead – Present
CLOSED SESSION
PUBLIC COMMENTS ON CLOSED SESSION ITEM
There were no public comments.
RECESS TO CLOSED SESSION ITEM
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2)
Number of Potential Cases: 1
City Council conducted Closed Session.
Mayor Jennings called the regular meeting back to order at 4:30 p.m.
CLOSED SESSION REPORT
City Attorney Scott Smith reported th at there w as no reportable action taken during closed session.
PLEDGE OF ALLEGIANCE – Council Member Winstead
PUBLIC COMMENTS
There were no public comments.
DISCUSSION
1. Adoption of Resolution No. 2023 -1444, Declaring the Ci ty’s Intention to Transition from At-Large to District-Based Elections
_________________________________________________________________________________________________________ City Council Special Minutes Page 2 of 6 July 26, 2023
City Attorney Scott Smith provided a report on the adoption of Resolution No. 2023- 1444, declaring the City ’s intention to transition from At-Large to District -Based elections.
COUNCIL QUESTIONS
Council Member Gennawey inquired if the plaintiff attorney had identified the name of voter or group that she is representing in the potential lawsuit . City Attor ney Scott responded that the plaintiff attorney has declined to identify the name o f voter or group she is representing upon the City’s request.
Council Member Johns inquired if the pl aintiff attorney has also served other cities. City Attorney Smith r esponded that the plaintiff attorney has served three additional South County cities: San Clemente, Rancho Santa Margarita, and Laguna Hills . Council Member Johns inquired if any of the served cities have had been brought forward with allegations of racial discrimination prior to the filing. City Attorney Smith responded that he had no knowledge of allegations of racial discrimination in the three cities. City Attorney Smith added that BB&K represented the Santa Margarita Water Distri ct in a response to a Civil Voting Rights Act demand where the petitioner was another lawyer and presented similar accusation and allegations. He added that the Santa Margarita Water District ’s racial demographics is similar to that of Laguna Niguel ’s and that because of that, District -Based elections do not help a minority community elect a member to the Council unless there is a larger concentration of minorities in a neighborhood. City Attorney Smith further explai ned that the City of San Clement e is different and is unaware of what their resp onse will be given that they have a higher concentration of Hispanic voters along the I -5 corridor , making it difficult to draw a rational circle and district for that community. He added that South Orange County for the most part has even layers of racial minorities in every neighborhood, which does not lend itself to enhancing minority voice by converting to district elections.
Council Member Winstead inquired if the attorney Michelle Jac kson has identified a plaintiff in the other cases against San Cl emente, Rancho Santa Margarita, or Laguna Hills. City Attorney Smith responded that the attorney M ichelle Jackson has not identified the name of the voter or plaintiff she is representing in the other cities.
COUNCIL COMMENTS
Council Member Gennawey expressed his appreciation for his colleagues , City Attorney, and City Staff for the work done in the past weeks. He stated that the residents of Laguna Niguel deserve an explanation as to what the C alifornia Voting Rights Act is and why he and the Council will reluctan tly vote to pass the Resolution .
Council Member Gennawey showed a Power Point presentation. . He shared that t he City had received a letter from a Dana Point attorney deman ding the Ci ty C ouncil election switch to dist rict elections under the Cali fornia Voting Rights Act and that the letter alleges the at -large voting sys tem is racially polarized against Latino voters. He spoke on what the Calif ornia Vot ing Rights Act is and the options the City has. He spoke on how the current at -large system comp ared to the new district syste m works.
He spoke on the disadvantages of districts including ward politics and log rolling. He _________________________________________________________________________________________________________ City Council Special Minutes Page 3 of 6 July 26, 2023
explained why so many cities are going to district elections and the Safe Harbor Provision. He explained the cos t of litigation if the City were to choose to pursue a lawsuit. He shared a li st of current districted cities Orange County and those currently under consideratio n. He shared a few examples of D istrict Maps for the neighboring cities of San Juan Capistrano, Dana Point, and Aliso Viejo. He further explained why so many cities are switching to district elections and stated that for every city in California receiving these demand letters, it is a fi nancial decision. He shared answers to som e questions he had received from the residents regarding the district-elections. He shared that the California Voting Rights Act became law in 2002 and to date, no city has won a California Voting Rig hts Act lawsui t. He stated that under the current law, the outcome is pre -determined where ci ties lose, lawyers get paid, and voters have less representation. He explained why the City of Laguna Niguel is being targeted and shared that he has never heard from any resident in Laguna Niguel that the city i s racially polarized. He stated that he believes this demand has nothing to do with racially polarized voting. He shared that the cities of San Clemente, Laguna Hills, and Rancho Santa Margarita had received a similar letter to Laguna Niguel ’s from the Law Offices of Michelle R. Ja ckson. He shared s ome information about the plaintiff attorney and her relationship to former Assemblyman Bill Brough. He stated that he believes t he letter is a disingenuous demand and further explained. He explained the Resolution that is before the City Council this evening to switch to dist ricts and stated that the approval of the Resolution is not an admission of racial polarization in the City of Laguna Niguel. He stated that the City Council is protecting the taxpayers from astronom ical attorney fees.
He stated that the City Council is resolute in the idea that we are one city and not five districts. He stated that they will continue to work representing the entire City of Laguna Niguel and hopes that the suc cessors to the City Counc il seats will follow that tradition and be accessible to all the voters/residents regardless of which district they live.
Mayor Pro Tem O ddo shared that she struggled earlier to express her thought s and feelings on the Resolution, the facts around the Resolution, and how to exp lain petty politics and not sound petty. She stated that it is their job and what they need to explain to residents and voters. She stated that no voter or resident wants to hear about ugly political games, that these are the things that make people not trust government and politicians. She stated that voters do not li ke political games. She shared a quote by Mahatma Gandh i, “Truth never damages a cause t hat is just. ” She shared and explained her two reasons why she will be in favor of the Resolution, Intentions and the California Voters Rights Act. She stated that intentions matter and when she ran for City Council, they were asked why they were running a nd what their intentions were. She shared that Michelle Jackson is the wife of former As semblymember Bill Brough, who faced allegations of sexual harassment and his wife supported her husband in an op- ed piece. She shared that the then Mayor of the City of Laguna Niguel prevailed in the primary election against Bill Brough in 2020, current As semblywoman Laur ie Dav ies.
She shared that she finds it odd and interesting that suddenly in the cities of San Clemente, C ity of Lagun a Niguel, City of Ranc ho Santa Margarita , and the City of Laguna Hills there is a gr oup that is concerned about racially polarized voting and represented by the same attorney who is presenting her self as an angry wife. She stated that districts will change the community and that the City Council will try their best to keep the city unified and support the city . She stated that an angry wife, so irritated that she is committing political retaliation that is affecting the comm unity is disgusti ng especially because she is using it in the name of racism . She shared that her great - _________________________________________________________________________________________________________ City Council Special Minutes Page 4 of 6 July 26, 2023
grandmother was in a minority ethnic and religious group in a place that persecuted her and her whole family. She shared that her professional career and community service has been dedicated to minority groups and has worked with the federal government during th e C linton administration on discrimination against minorities . She stated that the fact that someone w ould use this as a political game against the c ommunity in the name of racism is disgusting and that the California Voting Rights Act law allows bad actors to do th is. She stated that she u nderstands the intent of the California Voting Rights Act law is generally good and gave the City of Santa Ana as an example as a City where there is a majority Latino elected Council Members who had an area of the city that was a majority Vietnamese and they did no t have represent ation on their City Council. She shared that when the City of Santa Ana districted the large group of Vietnamese were now able to have representation on their City Council and stated that was a good thing and believes i n lifting up minorities and minority representation. She stated that the California Voting Rights Act law does not protect us from bad actors and political gamesmanship. She stated that she was e lected to fix roads, teach people to plant drought tolerant plants, make sure the community had a high quality of public and fire safety, to advocate at a state level for various issues , and she refuses to engage in a game of political ga mesmanship. She stated that they are trapped, are not t here to litigate, and the residents do not want th em to spend money on a lawsuit. She stated the residents want the City Council to put money into roads, infrastructure, and building a better community . She sta ted that sh e would be supporting the resolution a nd voting to preserve the City ’s financial situation and stop the political gamesmanship and nonsense.
Council Member Johns thanked Council Member Gennawey and Mayor Pro Tem Oddo for their comments. He stated that he was extremely upset with tonight’s vote and believes that the Resolution c auses more discrimination and racial separation when the residents get one vote every four years as opposed to the five votes. He stated that the California Voting Rights Act was written by the State of California and is another way for the state to com e in and attack local gover nment and force their beliefs on the city. He stated that as far as he knows the city does not have a rac ial issue and has never had any resident tell him ot herwise. He stated that he does not know if attorney Michelle Jackson has a client, but she does not have to prove that. He stated that it is a hijacking of local government and robbing the community which is forcing the City to bend to their will. He stated t hat like Council Member Gennaw ey and Mayor Pro Tem Oddo said earlier, this comes down to dollars and cents . He shared that he has read case laws where not one city has won , and the City of Laguna Niguel has no chance of winning.
He stated that he does not want to waste hundreds of thousands if not millions of dollars fighting this worthless California Voting Rights Act law and wasting tax dollars on the issue. He shared his support of the Resolution and stated that he believes City Council is being hijacked and being forced to proceed with the Resolution.
Council Member Winstead stated her concurrence with her colleagues . She stated that she would be grudgingly respect the City Attorney’s recommendation to adopt th e Resolution. She stated that the Cali fornia Voting Rights Ac t is a b ad law and the City Council is being strongarmed to make a decis ion that is not i n the best interest of the residents and that the action wont rectify the prob lem that the law is intende d to address. She stated that she f eels the attorney is a grifter who is taking advantage of the bad law to make easy money at the expense of the City of Laguna Niguel . S he _________________________________________________________________________________________________________ City Council Special Minutes Page 5 of 6 July 26, 2023
shared that the attorney has refused to identif y a plaintiff and does not believe she has one. She stated t hat it is peopl e like this that give the legal profession a bad name and she takes that personally as a n attorney. She stated her concurrence with a recent public speaker who s tated that the City Coun cil is elected and appointed to repre sent the entire cit y. She stated t hat this will forever change el ections in the City of Laguna Niguel and not for the better. She shared that like Mayor Pro Tem Oddo she is disgusted by the reta liatory lawsuit and has noth ing to do with remedying racially polarized voting.
Mayor Jennings stated that for the past 34 ye ars Laguna Niguel residents have had the opportunity to vote for all of their elected representatives using city wide elections. She stated that these at large elections has resulted in a diverse group of City Council member through the years who have work ed together to make Laguna Niguel one of the safe st cities in th e nation, a financially strong city with zero debt and balanced budgets, a city with one of the highest qualities of life, and a diverse city t hat has used its diversity to set one of the highest bars for excellenc e in city government. She stated that whil e Laguna Niguel has been thriving, with its diverse population and having a strong unified voice at City Hall, cities across California have been facing with repeated extraordinarily costly lawsuits from a small group of opportunistic lawyers attempting o force them away from at large voting and requiring them to move to district voting. She stated those lawyers spin a tale that at large voting is inherently biased and that district voting is m ore inclusive . S he stated that they contend that the voices o f s ome underrepresented people can only be heard by someone who happens to live i n their neighborhood or district . She stated that s uch elections often resul t in just a few hundred people in voting districts choosing a representative that now has control over the ent ire city. She stated that she believes that Lagun a Niguel current system is n’t broken and does not need to be fixed. S he stated that cities who ha ve fought those efforts often spent te ns of millio ns of dollars of the taxpayer’s money on attorney fees fighting over a poorly written statute with a less than favorable prospect for winning. She shared that the statut e also implies that the citie s would be forced to pay for the plaintiff’s attorney fees as well , which causes costly litigation to skyrocket even further.
She shared that the City of Santa Monica, a city of 9 0,000 residents, recently incurred over 30 million dollars in attorney fees defending against their effort to force them in to voting districts. She stated that Laguna Niguel has now been draw into one of these fights where it is faced with spending million s of dollars to defend its current at-large elections or agree to move to dis trict elections, not because it believes anyth ing needs to be changed but to avoid litigation. She thanked her colleagues for their comments and stated her conc urrence with them. She stated that the current situation is saddening, but the City Council is t here to s erve the entire City and will continu e to do that. She stated that she is committed to ensuring the voices of the residents are heard throughout the process and encouraged the community to stay involved.
A MOTION was made by Council Me mber Gennawey, s econded by Mayor Pro Tem Oddo, to:
Adopt Resolution No. 2023-1444, declaring the City’s intent to transition from the current at-large voting system to a district -based electoral system in fu rtherance of the California Voting Rights Act.
_________________________________________________________________________________________________________ City Council Special Minutes Page 6 of 6 July 26, 2023
Motion carried 5-0.
ADJOURNMENT
Mayor Jennings adjourned the meeting at 5:22 p.m.
Respectfully submitted,
_
Stacey T. Chavez, Deputy City Clerk
City Council Regular Meeting Minutes Page 1 of 5 August 1, 2023
LAGUNA NIGUEL CITY COUNCIL
Minutes of the Regular City Council Meeting
August 1, 2023
5:30 p.m. – Regular Meeting
CALL TO ORDER AND ROLL CALL – Mayor Jennings called the Regular City Council Meeting to order at 5:30 p.m.
Mayor Kelly Jennings – Present
Mayor Pro Tem Stephanie Oddo – Present
Council Member Ray Gennawey– Present
Council Member Gene Johns – Present
Council Member Stephanie Winstead – Present
CLOSED SESSION
PUBLIC COMMENTS ON CLOSED SESSION
There were no public comments.
RECESS TO CLOSED SESSION ITEMS
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager
2. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representative: Mayor
Unrepresented Employee: City Manager
City Council conducted Closed Session.
Mayor Jennings called the regular meeting back to order at 7:01 p.m.
CLOSED SESSION REPORT
City Attorney Scott Smith reported that there was no reportable action taken during closed session.
INVOCATION – Inge Hardi, First Church of Christ, Scientist
PLEDGE OF ALLEGIANCE – Girl Scout Troop #8597
PRESENTATIONS
1. Recognition of Outgoing Youth Committee Members
City Council Regular Meeting Minutes Page 2 of 5 August 1, 2023
Mayor Pro Tem Oddo and Council Member Gennawey presented City tiles to outgoing Youth Committee Members Ashley Derrington, Donatella Mondino, and Viuna Farshchian in recognition of their time in office. Mayor Pro Tem Oddo and Council Member Gennawey thanked them for their service to the community and for being leaders to the youth in Laguna Niguel.
PUBLIC COMMENTS
There were no public comments.
CONSENT CALENDAR
City Manager Letourneau clarified that an amendment to the draft Resolution No. 2023- 1446 was made on Consent Item number 8.
A MOTION was made by Council Member Gennawey , seconded by Mayor Pro Tem Oddo, to approve the Consent Calendar as presented.
Motion carried 5-0.
1. Warrants of August 1
Approved as written.
2. Payroll Summary Register
Approved as written.
3. Investment Report as of June 30, 2023
Approved as written.
4. Minutes of the Regular City Council Meeting on July 18, 2023
Approved as written.
5. Reallocation of Capital Project American Rescue Plan Act Fund Savings
Approved the following FY 2023-2023 budget adjustment:
1. Transferred $53,716 from project savings from completed capital projects funded by the American Rescue Plan Act to the Marina Hills Drive – Niguel Road to Golden Lantern Project.
2. Transferred 146,284 in American Rescue Plan Act funds from the Residential Annual Resurfacing Program (Zones 3 & 4) to the Marina Hills Drive – Niguel Road to Golden Lantern Project.
City Council Regular Meeting Minutes Page 3 of 5 August 1, 2023
6. Amendment No. 1 to the Agreement for Construction Services for Residential Annual Resurfacing Program Zones III & IV – Phase 2 to Resurface Portions of Via Pasatiempo and Via Del Oro Road, Authorize the Acceptance of Reimbursement Funds from CR&R Inc., and Associated Budget Amendments
1. Approved Amendment No. 1 to the Agreement for Construction Services Residential Annual Resurfacing Program Zones III & IV – Phase 2, Cash Contract No. 22-27 in the amount of $42,820;
2. Authorized the Public Works Director/City Engineer to process change orders in an amount not to exceed 20% of the total of this Amendment No. 1 for $8,564 for a total not-to-exceed amount of $51,384 if needed;
3. Authorized the City Manager to execute Amendment No. 1 to the Agreement for Construction Services Residential Annual Resurfacing Program Zones III and IV – Phase 2, Cash Contract No. 22-27, subject to the City Attorney making non-substantive changes;
4. Amended project budget for Residential Annual Resurfacing Program Zones III & IV – Phase 2 in the amount proportionate to the total costs of Amendment No. 1 to the Agreement for Construction Services Residential Annual Resurfacing Program Zones III & IV – Phase 2, Cash Contract No. 22-27; and
5. Approved the following Fiscal Year 2023-2024 budget adjustments:
Revenues
a. Recognized revenue in the General Fund from CR&R Inc. for Resurfacing Portions of Via Pasatiempo and Via Del Oro in the amount proportionate to the total costs of Amendment No. 1 to t he Agreement for Construction Services Residential Annual Resurfacing Program Zones III & IV – Phase 2, Cash Contract No. 22-27. (Subject to reimbursement from invoice to the contract waste hauler mentioned below.)
Expenditures
b. Amended Fiscal Year 2023- 2024 Operating, and Capital Improvement Budget for all funds proportionate to the total costs of Amendment No. 1 to the Agreement for Construction Services Residential Annual Resurfacing Program Zones III & IV – Phase 2, Cash Contract No. 22-27.
7. Approval of Final Parcel Map 2019-161
1. Approved Final Parcel Map 2019-161; and,
2. Accepted the dedication of the five-foot-wide public access easement as shown on Final Parcel Map 2019-161.
City Council Regular Meeting Minutes Page 4 of 5 August 1, 2023
8. Adoption of Resolution 2023 -1445, Authorizing the Public Works Director/City Engineer to Accept Property Offered at No Cost to the City and to the Recordation Thereof
Adopted Resolution No. 2023- 1445, as amended, authorizing the Public Works Director/City Engineer to accept and consent to the recordation of deeds or grants conveying any interest in or easement upon real property or real estate offered at no cost to the City, in furtherance of projects previously approved by the City Council.
9. Annual Review and Adoption of the City’s Investment Policy
Adopted Resolution No. 2023-1446, adopting the City’s Investment Policy.
OTHER BUSINESS/COUNCIL REPORTS
1. Council Reports
Council Member Winstead congratulated and thanked the Parks and Recreation Department for the 4
th of July festivities. She thanked and shared her appreciation towards the Laguna Niguel Chamber of Commerce for hosting the Pancake Breakfast event on the 4
th of July.
Council Member Johns shared and encouraged the residents to read an article about E - bikes published in the Western Cities Magazine on July 1 st. He shared that he saw an
advertisement for the Sea Country Festival at the local movie theater and encouraged the residents to attend the 3- day festival later this month. He thanked the City Staff, City Manager, City Attorney, Chief of Fire, and Chief of Police for taking the time to meet with him and shared that he learned a lot from them. He shared that it is National Night Out and is held on the first Tuesday of every August to increase awareness about Police programs in the Community such as drug prevention, anti-crime efforts and neighborhood watch.
Council Member Gennawey thanked the City’s firefighters, Sheriff’s deputies, and the staff at the Emergency Operations Center during the Niguel Fire. He shared that the Niguel Fire was contained to 4 acres, no structures were burned, and no injuries occurred.
He shared that he attended the 4
th of July activities and shared his excitement for the upcoming Sea Country Festival and encouraged the residents to attend.
Mayor Pro Tem Oddo thanked the firefighters for their work on the Niguel Fire and expressed her gratitude that there was no loss of property or life. She thanked the City staff and everyone who worked at the Emergency Operations Center. She encouraged those who have any information about how the Niguel Fire started to get in touch with the Orange County Fire Authority who will be investigating the fire. She shared that she attended the Association of California Cities Oraneg County (AC COC) quarterly dinner on June 29 where there was a panel on sustainability. She shared that she was re- appointed to the Orange County Housing and Community Board and is the District 5 representative.
City Council Regular Meeting Minutes Page 5 of 5 August 1, 2023
She also shared that in the City of Laguna Niguel there are 95 people receiving vouchers for housing, 9 of which are veterans and the majority are elderly people. She shared her concerns of the funding level with the U.S Department of Housing and Development (HUD), with them keeping their funding level the same through 2024 because of inflation.
She shared that the Laguna Niguel Military Support Committee had a change of leadership. She congratulated Chair Frank McGrath and Vice Chair Melissa Caldwell and welcomed Council Member Winstead to the Committee. She shared that the California Department of Insurance is coming to Laguna Niguel on August 10 from 2:30 p.m. to 4:00 p.m. at the Crown Valley Community Center. She shared that she attended a public workshop of California Department of Insurance examining catastrophic modeling and is following the issue closely. She shared that the 2
nd annual Taste of the Troops will be
taking place on October 19th from 6:00 pm to 9:00 p.m. and are looking for silent auction items, donations, and restaurants to participate.
Mayor Jennings shared her gratitude and appreciation for the Orange County Fire Authority, Police Services, and City Staff for their work during the Niguel Fire. She thanked the Parks and Recreation staff for their work in the Summer Concerts.
2. City Manager/Department Reports
City Manager Letourneau gave a restaurant update. She shared that a new Mendocino Farms and Cava will be at the Aliso Village Center and it is scheduled to open in late Fall.
She shared that Popeyes Chicken on Camino Capistrano is scheduled to open in the next few months.
Parks and Recreation Director Rivera gave an update on the upcoming Sea Country Festival on August 25
th, 26 th, and 27 th. He shared that pre- sale wristbands are now available for purchase at the Crown Valley Community Center for $35.00. He shared the entertainment lineup for the Main Stage and encouraged the residents to attend the festival.
ADJOURNMENT
Mayor Jennings adjourned the Regular City Council Meeting at 7:23 p.m.
Respectfully submitted,
__
Marissa J. Asistin, CMC, City Clerk