City Council Regular Meeting Minutes Page 1 of 8 August 15, 2023
LAGUNA NIGUEL CITY COUNCIL
Minutes of the Regular City Council Meeting
August 15, 2023
5:00 p.m. – Regular Meeting
CALL TO ORDER AND ROLL CALL – Mayor Jennings called the Regular City Council Meeting to order at 5:00 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; Arrived at 5:02 p.m.
CLOSED SESSION
PUBLIC COMMENTS ON CLOSED SESSION
There were no public comments.
RECESS TO CLOSED SESSION ITEMS
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) Number of potential cases: 2
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code section 54956.9(d)(4) Number of potential cases: 1
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Existing litigation pursuant to Government Code section 54956.9(d)(1) Number of cases: 1
Name of Case: City of Laguna Niguel v. Bear Brand Ranch Community Association Case No: Orange County Superior Court Case No. 30-2022-01267094-CU-PO-CJC
City Council conducted Closed Session.
Mayor Jennings called the regular meeting back to order at 7:00 p.m.
CLOSED SESSION REPORT
City Attorney Scott Smith reported that there was no reportable action taken during closed session.
City Attorney Smith took this opportunity to also provide the City Council with a legal status update in reference to a separate item related to the City Managers employment agreement.
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INVOCATION – Farshad Jahed, Baha’i Community of Laguna Niguel
PLEDGE OF ALLEGIANCE – Boy Scout Troop #734
PRESENTATIONS
1. Moulton Niguel Water District – Crown Valley Pipeline Replacement Project/OASIS Treatment Center
Officials and staff from the Moulton Niguel Water District provided a presentation on the Crown Valley Pipeline Replacement and OASIS Treatment Center projects.
PUBLIC COMMENTS
Jonathan Light spoke on sustainability policies for the city and of the Climate Conversations discussions with Mayor Pro Tem Oddo.
Theresa F ord spoke on sustainability policies for the city, the C limate Conversations discussions with Mayor Pro Tem Oddo, and the Ready Set Go Firewise program.
Monty McDivitt spoke on sustainability policies for the city and the Climate Conversations discussions with Mayor Pro Tem Oddo.
CONSENT CALENDAR
Per the requirements set forth in the Brown Act, Mayor Jennings read aloud that consent calendar item number six is an amendment to the City Manager employment agreement which includes a salary and merit increase, and a one-time non-pensionable bonus.
Consent calendar Item No. 4 was pulled from the consent calendar.
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 15, 2023
Approved as written.
2. Payroll Summary Register
Approved as written.
3. Minutes of the Special City Council Meeting on July 24, 2023, Minutes of the Special City Council Meeting on July 26, 2023 and Minutes of the Regular City Council Meeting on August 1, 2023
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Approved as written.
5. Designation of a Voting Delegate for the 2023 League of California Cities Annual Business Meeting
Designated Mayor Pro Tem Stephanie Oddo as the Voting Delegate for the 2023 League of Cal Cities Annual Business Meeting on September 22, 2023.
6. Third Amendment to the City Manager Employment Agreement
Adopted Resolution No. 2023- 1448, approving the Third Amendment to the City Manager Employment Agreement with Tamara S. Letourneau.
ITEM PULLED FROM CONSENT CALENDAR
4. Adoption of Resolution 2023 -1447, Reaffirming and Extending the Existing Proclamation of Local Emergency in Connection with the Recent Earth Movement under La Paz Road
Mayor Jennings opened public comments.
Kevork Keshishian spoke on the La Paz Road closure.
Mayor Jenning closed public comments.
City Manager Letourneau stated that safety is the number one priority and that the City Council will be considering an item to approve the funding to make one lane travel possible in each direction of La Paz Road.
Mayor Jennings stated that she recognizes that the La Paz Road closure is an inconvenience to residents, and that staff is working as quickly as possible on interim and long-term solutions.
A MOTION was made by Mayor Pro Tem Oddo, seconded by Council Member Johns to:
Adopt Resolution No. 2023- 1447, reaffirming and extending the proclamation of local emergency in connection with the recent earth movement under La Paz Road.
Motion carried 5-0.
DISCUSSION ITEMS
1. Approval of Amendment No. 5 to the On-Call Professional Services Agreement with Mark Thomas & Company, Inc. for the Design Plans and Specifications for this Project, and Approval of Fiscal Year 2023- 2024 Budget Adjustment for the Construction of the Restoration of Two- Way Traffic along La Paz Road from Rancho Niguel Road to Kings Road
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Public Works Director Jacki Scott provided a presentation on the La Paz Road project and the approval of Amendment No. 5 to the On-Call Professional Services Agreement with Mark Thomas & Company, Inc. for the design plans and specifications for this project, and the approval of a Fiscal Year 2023-2024 Budget adjustment for the construction of the restoration of two-way traffic along La Paz Road from Rancho Niguel Road to Kings Road.
COUNCIL QUESTIONS
Council Member Winstead thanked Public Works Director Scott for the presentation. She inquired about the opening of a lane on La Paz Road based on the timeline presented.
Public Works Director Scott responded that the lane opening would occur during Spring or Summer of 2024 depending on construction duration. City Manager Letourneau stated that an accelerated schedule has been created to move the lane opening up as quickly as possible. City Manager Letourneau shared that the timeline is not what they had hoped for but it is the only way to make the road improvement safe for emergency vehicles, bicyclists, and those driving on the road.
Mayor Pro Tem Oddo inquired about the bidding process for the final road repair of La Paz Road. Public Works Director Scott answered that in order to complete the final road repairs the city would most likely be receiving grant funding from either the stat e or through FEMA. Public Works Director Scott shared that those grant funds require competitive bidding, and the city will follow that process in order to qualify for the potential grant funding.
Council Member Gennawey inquired about the medians being placed at La Paz Road and the long-term plan for them. In response, Public Works Director Scott indicated that the "Long Term Phase II” plan will remove the current center median and add safety K- rail to delineate between travel lanes in each direct ion for both northbound and southbound traffic. Public Works Director Scott shared that for a permanent long-term fix the city will go through a selection process on a final cross -section based on the geotechnical report and the City’s desire to have certain features, including medians.
Council Member Johns inquired about the involvement of the County with the La Paz Road landslide. Public Works Director Scott answered that the City owns the upper half of the slope that exists between the roadway and the adjacent county park, just beneath the roadway, and the lower half is owned by the County of Orange. Public Works Director Scott shared that the landslide is originating and occurring in the county park making them partners with the city in the long- term repair for the earth movement. City Manager Letourneau stated that discussions are in progress with the County of Orange and that the city will be requesting funding from the County of Orange to assist in the repair efforts.
COUNCIL COMMENTS
Council Member Gennawey shared that City Council budgeted for the La Paz Road repairs and previously voted to put a $2.1 million surplus into the infrastructure reserves for the purpose of capital improvements with the idea that it would be used to help have
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the financial flexibility to tackle the problem on La Paz Road. He shared that he is pleased that the decision was made many months ago and hopes that the County of Orange will pitch in and help the city financially considering that the road sits on their land.
Mayor Pro Tem Oddo stated that the City Council had planned for this and were aware that this was happening which led them to set aside the $2.1 million surplus. She shared that this is why there is an infrastructure fund and that the city has strong reserves of $44.5 million and that after this expenditure there will still be 83% of the general fund in reserves. She stated that the city is in an excellent financial position and she hopes and requests that the County of Orange will reimburse the city which would allow the city to put that money back into another infrastructure project. She stated that the city is working as fast as possible and recognizes the inconvenience but the city wants to do it right and safely for everybody.
A MOTION was made by Council Member Johns , seconded by Council Member Winstead, to:
1. Approve Amendment No. 5 to the On- Call Professional Services Agreement with Mark Thomas & Company, Inc. to provide engineering design serv ices for the restoration of two- way traffic along La Paz Road for a not -to-exceed amount of $171,382;
2. Approve a not -to-exceed 20% contingency for Amendment No. 5 to the On- Call Professional Services Agreement with Mark Thomas & Company, Inc. in the amount of $34,276, 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 $205,658, if needed;
3. Authorize the City Manager to execute Amendment No. 5 to the On- Call Professional Services Agreement with Mark Thomas & Company, Inc; and,
4. Approve a Fiscal Year 2023- 2024 Budget Adjustment of $1,500,000 from the Deferred Maintenance, Capital Assets, & Infrastructure Reserves to Capital Improvement Project Number 7022- 06 – La Paz Road Earth Movement Evaluation, Mitigation, & Remediation for the construction of two-way traffic along La Paz Road from Rancho Niguel Road to Kings Road and increase the total appropriation for all funds in Fiscal Year 2023-24 to $62,397,977.
Motion carried 5-0.
2. Introduction of Ordinance No. 2023 -224 Amending the Construction and Demolition Waste Recycling Program and the Organic Waste Disposal Reduction Requirements to the Laguna Niguel Municipal Code
Management Assistant Kevin O’Connor provided a report on the introduction of Ordinance No. 2023- 224 amending the construction and demolition waste recycling program and the organic waste disposal reduction requirements to the Laguna Niguel Municipal Code.
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COUNCIL QUESTIONS
Mayor Pro Tem Oddo inquired about whether businesses may paya fee f or getting a waiver instead of applying. Management Assistant O’Connor responded that there is no application or payment required for the waiver and it is designed so that if the business does not have the space to manage organic waste or they produce less than 20 gallons per week of organic waste, then they are able to receive a waiver and not have to recycle organic waste. Mayor Pro Tem Oddo inquired about current businesses composting.
Management Assistant O’Connor responded that most of the businesses in the city are enrolled in SB 1383 regulations and organics recycling. He stated that very few businesses would qualify for a waiv er and explained that the ordinance presented is intended for a small group of businesses such as a dentist’s office who doesn’t produce a lot of organic waste, but because of the way the regulations are currently written they must subscribe to organic was te services. He shared that the waivers are intended to allow them the opportunity to opt-out of this process and not subscribe to an unnecessary service. Mayor Pro Tem Oddo inquired about restaurants being able to donate food beginning January 2024. Manag ement Assistant O’Connor responded that SB 1383 beginning in 2023 restaurants are required to be part of a process with two main organizations in the city, Mercy Warehouse and South County Outreach. He shared that the restaurant would enroll into the programs and if the restaurant is above a certain size, then the edible food would be recovered. Mayor Pro Tem Oddo inquired about the amount of money set aside for the construction and demolition permits program. City Manager Letourneau responded that there is money that has been collected by forfeited deposits from the construction and demolition permits since 2003. Finance Director Trevor Agrelius stated that approximately $200,000 has been collected thus far and it is sitting in a liability account until it is recognized. Mayor Pro Tem Oddo inquired if the money would be line itemed when recognized. Finance Director Agrelius responded that it will likely fall in a recycling income line item. Mayor Pro Tem Oddo inquired about a portion of the money being used for education of the program. City Manager Letourneau responded yes, a s that the city has consultant contracts that assist in complying with the state’s requirements and education efforts in the city.
Council Member Gennawey thanked Management Assistant Kevin O’Connor for his report and presentation.
Mayor Jennings opened Public Comments.
There were no public comments.
Mayor Jennings closed Public Comments.
COUNCIL COMMENTS
There were no further comments.
A MOTION was made by Council Member Gennawey , seconded by Mayor Pro Tem Oddo, to:
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1. Waive full reading, make any amendments to, and introduce Ordinance No. 2023-224 by title:
ORDINANCE NO. 2023-224
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
AMENDING DIVISION 3 OF TITLE 6 OF THE LAGUNA NIGUEL
MUNICIPAL CODE REGARDING CONSTRUCTION AND DEMOLITION
WASTE RECYCLING PROGRAM AND ORGANIC WASTE DISPOSAL
REDUCTION REQUIREMENTS, AND MAKING A DETERMINATION OF
EXEMPTION UNDER CEQA IN CONNECTION THEREWITH
2. Direct that the proposed ordinance be placed on the agenda for the September 5, 2023, City Council Meeting for adoption.
Motion carried 5-0.
OTHER BUSINESS/COUNCIL REPORTS
1. Council Reports
Council Member Johns shared that he attended a business red ribbon cutting and shared that there are three new businesses in the city. He shared that he served as a lane monitor for the Special Olympics bowling event and encouraged the residents to volunteer. He thanked Mayor Pro Tem Oddo for hosting the Wildfire Insurance Town Hall. He thanked the Chief of Police Services for hosting the annual BBQ.
Council Member Winstead shared that she also attended the Police Services BBQ and the AOH Salon ribbon cut ting. She encouraged the residents to be patient and be early now that school has started and she thanked Police Services for their service.
Council Member Gennawey shared that during the pandemic many businesses had shut down and now spaces are re- opening and thriving. He shared and encouraged the residents to attend the Sea Country Festival taking place August 25 -27.
Mayor Pro Tem Oddo shared that she attended a fire safety briefing and thanked OCFA Chief Hunter and City Manager Letourneau. She shared that Ricardo Lara and the California Department of Insurance visited the city for a Wildfire Insurance Town Hall. She shared that the residents are facing higher property insurance rates and it does not look like it will change anytime soon. She shared that there are things residents can do to fire harden their home and recommends for residents to call their insurance companies for more information on the available discounts. She encouraged residents to be vigilant and trim vegetation in open spaces. She congratulated those who started the school year.
Mayor Jennings spoke on the Maui wildfire, sent her condolences, and encouraged the residents to help those who were affected by the fire. She congratulated those who started
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the school year. She also shared and encouraged the residents to attend the Sea Country Festival.
2. City Manager/Department Reports
Parks and Recreation Director Rivera gave an update on the upcoming Sea Country Festival being held August 25-27. 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 Community Stage and encouraged the residents to attend the festival.
ADJOURNMENT
Mayor Jennings adjourned the Regular City Council Meeting at 8:26 p.m.
Respectfully submitted,
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Marissa J. Asistin, CMC, City Clerk