City Council Regular Meeting Minutes Page 1 of 7 September 5, 2023
LAGUNA NIGUEL CITY COUNCIL
Minutes of the Regular City Council Meeting
September 5, 2023
6:00 p.m. – Regular Meeting
CALL TO ORDER AND ROLL CALL – Mayor Jennings called the Regular City Council Meeting to order at 6:00 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
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: 1
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.
INVOCATION – Father Patrick Moses, St. Timothy Catholic Church
PLEDGE OF ALLEGIANCE – Council Member Johns
PRESENTATIONS
1. Proclamation Declaring Hunger Action Month
Mayor Jennings presented a proclamation, recognizing September as “Hunger Action Month”. The proclamation was received by Second Harvest Food Bank of Orange County Director of Operations , Chrislynn VanSkiver. Ms. VanSkiver thanked the city for the recognition and spoke on behalf of Second Harvest Food Bank of Orange County.
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2. Proclamation for Hispanic Heritage Month
Mayor Jennings presented a proclamation declaring September as “Hispanic Heritage Month”.
PUBLIC COMMENTS
Michael Cornett spoke on parking issues in the Niguel Ranch community.
CONSENT CALENDAR
Consent calendar Items No. 6 and 7 were pulled from the consent calendar.
A MOTION was made by Mayor Jennings , seconded by Council Member Johns , to approve the Consent Calendar as presented.
Motion carried 5-0.
1. Warrants of September 5, 2023
Approved as written.
2. Payroll Summary Register
Approved as written.
3. Investment Report as of July 31, 2023
Approved as written.
4. Minutes of the Regular City Council Meeting on August 15, 2023
Approved as written.
5. Approval of Plans and Specifications for Pacific Island Drive Drainage Improvements, Cash Contract No. 21- 27, and Authorization to Advertise the Project for Bids
1. Approved the Plans and Specifications for the Pacific Island Drive Drainage Improvements, Cash Contract No. 21-27; and
2. Authorized staff to advertise the project for bids.
8. Approval of Amendment No. 1 to the Professional Services Agreement with Mike Linares, Inc.
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1. Approved Amendment No. 1 to the Professional Services Agreement with Mike Linares, Inc. to provide additional grant management services in the amount of $30,000 for a total not to exceed amount of $146,500 through June 30, 2025; and,
2. Authorized the City Manager to execute Amendment No. 1 to the Professional Services Agreement between the City and Mike Linares, Inc., and future amendments to the agreement, subject to the City Attorney making non- substantive changes.
9. Approval of Amendment No. 2 to the Professional Services Agreement with Park Consulting Group, Inc. to Provide On- Call Land Management Software (LMS) Implementation Services
1. Approved Amendment No. 2 to the Professional Services Agreement with Park Consulting Group, Inc. to provide on-call land management software services, to replace the annual not to exceed amount of $150,000 for three years ($450,000 aggregate) with a total not to exceed amount of $450,000 through June 30, 2025; and,
2. Authorized the City Manager to execute Amendment No. 2 to the Professional Services Agreement between the City and Park Consulting Group, Inc., and future amendments to the agreement subject to the City Attorney making non- substantive changes.
10. Amendment No. 1 to the Professional Services Agreement with Westamerica Communications, Inc. for the Publication and Distribution of Recreation Brochures and Postcards
1. Approved Amendment No 1. to the Professional Services Agreement for the publication and distribution of recreation brochures and postcards with Westamerica Communications, Inc.; and
2. Authorized the City Manager to execute the amendment and future amendments to the Professional Services Agreement subject to the City Attorney making non-substantive changes.
11. Second Reading and Adoption 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
Conducted a second reading, by title only, and adopted Ordinance No. 2023-224:
ORDINANCE NO. 2023-224
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
AMENDING DIVISON 3 OF TITLE 6 OF THE LAGUNA NIGUEL MUNICIPAL
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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
ITEM PULLED FROM CONSENT CALENDAR
6. Approval of the Safe Streets and Roads for All (SS4A) FY22 Grant Agreement
Mayor Pro Tem Oddo shared that the approval of the grant agreement will allow the city to look at how people can safely walk, cycle, and e- bike. Mayor Pro Tem Oddo shared that as an example the city will be provided a description of lessons learned and recommendations related to future project strategies to prevent death and serious injuries on roads and streets. Mayor Pro Tem Oddo congratulated staff on pursuing the grant.
A MOTION was made by Mayor Pro Tem Oddo, seconded by Council Member Gennawey to:
1. Approve the Safe Streets and Roads for All (SS4A) FY22 Grant Agreement; and,
2. Authorize the City Manager to execute the agreement.
Motion carried 5-0.
7. Award of Maintenance Services Agreement for Citywide On -Call Tree Maintenance Services with Golden West Arbor Services, Inc.
Mayor Pro Tem Oddo inquired about the total amounts of money spent and budgeted for the past fiscal year , and the total amounts budgeted for the current fiscal year of 2023-
24. City Manager Letourneau stated that $208,243 was spent and $240,000 was budgeted for the last fiscal year. City Manager Letourneau stated that $300,000 was budgeted for current fiscal year 2023- 24. Mayor Pro Tem Oddo inquired about the contract amount and the not -to-exceed 20% contingency. City Manager Letourneau reconfirmed the contract amount and not -to-exceed 20% contingency amount , totaling $300,000.
Council Member Gennawey thanked Public Works Director Scott for providing additional information about the overall costs and submitted proposals included in the RFP process.
Council Member Gennawey stated that he is comfortable with the service the city is selecting.
A MOTION was made by Council Member Gennawey , seconded by Mayor Pro Tem Oddo to:
1. Award the Maintenance Services Agreement for Citywide On- Call Tree Maintenance Services to Golden West Arbor Services, Inc. in the not-to-exceed
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amount of $250,000 per year for Fiscal Years 2023- 24 through 2025- 26, subject to extension administratively for two additional one-year periods;
2. Approve a not-to-exceed 20% contingency per year of the total contract in the amount of $50,000 per year for Fiscal Year 2023- 24 through 2025- 26 for unforeseen conditions or additional work and authorize the Public Works Director/City Engineer to approve change orders to the agreement with Golden West Arbor Services, Inc., for a total not -to-exceed amount of $300,000 per year if needed; and,
3. Authorize the City Manager to execute the Maintenance Services Agreement and future amendments to the agreement for Citywide On -Call Tree Maintenance Services with Golden West Arbor Services, Inc., subject to the City Attorney making non-substantive changes.
Motion carried 5-0.
PUBLIC HEARING
1. Approval First Public Hearing to Consider Composition of Districts For By - District Elections
City Attorney Smith introduced the public hearing item and the city’s contracted consultant demographer, Redistricting Partners, provided a n educational presentation on the process, timeline, and laws related to transitioning to by-district elections.
COUNCIL QUESTIONS
Council Member Gennawey asked for clarification about the equal population criteria and asked if the criteria is based on the number of people regardless of voting age that the districts need to be equal in size. The Redistricting Partners representative answered yes, .and further s tated that the Supreme Court has ruled (in a case from TX ) that redistricting be based on the total population , with a the rational e being that it was the only hard number in the census.,
Mayor Jennings opened Public Comments.
Cheryl Frink spoke against by-district elections.
Mayor Jennings closed Public Comments.
COUNCIL DISCUSSION
Council Member Gennawey shared that the City Council did not w ant to go to district based elections and that this was stated clearly during the July 26, 2023 h Special City
Council meeting. Council Member Gennawey encouraged residents who have questions about redistricting to watch the July 26, 2023 Special City Council meeting . Council Member Gennawey shared that the City Council spoke in- depth about what the law is,
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how it is a terribly written law, and is for plaintiffs’ attorneys written by plaintiff’s attorneys.
Council Member Gennawey shared that the City Council stood firm and resolute that we will be united and function as one city, and agrees that regardless of how the process ends up, every Laguna Niguel C ity Council Member will continue to represent every Laguna Niguel resident. Council Member Gennawey stated that the current process is a result of a bad law, and the city is following the process set forth in the California Voting Rights Act , and encouraged interested residents to participate in the map drawing process.
Council Member Johns shared his concurrence with Council M ember Gennawey and stated that the city has been forced into establishing districts, and that the City Council will do the best they can with what they have been dealt. Council Members Johns shared that the decisions that have come down in courts have not gone in a direction that gives the city an avenue to pursue. Council Member Johns stated that the City Council will continue to govern the City as a whole, , and not as individualized district areas.
Mayor Jennings stated that she is against the city moving towards district elections and is comforted knowing that the entire City Council feels the same way. Mayor Jennings shared that the problem comes from another example of Sacramento creating a one size fits all law, which the City of Laguna Niguel neither needed nor asked for, and that since day one the City of Laguna Niguel city wide elections have resulted in diverse representation being elected to City Council, and that has resulted in the City of Laguna Niguel being one of the saftest cities in the nation, having balanced budgets, zero debt, and the lowest possible taxes in California. Mayor Jennings stated that she believes that the California Voters Right Act is unnecessary for the City of Laguna Niguel and while it may have some relevance in other cities, it is not needed in the City of Laguna Niguel.
Mayor Jennings stated that district elections were forced upon the City of Laguna Niguel by lawyers outside of the city , and added that not one city that has challenged the California Voters Right Act has won. Mayor Jennings stated that by transitioning to districts, resident tax dollars w ill be protected and would not be wasted on paying expensive fees to opportunistic attorneys , as she would never condone that. Mayor Jennings thanked those who attended the Public Hearing for their interest and involvement in the process.
OTHER BUSINESS/COUNCIL REPORTS
1. Council Reports
Council Member Winstead shared that she attended the Niguel Hills Middle School Career Center grand opening and thanked the school district, PTA, and staff for their contributions. Council Member Winstead spoke positively on the Sea Country Festival and the volunteers and organizations that attended.
Council Member Johns thanked staff for the work put into the Sea Country Festival and recognized that it brought people from other cities to Laguna Niguel . Council Member Johns shared that he attended his first Orange County Mosquito and Vector Control District meeting a s well as another local ribbon cutting event. Council Member Johns
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shared that September 4th was National Wildlife Day and encouraged residents to think about wildlife.
Council Member Gennawey thanked staff and everyone who attended the Sea Country Festival as it was a great experience for the community.
Mayor Pro Tem Oddo thanked staff for their work on the Sea Country Festival. She shared that she listened to Orange County Supervisor’s Foley and Sarmento’s hearing on climate resiliency and encouraged her City Council colleagues to also listen to it. Mayor Pro Tem Oddo shared that the climate conversations group is still meeting and has identified the area of interests that they will be focusing on, with the next meeting taking place on September 14
th at 1 p.m. Mayor Pro Tem Oddo also welcomed the new Grocery Outlet to the city.
Mayor Jennings spoke further on the importance of the proclamation declaring September as “Hunger Action Month”. Mayor Jennings thanked the staff and volunteers who worked at the Sea Country Festival and shared her praise for a wonderful community event.
2. City Manager/Department Reports
Chief of Police Services Isaac Flores provided a Police Services Quarterly Report.
ADJOURNMENT
Mayor Jennings announced that the meeting would be adjourned in the memory of Dr.
Darrell Burnett. Mayor Jennings invited Council Member Gennawey to say a few words regarding Dr. Burnett’s significant contributions as a local champion f or the Little Leage Challenger Division.
Mayor Jennings adjourned the Regular City Council meeting at 8:18 p.m.
Respectfully submitted,
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Marissa J. Asistin, CMC, City Clerk