_________________________________________________________________________________________________________ City Council Special Minutes Page 1 of 1 September 13, 2023
LAGUNA NIGUEL CITY COUNCIL
Minutes of the Special City Council Meeting
September 13, 2023 – 4:00 p.m.
CALL TO ORDER – Mayor Jennings called the Special City Council meeting on September 13, 2023, to order at 4:03 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
PLEDGE OF ALLEGIANCE – Mayor Pro Tem Oddo
PUBLIC COMMENTS
There were no public comments.
CLOSED SESSION
Following Assistant City Manager Martin ’s announcement of the Closed Session, City Council recessed to closed session for discussion on the following matters:
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager
CLOSED SESSION REPORT
City Manager Letourneau reported that there was no reportable action taken during closed session.
ADJOURNMENT
Mayor Jennings adjourned the meeting at 6:16 p.m.
Respectfully submitted by:
_____________________________
Marissa J. Asistin, City Clerk
City Council Regular Meeting Minutes Page 1 of 8 September 19, 2023
LAGUNA NIGUEL CITY COUNCIL
Minutes of the Regular City Council Meeting
September 19, 2023
7:00 p.m. – Regular Meeting
CALL TO ORDER AND ROLL CALL – Mayor Jennings called the Regular City Council Meeting to order at 7:00 p.m.
Mayor Kelly Jennings – Present
Mayor Pro Tem Stephanie Oddo – Present
Council Member Ray Gennawey– Present
Council Member Gene Johns – Present
Council Member Stephanie Winstead – Present
INVOCATION – Pastor Jim Szeyller, Laguna Niguel Presbyterian Church
PLEDGE OF ALLEGIANCE – Boy Scout Troop #700
PRESENTATIONS
1. Proclamation Declaring Constitution Week
Mayor Jennings presented a proclamation, declaring it Constitution Week. The proclamation was received by Daughters of the American Revolution Chairperson, Barbara Kula. Ms. Kula thanked the city for the recognition and spoke on behalf of Daughters of the American Revolution.
PUBLIC COMMENTS
Berty Chang spoke on the achievement of the National Championship by the L aguna United Football Club’s B2006 team and thanked the City for their continued support.
Jennifer Barb spoke favorably regarding the summer programs offered by the City.
CONSENT CALENDAR
Consent calendar Item No. 6 was pulled from the consent calendar.
A MOTION was made by Mayor Pro Tem Oddo , seconded by Council Member Gennawey, to approve the Consent Calendar as presented.
Motion carried 5-0.
1. Warrants of September 19, 2023
Approved as written.
City Council Regular Meeting Minutes Page 2 of 8 September 19, 2023
2. Payroll Summary Register
Approved as written.
3. Minutes of the Regular City Council Meeting on September 5, 2023
Approved as written.
4. Authorization to Submit the 2022 -2023 Community Development Block Grant Consolidated Annual Performance and Evaluation Report to the US Department of Housing and Urban Development
Authorized staff to submit the Community Development Block Grant (CDBG) Program Year 2022-2023 Consolidated Annual Performance and Evaluation Report (CAPER) to the United States Department of Housing and Urban Development (HUD).
5. Adoption of Resolution 2023 -1449, Reaffirming and Extending the Existing Proclamation of Local Emergency in Connection with the Recent Earth Movement Under La Paz Road
Adopted Resolution No. 2023- 1449, reaffirming and extending the proclamation of local emergency in connection with the recent earth movement under La Paz Road.
7. Cancellation of the November 21, 2023 Regular City Council Meeting and Rescheduling the Selection of Mayor and Mayor Pro Tem to the November 7, 2023 Regular City Council Meeting
1. Cancelled the Regular City Council meeting scheduled for Tuesday, November 21, 2023; and,
2. Rescheduled the Selection of Mayor and Mayor Pro Tem to the November 7, 2023 Regular City Council Meeting.
8. Award of Maintenance Services Agreement for Pool Maintenance and Repairs Services with Knorr Systems Int’l., LLC and Waterline Technologies Inc.
1. Awarded the Maintenance Services Agreement for Pool Maintenance and Repair Services to Knorr Systems Int’l., LLC, and Waterline Technologies, Inc. in the not -to-exceed amoun t of $75,000 per year for Fiscal Years 2023- 24 through 2025-26 for each vendor, subject to extension administratively for two additional one-year periods;
2. Approved a not -to-exceed 20% contingency per year of the contract in the amount of $15,000 per vendor for unforeseen conditions or extra work and authorized the Public Works Director/City Engineer to approve additional work with Knorr Systems Int’l., LLC, and Waterline Technologies, Inc. for a total not- to-exceed amount of $90,000 per year per vendor, if needed; and,
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3. Authorized the City Manager to execute the agreement and future amendments to the Maintenance Services Agreement with Knorr Systems Int’l., LLC, and Waterline Technologies, Inc. subject to the City Attorney making non- substantive changes.
9. Approval of Amendment No. 3 to the On-Call Professional Services Agreement with Ardurra Group, Inc. for the Golden Lantern Median Modifications at Serenity Lane Project
1. Approved Amendment No. 3 to the On- Call Professional Services Agreement with Ardurra Group, Inc. to provide engineering design services for the Golden Lantern Median Modifications at Serenity Lane Project for a not -to-exceed amount of $54,820;
2. Approved a not-to-exceed 10% contingency of the total contract in the amount of $5,482 for unforeseen conditions or extra work and authorized the Public Works Director/City Engineer to approve additional work for a total not -to- exceed amount of $60,302 if needed; and,
3. Authorized the City Manager to execute Amendment No. 3 to the On- Call Professional Services Agreement with Ardurra Group, Inc., subject to the City Attorney making non-substantive changes.
ITEM PULLED FROM CONSENT CALENDAR
6. Award of Professional Services Agree ment for Niguel Hills Neighborhood Traffic Study to RK Engineering Group, Inc.
Councilmember Winstead shared that the traffic study has been a l engthy project and asked staff to elaborate on the history of the project to further understand why the City Council is being requested to allocate over $82,000 on a project that has previously had engineering studies completed.
Public Work Director Jacki Scott provided a presentation and overview on the Niguel Hills Neighborhood Traffic Study.
Councilmember Winstead shared her appreciation for the focus on public outreach and consensus building to those living in the neighborhood . She shared that she served on the Traffic and Transportation Commission in 2015 and 2016, feeling the frustration of the residents and hopes that they can come to a consensus and have their concerns alleviated.
Mayor Pro Tem Oddo shared that she has spoken with neighbors that are very concerned and stated that Laguna Niguel takes public safety very seriously. She stated that it has been a long- standing issue and is looking forward to tackl ing the problem. She shared her hope to get results and that the main concern is that part of the project is to “build consensus on proposed traffic calming solutions amongst a neighborhood without an
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HOA”. Mayor Pro Tem Oddo encouraged the residents to work hard to build consensus and that neighborhood leaders are needed to work with this project to make it successful.
She shared her hope that the neighborhood and residents will get a safer street as a result.
Council Member Gennawey shared that he was at the April 26 th Traffic and Transportation
Commission meeting and that it was a productive meeting with well over 60 resi dents showing up and collaborating by providing input. He shared that there was 100% buy in from all the residents who attended to move forward with the traffic study. He added that there were a number of options on the table as to what the city could do but the residents were all in favor of an all -encompassing traffic study for that area. Council Member Gennawey shared his support for the traffic study.
Council Member Johns shared that he had sat through several Traffic and Transportation Commission meetings over the years and the problem was that the area would handle the issue on one street, and it would start happening on another street. He added that the comprehensive study will look at the entire area and come up with a solution that will hopefully help all.
A MOTION was made by Council Member Winstead, seconded by Mayor Pro Tem Oddo to:
1. Approve the Professional Services Agreement for the Niguel Hills Neighborhood Traffic Study to RK Engineering Group, Inc. in the not-to-exceed amount of $75,065;
2. Approve a not -to-exceed 10% contingency of the contract in the amount of $7,507 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 $82,572, if needed; and,
3. Authorize the City Manager to execute the agreement and future amendments to the Professional Services Agreement with RK Engineering Group, Inc., subject to the City Attorney making non-substantive changes.
Motion carried 5-0.
PUBLIC HEARING
1. Second 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 an educational presentation on the process, timeline, laws, and mapping tools related to transitioning to by-district elections.
COUNCIL QUESTIONS
City Council Regular Meeting Minutes Page 5 of 8 September 19, 2023
Council Member Gennawey asked for clarification about census blocks. The Redistricting consultant answered that the census does not draw the census blocks with the city in mind which results in census blocks in the middle of a neighborhood making it an isolated area. Council Member Gennawey asked for clarification about where the maps go when someone clicks on share to gallery. The c onsultant shared that the maps will go to the main page under the Public Gallery and all maps will be presented and can be viewed by the public. Council Member Gennawey asked if once a map is shared to the gallery if it becomes a public map and if the City Council will be able to evaluate the map. The consultant responded in the affirmative. Council Member Gennawey asked if anybody could submit a map , even if they are not a resident of Laguna Niguel. The c onsultant responded in the affirmative. Council Member Gennawey asked if Redistricting Partners have a process of changing maps or filtering draft maps that have been created and submitted by the public. The c onsultant answered that the City Council will see the map exactly as it was created, and added that if the City Council sees a map they like from the public they are able to make modifications to the map to make it meet legal standards, and it will be presented further as a modified map. Council Member Gennawey asked if a modified map were to be provided if the City Council will be shown the modifications made to the map. The consultant answered in the affirmative adding that they would have access to the original map for comparison. The consultant suggested that maps created by the Council Members be identified and discouraged them from sharing the maps they create with each other through email.
Council Member Johns aske d about other ways maps can be submitted by the public.
The c onsultant answered that a paper mapping tool has been created for submitting physical maps, and maps can also be submitted in other formats.
Council Member Gennawey asked for clarification i f the number of people in an ideal district was 13,300. The consultant answered in the affirmative.
Council Member Winstead inquired how heavily the public’s suggestions and communities of interest will be considered when drafting the proposed maps. The consultant responded that the weighing of the maps is something that the City Council will do. The consultant added that people can continue to submit maps throughout the process, but three draft maps from the demographer will also be submitted to City Council following the October 24
th deadline.
Mayor Pro Tem Oddo asked for clarification if the draft ma ps would be presented at the third public hearing on November 7, 2023. The consultant answered in the affirmative and shared that the draft maps would be available on the website seven days prior to the public hearing. Mayor Pro Tem Oddo asked for clarific ation of the maps that will be presented to the City Council. The consultant answered that he will present the three draft maps created by Redistricting Partners as well as discuss what public maps have been submitted. Assistant City Manager Justin Martin shared that the maps submitted by the public will be ranked under three different criteria: viable, non-viable, and viable with minor modification made. The c onsultant also added that the public should submit their maps by October 24, 2023 if they want their public submission t o influence the November 7 th
hearing, but that the public can continue to submit maps until the final hearing. Mayor Pro Tem Oddo asked if maps submitted after the October 24th date and before the December
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5th public hearing could be taken into consideration and be modified. The c onsultant answered in the affirmative and added that all discussion on maps will be done in public meetings.
Council Member Gennawey asked for clarification on the qualifications of the viability of maps. The consultant answered that they look for the objective measurable criteria, equal population, and contiguity.
Mayor Jennings opened the Public Hearing to take testimony.
Cheryl Frink, Gregory Clements, and Jennifer Barb spoke on by-district elections and the drawing of City Council Districts maps. Cheryl Frink submitted a hard copy draft map.
Mayor Jennings closed the Public Hearing.
COUNCIL DISCUSSION
Council Member Gennawey shared that the city has been doing community outreach by posting notifications about the public hearing on social media. He directed those who are interested in submitting a map or learning more about the process to view the recording of the Special City Council Meeting held on July 26, 2023, on YouTube and visit the city website, www.cityoflagunaniguel.org/districting
, for more information. Council Member
Gennawey stated that the City Council will be promoting the district elections process through their different channels to encourage participation in the process.
Mayor Jennings stated that the City Council’s goal is to act as one, to not have a separate budget, and to put policies in place that would secure that goal. She stated that the process for districting is only for the elections and is not how the City Council will govern the city. Mayor Jennings stated that the current situation is unfortunate, and the City Council does not want district elections , but input from the community is important because it matters how we go forward as a city.
Council Member Winstead shared that she has spoken with residents of other cities in Orange County who have district based elections and they had nothing good to say because they mentioned that they only have one council member rather than five council members. She stated that the C ity Council will continue to represent the entire city regardless of if you are in their district or not. Council Member Winstead stated that she does not think that budgeting a line item for each City Council member for projects within their designated district, a practice done in other district -based election cities, is a good idea or practice.
Council Member Gennawey stated that the City Council’s goal is that every Laguna Niguel City Council Member will represent every Laguna Niguel resident. He added that the districts will not matter when it comes to the representation of the residents. He shared his concurrence with Council Member Winstead when it comes to segmenting portions of the budget for certain areas of the city. Council Member Gennawey shared that he anticipates that City Council will come forward with some resolution to cement the idea in the City Council Policies and Procedures that every City Council member will serve every
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resident regardless of which district they are elected in.
A MOTION was made by Council Member Gennawey, seconded by Council Member Winstead to:
Accept the maps from the public and prepare at least three draft maps based on the council input and required ranking criteria.
Motion carried 5-0.
OTHER BUSINESS/COUNCIL REPORTS
1. Council Reports
Council Member Winstead shared that she attended the Aliso Niguel High School 30 th
anniversary celebration, the American Legion Auxiliary Girls State, and a Cub Scout meeting. She shared that the ribbon cutting for the new Zesty Olive restaurant would take place on Wednesday, September 20th at noon. She encouraged the community to attend the Twisted Gypsy concert at Crown Valley Park or the Dana Hills High School homecoming football game on Friday, September 22 nd. She shared that the USS Stockdale will have a car wash on October 7 th at Plaza De La Paz. She shared that the Laguna Niguel Chamber of Commerce is having a Women Who Mean Business luncheon on November 9th.
Council Member Johns shared that he attended the American Legion Auxiliary Girls State and congratulated the young women that participated.
Council Member Gennawey shared that he attended the Aliso Ni guel High School 30 th
Anniversary celebration and a Cub Scout meeting. He shared that it has been a difficult week for law enforcement and fire personnel in the region of Southern California due to recent events and recognized their work and thanked them for all that they do.
Mayor Pro Tem Oddo shared that for the first time in eleven years, the Orange County Housing Authority has opened up applications for the Housing Voucher Program and that the application period is open until September 29
th. She encouraged residents who are in
need to apply. She shared that Dana Hills High School is collecting recyclables on September 23
rd and October 7th from 10 a.m. to 12 p.m. to benefit their PTA. Mayor Pro Tem Oddo spoke about and recognized September 11, 2001. She shared that she attended the American Legion Auxiliary Girls State.
Mayor Jennings thanked police and fire personnel for their service and recognized September 11, 2001. She shared that she attended the first Junior Civic Workshop for the school year and encouraged the community to don ate food and volunteer at food banks for Hunger Action Month.
2. City Manager/Department Reports
Division Chief Baryic Hunter provided an Orange County Fire Authority Quarterly Report.
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ADJOURNMENT
Mayor Jennings adjourned the Regular City Council Meeting at 8:35 p.m.
Respectfully submitted,
__
Marissa J. Asistin, CMC, City Clerk