City Council Regular Meeting Minutes Page 1 of 12 November 7, 2023
LAGUNA NIGUEL CITY COUNCIL
Minutes of the Regular City Council Meeting
November 7, 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 – Jan Sherertz, First Church of Christ, Scientist, Laguna Niguel
PLEDGE OF ALLEGIANCE – Junior Girl Scout Troop #8597
PUBLIC COMMENTS
Lori Roberts, Jeff Roberts, Carson Lev, Maureen Driessen, Don Rucker, and Liz Avila spoke on state-licensed detox facilities in the city including locations on Mallorca.
Joann Davis spoke on an incident with E-bikes at the County of Orange Laguna Niguel Regional Park.
Aniko Sherry spoke on various issues within the Rancho Niguel community.
Ann Mudry spoke on a recent inspection of her home and the excellent service she received.
Sanah Akbari spoke on various updates from Orange County 5 th District Supervisor
Katrina Foley’s office.
Gorton Vallezy spoke on various city, state, and county issues.
CONSENT CALENDAR
Council Members Winstead and Johns pulled Item No. 8 for discussion.
A MOTION was made by Council Member Gennawey , seconded by Mayor Pro Tem Oddo, to approve the remainder of the Consent Calendar as presented.
Motion carried 5-0.
1. Warrants of November 7, 2023
Approved as written.
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2. Payroll Summary Register
Approved as written.
3. Investment Report as of September 30, 2023
Approved as written.
4. Annual Investment Report for Fiscal Year 2022-2023
Received and filed the City’s Annual Investment Report for Fiscal Year 2022-2023.
5. Minutes of the Regular City Council Meeting on October 17, 2023, Minutes of the Special City Council Meeting on October 24, 2023 and Minutes of the Special City Council Meeting on October 25, 2023
Approved as written.
6. Adoption of Resolution 2023 -1451, Reaffirming and Extending the Existing Proclamation of Local Emergency in Connection with the Recent Earth Movement Under La Paz Road, and Delegate to the City Manager the Authority to Award and Execute a Contract for Emergency Construction Services
1. Adopted Resolution No. 2023- 1451, reaffirming and extending the proclamation of local emergency in connection with the recent earth movement under La Paz and delegate to the City Manager the authority to award and execute a contract for emergency construction services; and,
2. Authorized the City Manager to execute the Agreement for Construction Services Long- Term Phase II Project, Cash Contract 23- 17 up to a not -to- exceed amount of $1,500,000 with a contractor that will be determined through the formal bid process.
7. Award of Construction Contract to Gentry General Engineering, Inc. and CT&T Concrete Paving Inc. for the Citywide Concrete Infrastructure and Repairs Project, Cash Contract No. 23-13
1. Awarded the Construction Contract for the Citywide Concrete Infrastructure and Repairs Project, Cash Contract No. 23-13, to Gentry General Engineering, Inc., and CT&T Concrete Paving, Inc. in the not-to-exceed amount of $199,000; and
2. Authorized the City Manager to execute the Construction Contract for the Citywide Concrete Infrastructure and Repairs Project, Cash Contract No. 23- 13 with Gentry General Engineering, Inc., and CT&T Concrete Paving, Inc., subject to the City Attorney making non-substantive changes.
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9. Approval of Plans and Specifications for La Paz Road Long- Term Phase II Project, Cash Contract No. 23-17, and Authorization to Advertise the Project for Bids
1. Approved the plans and specifications for the La Paz Road Long- Term Phase II Project, Cash Contract No. 23-17; and,
2. Authorized staff to advertise the project for bids.
10. Award of Maintenance Services Agreements for Citywide Street Banner Installation and Maintenance Services to Creative Commercial Services
1. Awarded the Maintenance Services Agreement for Citywide Street Banner Installation and Maintenance Services to Creative Commercial Services in the not-to-exceed amount of $75,000 per year for Fiscal Years 2023- 24 through 2025-26, subject to extension administrati vely 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 for unforeseen conditions or extra work and authorize the Public Works Director/City Engineer to approve additional work with Creative Commercial Services for a total not -to-exceed amount of $90,000 per year, if needed; and,
3. Authorized the City Manager to execute the agreement and future amendments to the Maintenance Services Agreement with Creative Commercial Services, subject to the City Attorney making non-substantive changes.
11. Approval of Multi-Year Professional Services Agreements and Amendments for On-Call Professional Services in Support of Community Development Department Functions
1. Approved Multi-Year Professional Services Agreements and Amendments for On-Call Professional Services with the following firms (listed alphabetically):
• Becky Caha
• Civic Solutions, Inc.
• RSG, Inc.
• Sage Environmental Group
• Stephanie Tomaino dba City Advisors
2. Authorized the City Manager to execute the Multi -Year Professional Services Agreements and Amendments to the agreements, subject to the City Attorney making non-substantive changes.
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ITEM PULLED FROM CONSENT CALENDAR
8. Award of Construction Contract to Alfaro Communications Construction Inc. for the Traffic Signal Equipment Upgrades Project, Cash Contract No. 23-07
Councilmember Winstead shared that the city has aging traffic signal equipment, and that the funds will go a long way to making some of the most highly trafficked intersections safer. She added that the expenditure will help improve the safety of those intersections.
Councilmember Johns shared that there are 78 equipment boxes in the city that are 20 to 40 years old and that it is great to see the city’s infrastructure being improved. He added that the upgrades will help alleviate the problems caused when lights break down and that he would like to see that all 78 of the equipment boxes be completely replaced.
A MOTION was made by Council Member Winstead, seconded by Council Member Johns to:
1. Award the Construction Contract for the Traffic Signal Equipment Upgrades Project, Cash Contract No. 23-07 to Alfaro Communications Construction, Inc. in the amount of $234,097;
2. Authorize the Public Works Director/City Engineer to process change orders in an amount not to exceed 10% of the contract for $23,410, for a total not -to- exceed amount of $257,507, if needed;
3. Authorize the City Manager to execute the Construction Contract for the Traffic Signal Equipment Upgrades Project, Cash Contract No. 23- 07 with Alfaro Communications Construction, 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 5-0.
PUBLIC HEARING
1. Third 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 provided an educational presentation on the process, timeline, laws, and draft maps related to transitioning to by-district elections.
Mayor Jennings opened the Public Hearing.
Cheryl Frink spoke on the drawing of City Council Districts maps and her public map submittal with 4 Districts.
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Mayor Jennings closed the Public Hearing.
COUNCIL QUESTIONS
Council Member Gennawey asked for clarification on deviation discrepancies between the online platform , Districtr, and the map report provided by the consultant . The consultant answered that they calculate the total deviation by taking the smallest populated, the negative number with the least population, and then taking the highest deviation and adding the absolute value of both. The Redistricting consultant added that the deviation will look different on Districtr but it is still under the 10% requirement. Council Member Gennawey shared that it is confusing when people are drawing the maps on Districtr and think they have a population deviation close to zero and then the report says it’s actually a greater deviation. The consultant agreed with Council Member Gennawey and shared that Districtr is coming out with a new version for the next districting cycle which clarifies this discrepancy.
Mayor Pro Tem Oddo asked if more maps have been received since the October 24 th
deadline and if they had been assessed. The consultant answered that the two additional maps received after October 24 th had not been assessed yet. Assistant City Manager Justin Martin added that the maps received after the October 24 th deadline cannot be discussed given that they have not been received or noticed by October 31, 2023, seven days in advance of the public hearing. Mayor Pro Tem Oddo asked for clarification as to why having four districts is not viable for the city. The consultant answered that it was their understanding that the city was going forward with the five districts and in terms of the total deviation there is one district that has a population of 0%. City Attorney Scott Smith shared that the California Voting Rights Act limits fees that can be recovered from a demand and if the City Council makes a decision within the safe harbor of the act, that safe harbor is only for cities that go completely to districts but no at large overlay on top of the districts. City Attorney Smith added that the City Council decided that they were going to limit liability and the only way to do that was with five districts. He also added that there could be other claimants that could come with a new challenge in the future and on that advice the City Council opted to take the safest approach which is to consider five districts.
COUNCIL DISCUSSION
Mayor Jennings recommended moving forward with map number 199731.
Mayor Pro Tem Oddo recommended moving forward with map number 203848. Mayor Pro Tem Oddo shared that when she looks at the public maps she wants to see a little less population deviation and map 203848 has a 6.2% population deviation. She shared that when they look at the Fair Maps Act they have to decide on five criteria: equal population, contiguity, compactness, easily identifiable by natural or man- made boundaries, and communities of interest. Mayor Pro Tem Oddo shared that she felt that map 203848 met these criteria, adding that she liked the separation at Crown Valley Parkway which is a natural boundary in the City and that the map follows parts of Moulton, La Paz, and Aliso Creek, which are all major thoroughfares in the city. Additionally, Mayor Pro Tem Oddo highlighted that map 203848 keeps the golf course community together
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which has a similar community of interest. and it keeps central city amenities together like the community center, C ity Hall, Crown Valley Park, YMCA, and the Laguna Niguel Regional Park and that map 203848 mimics some Middle and High School boundary lines.
Council Member Gennawey thanked everybody who took the time to submit a map and directed those who are just learning about the districting process to watch the July 26 th
Special City Council Meeting to learn more about it. He shared that the primary goal is equal population size, contiguity, and compactness among all the other things that have been talked about. He added that the City Council wants to keep communities together but ultimately not every district is going to be able to keep every HOA together. Council Member Gennawey shared that there are roughly 120 HOA’s in the city and the main consideration is trying to get equal districts to really effectuate the constitutional principle with one person one vote so that no one person’s vote is weighted more than another.
Council Member Gennawey recommended moving forward with maps 203848, 199731, and 203079.
Council Member Winstead thanked everybody who took the time to submit a map and shared that her biggest concern was keeping neighborhoods and areas of common interests together while keeping the total deviation as small as possible to avoid having to redraw the districts in the near future. Council Member Winstead recommended moving forward with maps 199731, 203848, and 203079.
Council Member Johns shared that he purposely did not look at the mapping until after he received the maps from the residents and noticed that almost half of the maps drawn by the residents were very similar. He added that he looked at the maps and used the same reasoning that the rest of the City Council did; a small deviation, not trying to split up school districts and HOA ’s as much as possible. Council Member Johns recommended moving forward with maps 203079, 203521, 199731.
Council Member Winstead shared that she also would like to recommend moving forward with map 203521.
Council Member Johns shared that he wants to keep the deviation down to avoid the coming back in six years and re- do the districts. He recommended that the City Council not accept any of the demographer’s prepared draft maps and go with the maps that are drawn by the residents.
Mayor Jennings asked if it is better to have one map or to have more options selected.
The consultant answered that City Councils typically pick two to three maps to go forward with and that there is no pressure to pick one. She added that picking one map would allow getting into the details of each street and delve into the changes to get the map to look how the City Council wants.
Mayor Pro Tem Oddo shared that she also had map 199731 on her short list.
Mayor Jennings shared that she likes the low deviation of map 199731 with little to no changes needed.
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The Council discussed moving forward with one or multiple maps. Mayor Jennings proposed moving forward with map 199731. Council Member Winstead recommended moving forward with map 199731. Council Member Johns proposed moving forward with maps 199731 and 20 3079. Council Member Gennawey proposed moving forward with maps 199731, 203079, and 203848. Mayor Pro Tem Oddo recommended moving forward with maps 199731, 203079, and 203848.
A MOTION was made by Council Member Johns , seconded by Council Member Winstead to:
Elevate public submittal maps 199731, 203079, and 203848 to draft maps for final consideration at the December 5, 2023 public hearing.
Motion carried 5-0.
2. A Public Hearing to Consider Zoning Code Amendment ZCA 23-02 Introducing an Ordinance Amending Laguna Niguel Municipal Code Section 9 -1-95 to Establish Multifamily and Mixed -Use Residential Objective Development and Design Standards for Projects that Qualify for Streamlined Ministerial Review Under State Law; and Determining the Action to be Exempt from the California Environmental Quality Act Under State CEQA Guidelines Section 15061(b)(3)
Community Development Director Jonathan Orduna introduced the city’s contract planner, Stephanie Tomaino, who provided a presentation introducing an ordinance amending Laguna Niguel Municipal Code s ection 9- 1-95 to e stablish multifamily and mixed-use residential objective development and d esign standards for projects that qualify for streamlined ministerial review under state law; and determining the action to be exempt from the C alifornia Environmental Quality Act u nder state CEQA g uidelines section 15061(b)(3).
COUNCIL QUESTIONS
Mayor Pro Tem Oddo asked staff to speak to the letter received by the Kennedy Commission, recommending that the city request at least 15% of the housing to be affordable to low -income families. Contract Planner Tomaino answered that there is a growing number of State housing bills that have increased the number of types of housing projects that would be eligible but overall, the thing that all the housing bills have in common is that qualifying housing projects have an affordability component most of which require more than 15% affordability. She added that there was a recent State bill that required 100% affordability as well as additional criteria and in many cases adding the 15% is a little moot because of the many laws that are mandated. Mayor Pro Tem Oddo clarified that if an SP35 project goes through it will have affordable housing regardless of whether staff adds the recommendation of requesting 15% of the housing to be affordable to low-income families or not.
Council Member Winstead asked if there were any requirements or suggestions on fire retardant material or drought tolerant plants that could be added to the manual. Deputy
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Community Development Director John Morgan answered that it is already covered in the manual as it relates to Landscaping and in terms of how a structure would be built that would be subject to the California Building Code and Fire Code. He added that the manual is exclusively related to design. Council Member Winstead shared that she noticed that one of the styles in the manual has shake shingles as a roofing material and stated that it is probably not a good idea to have those in the city. Deputy Communit y Development Director Morgan shared that the design manual previously included wood shake as an option for a roof material which was pointed out by one of the planning commissioners and was subsequently removed from the manual. He added that any areas in the manual that reference some type of wood would be exclusively limited to the veneer of the building and would not be an acceptable roofing material.
Mayor Jennings opened the Public Hearing.
There were no public comments provided during the Public Hearing.
Mayor Jennings closed the Public Hearing.
COUNCIL DISCUSSION
Council Member Gennawey shared that the City Council had a special Study Session on the proposed architectural guidelines and the City Council had a great discussion about aesthetics and design. He added that they discussed the Tuscan and Farmhouse designs and left that discussion with the question of whether City Council wanted to take any of those designs out of the manual. Council Member Gennawey stated that he is not fond of the Tuscan design and would propose removing it from the design manual.
Mayor Pro Tem Oddo expressed her support for removing the Tuscan and Modern styles from the design manual.
Council Member Johns shared that he has no problem removing the Tuscan design. He shared that the Modern buildings are big and plain and that he believes that they do not identify as Laguna Niguel. He added that he would not be against keeping the Modern design.
Council Member Winstead expressed that she would not like the Modern design in the manual. She shared that the Modern design may look great in a single- family residence but will not look great in multi-family mixed used residences in the City of Laguna Niguel.
Council Member Winstead recommended removing Modern design from the manual.
Discussion ensued over the removal of additional designs from the manual. Council Member Gennawey shared that the designs chosen are not going to be the universal design for the City of Laguna Niguel and that the City Council is providing some objective standards so that those who would like to develop or re -develop buildings with the city can consult the design manual. Community Development Director Orduna shared that the State of California has adopted a number of new laws in recent years that require cities to approve certain projects without discretionary review and the design manual will address those specific projects. He added that if a developer opts to take advantage of
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the new path the State has created, the city in turn would use the design manual and for those projects alone, the architectural styles in the manual would be what is available to the developers.
Council Member Gennawey asked if a developer would go through a normal discretionary process if they wanted to design a project outside of the architectural options available in the design manual. Community Development Director Orduna responded in the affirmative.
A MOTION was made by Mayor Pro Tem Oddo, seconded by Council Member Johns to:
1. Find that adoption of the proposed ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it is an administrative activity that will not result in a direct or reasonably foreseeable indirect physical change to the environment and thus is not a “project” under State CEQA Guidelines Section 15378 (see State CEQA Guidelines, § 15060(c)(2) and (3)). Alternatively, even if adoption of the ordinance did qualify as a project under CEQA, find that it is exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines, which provides that a project is exempt from CEQA where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
2. Waive full reading, make any amendments to, and introduce Ordinance No. 2023- 225 by title:
ORDINANCE NO. 2023-225
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
ADOPTING ZONING CODE AMENDMENT ZCA 23-02 AMENDING LAGUNA NIGUEL MUNICIPAL CODE SECTION 9-1-95 TO ESTABLISH MULTIFAMILY
AND MIXED-USE RESIDENTIAL OBJECTIVE DEVELOPMENT AND DESIGN
STANDARDS FOR PROJECTS THAT QUALIFY FOR STREAMLINED
MINISTERIAL REVIEW UNDER STATE LAW, AND DETERMINING THE
ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3)
3. Direct that the proposed ordinance, with modifications to the Objective Development and Design Standar ds Manual removing the architectural design standards of Tuscan, Modern and Spanish Colonial, be placed on the agenda for the December 5, 2023, City Council Meeting and adopt the ordinance at that meeting.
Motion carried 5-0.
CITY COUNCIL
1. Selection of Mayor and Mayor Pro Tem
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Mayor Jennings opened Public Comments.
Janice Sherertz, Pam Carrie, Michael Reznick, Rocky Cifone, Melissa Waters, Merri Levy, Mark Mendizza, Theresa Ford, Rosemarie Fenandez, K en Stelts, Jennifer Barb, Gary Halbert, Eleanor Halbert, Valerie Burchfield Rhodes and Ivana Dorin spoke in support of Mayor Pro Tem Oddo to serve as Mayor for the upcoming year.
Bob Brown spoke in support of Mayor Jennings to serve as Mayor for the upcoming year.
Mayor Jennings closed Public Comments.
Council Member Gennawey nominated Mayor Jennings for the Office of Mayor. There were no additional nominations.
Mayor Pro Tem Oddo thanked everyone who came out and expressed their support of her, stated her intention to support the nomination on the floor and that she looks forward to continuing to work together as a team.
Council Member Johns read a statement in support of Kelly Jennings and Stephanie Oddo to serve in their respective positions as Mayor and Mayor Pro Tem for the upcoming year.
Council Member Winstead thanked everyone for their comments and expressed her support for Kelly Jennings and Stephanie Oddo to continue to serve in their respective positions of Mayor and Mayor Pro Tem for the upcoming year.
Motion Carried 5-0.
Council Member Gennawey nominated Mayor Pro Tem Oddo for the Office of Mayor Pro Tem. There were no additional nominations.
Motion Carried 5-0.
a. Comments by Newly Appointed Mayor
Mayor Jennings expressed her gratitude and thanked everyone who attended and spoke on behalf of Mayor Pro Tem Oddo. She shared that she is grateful to serve the City of Laguna Niguel and that the City Council has respect, compassion, and kindness amongst all five members. Mayor Jennings stated that she will do her absolute best to serve the residents of Laguna Niguel as Mayor. She again expressed her gratitude for Mayor Pro Tem Oddo and for the opportunity to serve alongside her.
b. Comments by Newly Appointed Mayor Pro Tem
Mayor Pro Tem Oddo thanked everyone who came out and thanked the City Council for their vote of confidence. Mayor Pro Tem Oddo spoke on the work and successes in the past year including the $2.1 million budget surplus allocation towards infrastructure , supporting the TCA Board bond buyback program, strongly advocating for better
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emergency messaging policy, approving one of the best employment packages that the city employees have seen, realigning Military Support Committee leadership, prioritizing climate conversations, launching an educational effort with City leadership to meet state housing requirements, bringing a Statewide officer to explain the California insurance market, and helping Hidden Hills Elementary School with donations and cleanups. Mayor Pro Tem Oddo expressed her excitement for the future and to continue to work with the entire City Council in a productiv and meaningful way . She shared that she is honored and humbled to serve.
OTHER BUSINESS/COUNCIL REPORTS
1. Council Reports
Council Member Johns shared that he attended the ribbon cutting for Jars Sweets and Things and encouraged the residents to visit the new business. He congratulated Mayor Jennings and Mayor Pro Tem and shared that he looks forward to working with them both to make it a great year for the residents and businesses in Laguna Niguel.
Council Member Winstead shared that the Laguna Niguel Chamber of Commerce is hosting a Women Who Mean Business Luncheon on Thursday, November 9 th and is
collecting gently used professional clothing and accessories to be donated to Family Assistance Ministries. Council Member Winstead also shared that the Niguel Botanical Preserve is having a Fall Planting event on Saturday, November 18 th at the Crown Valley
Amphitheater and encouraged residents to attend.
Council Member Gennawey shared that the State of the City event had gone great and encouraged the residents to watch the State of the City video on the City’s YouTube channel. Council Member Gennawey shared that he was Principal for a day at Bergeson Elementary School and was invited back to participate in their Veterans Day flag salute.
Mayor Pro Tem Oddo shared that she enjoyed being Principal for a day at Hidden Hills Elementary School. Mayor Pro Tem Oddo encouraged residents to participate and support the Military Support Committee’s Toy Drive on November 10 th, 11th, and 12th from
10 a.m. to 4 p.m. at Walmart. Mayor Pro Tem Oddo shared that she would be meeting with Capistrano Unified School District to see what else Hidden Hills Elementary School needs and encouraged residents to let her know of anything else needed.
Mayor Jennings expressed her appreciation for Orange County Fire Authority for their bravery fighting the Tustin Hang ar fire. Mayor Jennings thanked and expressed her gratitude to the brave women and men who have served on the nation’s armed forces.
Mayor Jennings invited the residents to attend the City’s Veterans Day Ceremony on Saturday, November 11
th at 11 a.m. at the Sea Country Senior and Community Center.
Mayor Jennings shared that the City Commission and Committee applications are due on Friday, November 17
th by 5 p.m. Mayor Jennings wished everyone a Happy Thanksgiving and expressed her gratitude for the opportunity to serve the City of Laguna Niguel.
2. City Manager/Department Reports
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Acting Parks and Recreation Director Jonatho n Harmon provided an update on the upcoming holiday events. He shared that the Christmas Tree Lighting event will take place on Saturday, December 2
nd from 5 p.m. to 8 p.m. at City Hall where there will be fun performances, crafts, holiday treats, and pictures with Santa. He shared that the City of Laguna Niguel Holiday Parade will take place on Saturday, December 9 th at 10 a.m.
on Crown Valley Parkway with over 80 entries. Acting Parks and Recreation Director Jonathon Harmon also shared that the annual Chanukah Celebration event will take place on Sunday, December 10
th at 4 p.m. at City Hall where there will be crafts, music, and treats.
ADJOURNMENT
Mayor Jennings adjourned the Regular City Council Meeting at 9:35 p.m.
Respectfully submitted,
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Marissa J. Asistin, CMC, City Clerk