LAGUNA NIGUEL CITY COUNCIL
Minutes of the Regular City Council Meeting
December 5, 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 - Emilia Rodd, Baha'i Community of Laguna Niguel PLEDGE OF ALLEGIANCE - Brownie Troop #1487
PUBLIC COMMENTS
Emilia Rodd spoke on a public event organized by the local Spiritual Assembly of the Baha'i taking place on Saturday, January 13, 2024.
James Favero spoke on parking and traffic issues on Calle Vieja.
CONSENT CALENDAR
A MOTION was made by Council Member Gennawey, seconded by Council Member Winstead, to approve the Consent Calendar as presented.
Motion carried 5-0.
1. Warrants of November 21, 2023 and December 5, 2023
Approved as written.
2. Payroll Summary Register
Approved as written.
3. Investment Report as of October 31, 2023
Approved as written.
4. Minutes of the Regular City Council Meeting on November 7, 2023 Approved as written.
City Council Regular Meeting Minutes Page 1 of 8 December 5, 2023
5. Approval of Professional Services Agreement for Temporary Professional Staffing Services with Robert Half
1. Approved the Professional Services Agreement for Temporary Professional Staffing Services with Robert Half in the not-to-exceed amount of $150,000; and,
2. Authorized the City Manager to execute the Professional Services Agreement, subject to the City Attorney making non-substantive changes.
6. Award of Construction Contract to Bonadiman Water, Inc. for the Pacific Island Drive Drainage and Wall Improvements, Cash Contract No. 21-27
1. Awarded the Construction Contract for the Pacific Island Drive Drainage and Wall Improvements, Cash Contract No. 21-27 to Bonadiman Water, Inc., in the amount of $248,950;
2. Authorized the Public Works Director/City Engineer to process change orders in an amount not to exceed 10% of the contract for $24,895, for a total not-to- exceed amount of $273,845, if needed;
3. Authorized the City Manager to execute the Construction Contract for the Pacitic Island Drive Drainage and Wall Improvements, Cash Contract No. 21- 27 with Bonadiman Water, Inc., subject to the City Attorney making non- substantive changes; and,
4. Authorized the Public Works Director/City Engineer to execute the Notice of Completion at the conclusion of construction.
7. Adoption of Resolution No. 2023-1452 and No. 2023-1453, Approving the Submittal of Two Improvement Projects to the Orange County Transportation Authority for Funding Under the Competitive Measure M2 Regional Capacity and Traffic Signal Synchronization Programs
1. Adopted Resolution No. 2023-1452, approving the submittal of the Crown Valley Parkway Westbound Widening Project to the Orange County Transportation Authority (OCTA) for funding under the competitive Measure M2 Regional Capacity Program (Project O); and,
2. Adopted Resolution No. 2023-1453, approving the submittal of the Alicia Parkway Traffic Signal Synchronization Project to OCTA for funding under the competitive Measure M2 Regional Traffic Signal Synchronization Program (Project P).
8. Extending the City's Deadline to Establish and Online Permitting System for Post-Entitlement Phase Permits in Accordance with State Law
1. Found that adoption of the resolution is not subject to the California City Council Regular Meeting Minutes Page 2 of 8 December 5, 2023 Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c) (3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
2. Adopted Resolution No. 2023-1456 extending the City's deadline to establish an online permitting system for post-entitlement phase permits to January 1, 2026.
9. Second Reading and Adoption of Ordinance No. 2023-225 Adopting Zoning Code Amendment ZCA 23-02 Amending Laguna Niguel Municipal Code Section 9-1-95 to Establish Multifamily and Mixed-Use Residential Obiective Development and Design Standards for Projects that Qualify for Streamlined Ministerial Review Under State Law
Conducted a second reading, by title only, and adopted Ordinance No. 2023-225:
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)
PUBLIC HEARING
1. Fourth 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.
Mayor Jennings closed the Public Hearing.
City Council Regular Meeting Minutes Page 3 of 8 December 5, 2023
COUNCIL QUESTIONS
There were no additional questions from the City Council.
COUNCIL DISCUSSION
Council Member Gennawey thanked everyone who participated in the process and explained why the City is going through the districting process. He directed those who are just learning about the districting process to watch the July 26th Special City Council Meeting to learn more about it. He shared that the city has a map of all HOAs (Homeowner Associations) on the City website and the drafted maps keep the vast majority of them together intact. Council Member Gennawey stated that the goal is to create districts that are close in population size so that no one person's vote has greater weight than the other by keeping the population deviation below 10%. Council Member Gennawey recommended moving forward with Draft Map E. He shared that Draft Map E is easy to understand, guided by major roads in the city, compact, contiguous, and falls within the requirement of being under 10% in population deviation. He also shared that the map drawing is guided by the US Census blocks and were predetermined prior to the districting process. Council Member Gennawey shared that the school district boundaries are constructed for the population throughout the Capistrano Unified School District which encompasses various cities rather than the specific population of the City of Laguna Niguel.
Council Member Johns shared that although Draft Map D has the smallest deviation, he has a problem with it splitting some streets which splits neighbors from being in the same district. Council Member Johns expressed his concurrence with Council Member Gennawey's comments and recommended moving forward with Draft Map E.
Council Member Winstead expressed her concurrence with Council Member Gennawey and Council Member Johns comments and recommended moving forward with Draft Map Mayor Pro Tem Oddo expressed her concurrence with Council Member Johns comments on Draft Map D. Mayor Pro Tem Oddo recommended moving forward with Draft Map E.
Mayor Jennings expressed her concurrence with the Council Member's comments on the draft maps and recommended moving forward with Draft Map E.
A MOTION was made by Council Member Johns, seconded by Council Member Gennawey to:
Select Draft Map E for formal adoption with Ordinance No. 2023-226.
Motion carried 5-0.
Council Member Gennawey recommended assigning the numerical designation to each of the five newly established geographical districts as stated on Draft Map E.
City Council Regular Meeting Minutes Page 4 of 8 December 5, 2023 A MOTION was made by Council Member Gennawey, seconded by Council Member Winstead to:
Assign the numerical designation to each of the five newly established geographical districts as stated on Draft Map E.
Motion carried 5-0.
Council Member Gennawey recommended having the odd number districts, 1,3, and 5, to be up for election in 2024 and the even numbered districts, 2 and 4, to be up for election in 2026.
A MOTION was made by Council Member Gennawey, seconded by Mayor Pro Tem Oddo to:
Have districts 1, 3, and 5, be up for election in 2024 and districts 2 and 4 be up for election in 2026.
Motion carried 5-0.
A MOTION was made by Council Member Johns, seconded by Mayor Pro Tem Oddo to:
Waive full reading, make any amendments to, and Introduce Ordinance No. 2023- 226 by title:
ORDINANCE NO. 2023-226
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA, ADDING DIVISION 9 OF TITLE 2 OF THE LAGUNA NIGUEL
MUNICIPAL CODE ESTABLISHING BY-DISTRICT ELECTIONS, DEFINING DISTRICT
BOUNDARIES, AND SCHEDULING ELECTIONS WITHIN THE DISTRICTS Motion carried 5-0.
2. Public Hearing to Consider Approval of an Exchange of an Access Driveway Easement Over a Minor Portion of Crown Valley Park for an Easement Over djacent Private Property (The Village Shopping Center) for Overflow Parkin or Park Users and Authorizina its Execution and Recordatio Community Development Director Jonathan Orduna introduced the item. Deputy Community Development Director, John Morgan then provided a presentation on the consideration of approval of an exchange of an access driveway easement over a minor portion of Crown Valley Park for an easement over adjacent private property (The Village Shopping Center) for overflow parking for park users and authorizing its execution and recordation.
City Council Regular Meeting Minutes Page 5 of 8 December 5, 2023
COUNCIL QUESTIONS
There were no additional questions from the City Council.
Mayor Jennings opened the Public Hearing.
There were no public comments.
Mayor Jennings closed the Public Hearing.
COUNCIL DISCUSSION
Council Member Gennawey shared that the proposed project is an example of how the City organization and the City Council are supporting local business. He added that the overall plan is to increase the aesthetic of the Village Shopping Center and expressed his support.
Mayor Jennings expressed her excitement and support for the proposed project.
A MOTION was made by Council Member Winstead, seconded by Council Member Johns to:
1. Adopt Resolution 2023-1455 to discontinue the use of a minor portion of Crown Valley Park that currently serves as a landscape border, in exchange for an easement over adjacent property at the Village shopping center for overflow parking for park users in accordance with Government Code Section 38440 et seq. and finding that such action is exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Existing Facilities);
2. Authorize the City Manager to execute the easement agreement and any other documents necessary for the easement exchange and recordation of the Resolution; and,
3. Direct the City Clerk to cause a certified copy of the Resolution and easement agreement to be recorded in the Official Records of the Orange County Clerk- Recorder.
Motion carried 5-0.
3. Public Hearing to Consider General Plan Amendment GPS 21-01A02, Updating the Adopted 2021-2029 Housing Element in Response to Comments Received from the California Department of Housing and Community Development (HCD) on May 22, 2023
Community Development Director Jonathan Orduna introduced the item. The City's housing consultant, Amanda Tropiano, then provided a presentation to consider General Plan amendment GPS 21-01A02, updating the adopted 2021-2029 Housing Element in City Council Regular Meeting Minutes Page 6 of 8 December 5, 2023 response to comments received from the California Department of Housing and Community Development (HCD) on May 22, 2023.
COUNCIL QUESTIONS
There were no additional questions from the City Council.
Mayor Jennings opened the Public Hearing.
Jorden Segraves spoke on the process of the adopted 2021-2029 Housing Element.
Mayor Jennings closed the Public Hearing.
COUNCIL DISCUSSION
Mayor Pro Tem Oddo thanked staff for their work and expressed her support for the Housing Element.
A MOTION was made by Mayor Pro Tem Oddo, seconded by Council Member Johns to:
1. Find that adoption of General Plan Amendment GPA 21-01A02 is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15061(b)(3), 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. Adopt Resolution No. 2023-1454 approving General Plan Amendment GPA 21- 01A02 (2021-2029 Updated Housing Element) and determining the action to be exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15061(b)(3).
Motion carried 5-0.
OTHER BUSINESS/COUNCIL REPORTS
Council Reports
Council Member Winstead shared that she attended the Tree Lighting Ceremony and thanked staff for their work. She encouraged the residents to attend the Winter Candyland concert on Friday, December 8th at Sea Country Senior and Community Center and turn in their letters to Santa at the Crown Valley Community Center by Friday. She also encouraged the residents to attend the upcoming Holiday Parade, Chanukah Celebration, and participate in the Holiday Lights Decorating contest.
Council Member Johns congratulated Dana Hills High School student Evan on winning his second consecutive CIF State Championship Cross Country race and the Dana Hills Boys Cross Country team for winning the state title and placing 10th at the Nike Cross City Council Regular Meeting Minutes Page 7 of 8 December 5, 2023 Country National Championship. He shared that he attended the Tree Lighting Ceremony and encouraged the residents to attend the Holiday Parade.
Council Member Gennawey shared that he attended the Laguna Niguel Interfaith Council Thanksgiving service at St. Timothy's Catholic Church and the Tree Lighting Ceremony.
He encouraged the residents to attend the Holiday Parade on Saturday, December 9th.
Mayor Pro Tem Oddo shared that she attended the Tree Lighting Ceremony and congratulated staff and thanked them for their hard work. She congratulated Dana Hills High School student Evan on winning his second consecutive CIF State Championship Cross Country race and the Dana Hills Boys Cross Country team for winning the state title and placing 10" at the Nike Cross Country National Championship.
Mayor Jennings shared that she celebrated her in-law's birthdays and 65'h wedding anniversary. She congratulated Dana Hills High School student Evan on winning his second consecutive CIF State Championship Cross Country race and the Dana Hills Boys Cross Country team for winning the state title and placing 10th at the Nike Cross Country National Championship. Mayor Jennings shared that she attended the Tree Lighting Ceremony and thanked staff for their hard work.
2. City Manager/Department Reports
Interim Parks and Recreation Director Jonathon Harmon provided an update on the upcoming holiday events schedule. He shared that the City of Laguna Niguel Holiday Parade will take place on Saturday, December 9th at 10 a.m. on Crown Valley Parkway with marching bands, classic cars, and a flyover. Interim Parks and Recreation Director Jonathon Harmon shared that the annual Chanukah Celebration will take place on Sunday, December 10" at 4 p.m. at City Hall where there will be crafts, music, and treats.
He encouraged all residents to visit the City website for further information on the upcoming holiday events.
Chief of Police Services, Isaac Flores, provided a Police Services Quarterly Report.
ADJOURNMENT
Mayor Jennings adjourned the Regular City Council Meeting at 8:26 p.m.
Respectfully submitted,
Marissa J. Asistin, CMC, City Clerk
City Council Regular Meeting Minutes Page 8 of 8 December 5, 2023