City Council Regular Meeting Agenda Page 1 of 8 February 20, 2024
AGENDA FOR THE
REGULAR MEETING OF
THE LAGUNA NIGUEL
CITY COUNCIL
REGULAR MEETING OF
February 20, 2024 – 6:00 P.M.
WELCOME TO THE REGULAR MEETING OF THE CITY COUNCIL.
Regular City Council meetings are held on the first and third Tuesday of every month at 7:00 p.m. in the Council Chambers at City Hall (6:00 p.m. or prior to the Regular City Council meeting for Closed Session). Regular meetings are open for the public to attend the meeting; however, in- person seating is limited.
Regular City Council meetings are aired live on Cox Cable Channel 853, AT&T U-Verse Channel 99 and on the City’s YouTube Channel at www.youtube.com/cityoflagunaniguel. Rebroadcasted meetings are available for viewing on: Cox Cable/ AT&T U-Verse channels at 6:00 p.m. daily following each meeting; the City’s W ebsite at www.cityoflagunaniguel.org; and on the City’s YouTube Channel.
Any person wishing to address the City Council is respectfully asked to complete and present a gold-colored, “Request to Speak” form to the City Clerk at the meeting. Forms are available on the counter located inside the Council Chambers. The time limit will be established by the Mayor.
To allow equal time for speakers, minutes may not be given to another speaker. If you are unable to attend the meeting, you may have another person read your written statement. The City Council may establish a time limit on all public comments of not less than one half hour.
Any documents pertaining to items on the agenda that are provided to the City Council prior to 4:00 p.m. on the day of the City Council meeting will be available for public review at the counter that is located inside the Council Chambers.
The City of Laguna Niguel thanks you in advance for attending the City Council meeting.
City Hall/Council Chambers
30111 Crown Valley Parkway
Laguna Niguel, California 92677
(949)362-4300
www.cityoflagunaniguel.org
City Council Regular Meeting Agenda Page 2 of 8 February 20, 2024
CALL TO ORDER AND ROLL CALL – 6:00 p.m.
CLOSED SESSION
PUBLIC COMMENTS ON CLOSED SESSION ITEM
RECESS TO CLOSED SESSION
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
(One threat of litigation linked to agenda)
CALL TO ORDER – 7:00 p.m.
CLOSED SESSION REPORT
INVOCATION – Chaplain Serena Cummins, Orange County Sheriff’s
PLEDGE OF ALLEGIANCE – Boy Scout Troop #772
PRESENTATIONS
1. Chamber of Commerce Shop and Dine Drawing
2. Laguna Niguel Cares Proclamation – South County Outreach
PUBLIC COMMENTS
CONSENT CALENDAR
1. Warrants of February 6, 2024 and February 20, 2024
Recommendation
Approve as written or amended.
2. Payroll Summary Register
Recommendation
Approve as written or amended.
3. Investment Report as of December 31, 2023
Recommendation
Approve as written or amended.
City Council Regular Meeting Agenda Page 3 of 8 February 20, 2024
4. Minutes of the Special City Council Meeting on January 10, 2024 and Minutes of the Regular City Council Meeting on January 16, 2024
Recommendation
Approve as written or amended.
5. Adoption of Resolution No. 2024- 1463, Adopting an Update to City Council Policies and Procedures and adding Guiding Principles of Government
Recommendation
Staff recommends that the City Council adopt Resolution No. 2024-1463, adopting an update to City Council Policies and Procedures and adding Guiding Principles of Government to the City Council Policies and Procedures.
6. Adoption of Resolution No. 2024-1464, Reaffirming and Extending the Existing Proclamation of Local Emergency in Connection with the Recent Earth Movement Under La Paz Road
Recommendation
Staff recommends that the City Council adopt Resolution No. 2024- 1464, reaffirming and extending the proclamation of local emergency in connection with the recent earth movement under La Paz Road.
7. Approval of Amendment No. 2 to the On- Call Professional Services Agreement with Derek J. McGregor, Inc. dba DMc Engineering, for the Annual Residential Overlay Program Fiscal Year 2023-24
Recommendation
Staff recommends that the City Council:
1. Approve Amendment No. 2 to the On-Call Professional Services Agreement with Derek J. McGregor, Inc. dba DMc Engineering, to provide engineering design services for the Annual Residential Overlay Program Fiscal Year 2023-24 for a not-to-exceed amount of $60,200;
2. Approve a not -to-exceed 1 5% contingency of the total contract in the amount of $9,030 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 $69,230 if needed; and,
3. Authorize the City Manager to execute Amendment No. 2 to the On- Call Professional Services Agreement with Derek J. McGregor, Inc. dba DMc Engineering, subject to the City Attorney making non-substantive changes.
City Council Regular Meeting Agenda Page 4 of 8 February 20, 2024
8. Fiscal Year 2022-2023 Annual Comprehensive Financial Report
Recommendation
Staff recommends that the City Council receive and file the City’s Annual Comprehensive Financial Report (ACFR) and related audit reports of the City of Laguna Niguel for the fiscal year ended June 30, 2023.
9. Approval of Amendment No. 1 to the Fiscal Year 2023-2024 Law Enforcement Services Agreement with the County of Orange
Recommendation
Staff recommends that the City Council:
1. Approve Amendment No. 1 to the Fiscal Year 2023-2024 Law Enforcement Services Agreement with the County of Orange; and,
2. Authorize the City Manager to execute the amended Agreement and future Amendments to the Agreement, subject to the City Attorney making non- substantive changes.
10. Approval of Multi -Year Professional Services Agreement Amendments for On-Call Professional Services in Support of Public Works Department Functions
Recommendation
Staff recommends that the City Council:
1. Approve Multi-Year Professional Services Agreement Amendments for On- Call Professional Services, subject to extension administratively for two additional one-year periods, with the following firms (listed alphabetically):
• AGA Engineers, Inc.
• Ardurra Group, Inc.
• Interwest Consulting Group, Inc.
• Iteris, Inc.
• Mark Thomas & Company, Inc.
• Ninyo & Moore Geotechnical & Environmental Sciences Consultants • Wolfe Engineering and Design, Inc.
2. Authorize the City Manager to execute the Multi-Year On-Call Professional Services Agreement Amendments, and future amendments to the agreements, subject to the City Attorney making non-substantive changes.
City Council Regular Meeting Agenda Page 5 of 8 February 20, 2024
11. Award of Construction Contract to Palp, Inc. dba Excel Paving Company for the La Paz Road Long-Term Phase II Project, Cash Contract No. 23-17
Recommendation
Staff recommends that the City Council:
1. Reject the low bid from Aster Construction Services for the La Paz Road Long-Term Phase II Project, Cash Contract No. 23-17 as non-responsive;
2. Award the Construction Contract for the La Paz Road Long- Term Phase II Project, Cash Contract No. 23-17 to Palp, Inc. dba Excel Paving Company, in the amount of $2,079,810;
3. Authorize the Public Works Director/City Engineer to process change orders in an amount not to exceed 15% of the contract for $311,972, for a total not-to-exceed amount of $2,391,782, if needed;
4. Authorize the City Manager to execute the Construction Contract for the La Paz Road Long-Term Phase II Project, Cash Contract No. 23-17 with Palp, Inc. dba Excel Paving Company, subject to the City Attorney making non- substantive changes; and,
5. Authorize the Public Works Director/City Engineer to execute the Notice of Completion at the conclusion of construction.
12. Approval of Amendment No. 6 to the On- Call Professional Services Agreement with Mark Thomas & Company, Inc. for the Active Transportation Plan
Recommendation
Staff recommends that the City Council:
1. Approve Amendment No. 6 to the On-Call Professional Services Agreement with Mark Thomas & Company, Inc. for the Active Transportation Plan, in the amount of $203,323;
2. Approve a not -to-exceed 15% contingency in the amount of $30,498 for unforeseen conditions or extra work and authorize the Public Works Director/City Engineer to approve additional work for a total not -to-exceed contract amount of $233,821, if needed; and,
3. Authorize the City Manager to execute Amendment No. 6 to the On- Call Professional Services Agreement with Mark Thomas & Company, Inc.
City Council Regular Meeting Agenda Page 6 of 8 February 20, 2024
13. Adoption of Resolution No. 2024-1465 for the Federal Fiscal Years 2024-25 – 2029-30 Federal Transportation Improvement Program
Recommendation
Staff recommends that the City Council adopt Resolution No. 2024-1465, certifying that the City has the resources to fund the projects in the Federal Fiscal Years 2024-25 – 2029-30 Federal Transportation Improvement Program and affirms its commitment to implement all Laguna Niguel projects in the Program.
DISCUSSION ITEM
1. Fiscal Year 2023-2024 Mid-Year Budget Review
Recommendation
Staff recommends that the City Council:
1. Recognize the Fiscal Year 2022-2023 General Fund surplus of $1,829,101 and allocate the surplus to the La Paz Road Projects.
2. Approve the following Fiscal Year 2023-2024 Budget adjustments:
General Fund
a. Recognize $2,100,000 million in traffic impact fee revenue; b. Recognize additional property tax revenue of $500,000; c. Recognize additional interest income revenue of $500,000; and, d. Appropriate $95,000 for costs associated with Districting process.
Miscellaneous Grants Fund
e. Recognize grant revenues and appropriate $683,000 to the La Paz Road Project;
f. Recognize grant revenues and appropriate $200,000 for Local Roadway Pavement Rehabilitation Project; and,
g. Approve a transfer from the Senior Transportation Fund of $38,705 to the General Fund.
3. Allocate $50,000 of project savings from Residential Resurfacing Program Zones 3 and 4 to Zones 5 and 6.
4. Adopt City of Laguna Niguel American Rescue Plan Act (ARPA) Budget Summary Schedule included as attachment A.
City Council Regular Meeting Agenda Page 7 of 8 February 20, 2024
CITY COUNCIL DISCUSSION
1. Introduction of Ordinance No. 2024-227 Amending Article 5 of the Laguna Niguel Municipal Code Establishing Regulations Related to Electric Bicycles
Recommendation
Mayor Jennings and Council Member Gennawey recommend that the City Council:
1. Waive full reading, make any amendments to, and introduce Ordinance No. 2024-227 by title:
ORDINANCE NO. 2024-227
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
AMENDING DIVISION 4 OF TITLE 7 OF THE LAGUNA NIGUEL MUNICIPAL
CODE, ESTABLISHING REGULATIONS RELATING TO ELECTRIC BICYCLES
AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN
CONNECTION THEREWITH
2. Direct that the proposed ordinance be placed on the agenda for the March 5 , 2024, City Council Meeting for adoption.
2. Adoption of Resolution No. 2024-1462, Opposing California Proposition 1
Recommendation
Council Member Gennawey and Council Member Johns recommend that the City Council adopt Resolution No. 2024-1462, Opposing California Proposition 1.
OTHER BUSINESS/COUNCIL REPORTS
1. Council Reports
2. City Manager/Department Reports
ADJOURNMENT
City Council Regular Meeting Agenda Page 8 of 8 February 20, 2024
LAGUNA NIGUEL CITY COUNCIL
Mayor Kelly Jennings
Mayor Pro Tem Stephanie Oddo
Council Member Ray Gennawey
Council Member Gene Johns
Council Member Stephanie Winstead
E-mail address……………………………………………. [email protected]
Website address .................................................................... www.cityoflagunaniguel.org
Americans with Disabilities Act - In compliance with the Americans with Disabilities Act, if you are an individual who requires accommodations to participate in this meeting, please contact the City Clerk’s Office at (949) 362-4300. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility.
The Council Chambers is wheelchair accessible and disabled parking is available in the City Hall parking lot. Assisted Listening is available. To arrange for use of a personal listening device, please contact the City Clerk prior to the meeting.
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss
CITY OF LAGUNA NIGUEL )
I, Marissa J. Asistin, City Clerk for the City of Laguna Niguel, hereby certify, under penalty of perjury, that I caused the posting of this agenda at Laguna Niguel City Hall and on the City of Laguna Niguel website, not less than 72 hours prior to the meeting. Dated this 15 th
day of February 2024.
POSTED BY:
_
Marissa J. Asistin, CMC, City Clerk