City Council Regular Meeting Minutes Page 1 of 8 April 16, 2024
LAGUNA NIGUEL CITY COUNCIL
Minutes of the Regular City Council Meeting
April 16, 2024
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 – EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
Number of cases: 1
Case Name: City of Laguna Niguel, et al. v. Jonathan Roger Wallentine, et al.
OCSC Case No: 30-3023-01335826-CU-MC-CJC
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 the City Council voted unanimously to authorize the filing of an action seeking an order of contempt for the case discussed in the C losed Session.
INVOCATION – Farshad Jahed, Baha’i Community of Laguna Niguel
PLEDGE OF ALLEGIANCE – Boy Scout Troop #734
PRESENTATIONS
1. Laguna Niguel Cares Proclamation – Mission Viejo Animal Services
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The City Council presented a proclamation to Michelle Claud- Clemente, Mission Viejo’s Director of Animal Services, commending their commitment to serving the City and for providing high quality animal control, shelter, and adoption services to the community.
Mayor Jennings formally recognized the month of April as Arab American Heritage Month and highlighted that April 24
th is Armenian Genocide Remembrance Day.
PUBLIC COMMENTS
Cathleen Pryor spoke in opposition of lithium battery storage facilities.
Thomas J. Dunn spoke in opposition of lithium battery storage facilities.
David McCann spoke on winter shelters for the unhoused.
Angela McCann spoke on winter shelters for the unhoused.
Robert Bargar spoke on winter shelters for the unhoused.
Lizzie Vear spoke on the need for increased bike rack installation throughout the city.
Kellie Atton spoke on the high volume of noise on the street of Golden Lantern.
Helen Evers spoke on the high volume of noise on the street of Golden Lantern.
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 April 2, 2024 and April 16, 2024
Approved as written.
2. Payroll Summary Register
Approved as written.
3. Investment Report as of February 29, 2024
Approved as written.
4. Minutes of the Special City Council Meeting on February 2 7, 2024 and Minutes of the Regular City Council Meeting on March 19, 2024
Approved as written.
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5. Adoption of Resolution No. 2024 -1469, Delegating Basic Tort Liability Claims Handling Responsibilities to the California Joint Powers Insurance Authority as Authorized by Government Code Sections 910, et Seq.
Adopted Resolution No. 2024-1469, which delegates basic tort liability claims handling responsibilities to the California Joint Powers Insurance Authority as authorized by Government Code Sections 910, et Seq.
6. Award of Maintenance Services Agreement to Real Green, Inc. for Citywide Backflow Device Inspection, Repair, and Installation Services
1. Awarded the Maintenance Services Agreement for Citywide Backflow Device Inspection, Repair, and Installation Services to Real Green, Inc. in the not -to- exceed amount of $20,000 per year for Fiscal Years 2024- 25 through 2026- 27, subject to extension administratively for two additional one-year periods;
2. Approved a not-to-exceed 20% contingency of the total contract in the amount of $4,000 per fiscal year for unforeseen conditions or extra work and authorize d the Public Works Director/City Engineer to approve additional work with Real Green Inc. for a total not-to-exceed amount of $24,000 per fiscal year, if needed; and,
3. Authorized the City Manager to execute the agreement and future amendments to the Maintenance Services Agreement with Real Green Inc., subject to the City Attorney making non-substantive changes.
7. Approval of the Installation of Red Curb on Niguel Heights Boulevard at Goldrush Ridge Lane
Approved the installation of 80 feet of red curb on the east side of Niguel Heights Boulevard, north of Goldrush Ridge Lane, and 150 feet of red curb on the east side of Niguel Heights Boulevard, south of Goldrush Ridge Lane, within the Village Niguel Heights neighborhood.
PUBLIC HEARING
1. Public Hearing to Consider the Draft Community Development Block Grant (CDBG) Annual Action Plan for Fiscal Year 2024-2025
Community Development Director Jonathan Orduna introduced the City’s Grant Management Consultant, Mike Linares, who provided a presentation on the draft Community Development Bloc k Grant (CDBG) annual action plan for fiscal year 2024- 2025.
COUNCIL QUESTIONS
Mayor Pro Tem Oddo inquired if the city tracks evictions. Community Development Director Orduna answered that the city does not track evictions.
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Mayor Jennings opened the Public Hearing.
Mayor Pro Tem Oddo inquired if there has been a change in the need of services from Family Assistance Ministries (FAM) and South County Outreach from Laguna Niguel residents.
Angela Reilly, representative of South County Outreach (SCO) stated that there has been an exponential growth in need of services across the county since the end of the pandemic and it continues to grow on a daily basis. Teresa Schickling, representative of Family Assistance Ministries (FAM), shared that the biggest need especially for cities like Laguna Niguel where rent has increased tremendously is for both rental and utility assistance. She added that the programs try to stabilize residents and keep them in their homes, so they do not end up on the street.
Mayor Pro Tem Oddo inquired about the difference in services that South County Outreach and Family Assistance Ministries (FAM) offer.
Teresa Schickling, representative of FAM, shared that both organizations offer similar services such as food distribution, utility assistance, rental assistance, and full case management. Ms. Reilly shared that South County Outreach has been transitioning their services and focusing on case management to help get people out of their situation.
Mayor Pro Tem Oddo commented on the growing number of unhoused students at colleges, sharing that college presidents are noting a shift in scholarship funds from tuition to basic needs; and acknowledged FAM and South County Outreach for all they do to serve the community.
Ms. Schickling (FAM), spoke on senior citizens being the fastest growing population that they are serving; sharing that the younger adult unhoused population typically do not seek assistance. She thanked the City Council for their support and award of CDBG funding.
Ms. Reilly (SCO) spoke on the population they are serving and thanked the City Council for the CDBG funding and their continued support and partnership.
Mayor Jennings closed the Public Hearing.
COUNCIL DISCUSSION
Council Member Gennawey thanked all the organizations that attended the Community Development Block Grant meeting earlier in the year including Age Well Senior Services, Camino Health Center, Family Assistance Ministries (FAM), South County Outreach, and the YMCA of Orange County. He stated that the state of California is experiencing a cost- of-living crisis and thanked the organizations for their services including childcare scholarship and pantry services which help relieve some of the burden on those residents in need.
Mayor Jennings expressed her gratitude for the organizations and the services they
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provide to the community.
A MOTION was made by Mayor Pro Tem Oddo, seconded by Council Member Johns to:
1. Direct that the Annual Action Plan Fiscal Year 2024- 2025, be placed on the May 7, 2024, City Council Agenda for final approval.
Motion carried 5-0.
CITY COUNCIL DISCUSSION ITEM
1. Adoption of Resolution No. 2024 -1470, Opposing ACA 1 Local Government Financing Voter Approval; and, Adoption of Resolution No. 2024 -1471, Opposing ACA 13 Voting Thresholds
Mayor Jennings and Council Member Gennawey requested this item, and both provided a report sharing the reasons for bringing this matter to the City Council for consideration.
COUNCIL QUESTIONS
There were no questions from the City Council.
Mayor Jennings opened Public Comments.
There were no public comments.
Mayor Jennings closed Public Comments.
COUNCIL DISCUSSION
Mayor Pro Tem Oddo described and stated her position on the three measures that will be put to voters during November’s election: ACA 1, ACA 13, and the Taxpayer Protection and Accountability Act. She shared that ACA 1 says that when a city, county, or special district puts a bond initiative or a special tax on the ballot it must pass by 55% which is currently how school districts pass school bonds. She added that ACA 1 brings initiatives in line with school bond initiatives which now require 55% to pass. Mayor Pro Tem Oddo shared that with older cities it is a constant fight to fund old infrastructure, public safety, and keep up with unfunded state mandates but she does not foresee the need nor the will to put something similar on the ballot in Laguna Niguel and a similar ini tiative would first have to be approved by the C ity Council, something that she would not approve today, nor will she approve an increase in taxes. She shared that ACA 13 requires that in the event of a citizen initiated constitutional amendment, otherwise known as the citizen backed proposition, the initiative contains a vote threshold in excess of a simple majority such amendment should be supported by the same vote threshold that the initiative seeks to impose. Mayor Pro Tem Oddo added that ACA 13 is a direct counter to the taxpayer protection and accountability act and expressed her concern with the definition and application of the requirement that local government s charge an actual cost for fees as stated in the initiative. She added that her concern i s the broadening redefinition of the
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word tax and that the proposition requires cities to provide clear and convincing proof that the actual cost is being charged. She shared that the initiative makes the City vulnerable to litigation and it may call into question some of the City’s current fees and limits the City’s ability to charge future fees as well as detail how certain reserves should be spent.
Mayor Pro Tem Oddo stated that it is an attack on local control and a power grab by big businesses. She shared that ACA 13 is backed by big busi ness and big business does not understand local government. Mayor Pro Tem Oddo stated that she agrees with part of Resolution No. 2024- 1471 where it reads, ‘whereas the C ity Council for the City of Laguna Niguel objects to burdening its citizens with increased taxes’, and states that nowhere does ACA 13 call for an increase in taxes and is merely fighting local government’s ability to charge fees for normal business activity. Mayor Pro Tem Oddo stated that she would not support anything that limits the power to provide a great quality of life for the residents. She urged her colleagues to do what is right for the City to protect the current fee structure and the future ability to charge fees. Mayor Pro Tem Oddo stated that she would be voting no on the agenda item and believes that together ACA 1 and ACA 13 will protect California’s ability to make their voices hear d and neither measure will increase taxes in Laguna Niguel unless the City Council votes to put a measure on the ballot.
Council Member Gennawey stated that he disagrees with Mayor Pro Tem Oddo’s assessment of ACA 1 and ACA 13. He stated that ACA 1 opens the door to higher taxes including property taxes and that the author of ACA 1 believes that raising property taxes is going to make housing more affordable. Council Member Gennawey stated that Proposition 13 is one of the last protections that taxpayers have against runaway taxes.
Council Member Johns stated that if ACA 1 and ACA 13 were in place, there would be no Proposition 13. He stated that ACA 1 and ACA 13 lower voters rights, and are bad for the state, county, city, and property owners in California.
Council Member Winstead stated that she is not in favor of more taxes and does not want to make it easier to pass increases in taxes. She stated that ACA 13 would limit the ability of California citizens to seek change through the initiative process. Council Member Winstead stated that she would be voting to oppose both ACA 1 and ACA 13.
A MOTION was made by Council Member Gennawey , seconded by Council Member Johns to:
1. Adopt Resolution No. 2024 -1470, Opposing ACA 1 Local Government Financing Voter Approval;
2. Adopt Resolution No. 2024-1471, Opposing ACA 13 Voting Thresholds; and,
3. Direct the Mayor to send a letter of opposition for ACA 1 and ACA 13 on behalf of the City Council to the Cal Cities Board of Directors.
Motion carried 4-1, with Mayor Pro Tem Oddo voting No.
OTHER BUSINESS/COUNCIL REPORTS
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1. Council Reports
Council Member Gennawey shared that the Safewise organization has ranked the City of Laguna Niguel as the 4 th safest city in California. He shared that he attended the Ca l Cities Public Policy committee meetings and the South County Outreach E mpty Bowls fundraiser. He encouraged residents to attend various events on Saturday, April 20 th including the Earth Day event at the Niguel Botanical Preserve, Aliso Niguel High School’s Taste of Aliso Niguel event, and the St. Timothy’s Knights of Columbus P rayer Walk event.
Council Member Johns thanked City staff for the Bunny Bonanza event. He shared that he attended the community leaders briefing on water supply issues event and the ribbon cutting event at Jack’s Woodside Grill.
Council Member Winstead shared her pride in the various ways that “Laguna Niguel Cares,” highlighting a recent article in the Orange County Register about a Laguna Niguel resident, Debbie Saton, who made a distributed food to people who are struggling financially, experiencing homelessness, and cancer patients. She shared that the Laguna Niguel Lions Club is collecting professional clothing for Working W ardrobes. Council Member Winstead shared that the Laguna Niguel Woman’s Club recently collected food to distribute to Family Assistance Ministries (FAM). She thanked those who attended the Military Support Committee Car Wash fundraiser event and encouraged residents to attend the Earth Day event on Saturday, April 20
th.
Mayor Pro Tem Oddo provided an update on the Military Support Committee. She shared that she attended the Cal Cities Environmental Policy Committee meeting and provided an update. Mayor Pro Tem Oddo spoke on the Armenian Genocide and shared that the City of Irvine has approved an Armenian Genocide Memorial site at the Great Park. She shared that she attended the Orange County Supervisors roundtable and an E-bike Town Hall meeting in Irvine. Mayor Pro Tem Oddo shared that she will be attending the California Sober Living Task Force meeting on Thursday, April 18 th. She encouraged
residents to attend the Arbor Day event on Tuesday, April 30th at 12:30 p.m.
Mayor Jennings thanked the Parks and Recreation D epartment for the Bunny Bonanza event. She shared that she attended the Orange County Fire Authority horse rescue training and the last Junior Civic Workshop of the year. Mayor Jennings invited residents to the Social Media Town Hall meeting on Tuesday, April 30 th at 6:00 p.m. in the City Hall
Community Room.
2. City Manager/Department Reports
City Manager Letourneau shared that construction for the Long-term Phase 2 Plan on La Paz Road will begin on Monday, April 22
nd. She added that this construction project will
reestablish one lane of traffic in each direction while the C ity works on the permanent plan.
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Parks and Recreation Director Harmon shared that the City will be hosting its Summer Expo at Crown Valley Community Center on Friday, May 31st from 4:00 p.m. to 7:00 p.m.
He announced that the summer day camp programs at the Crown Valley Community Center will begin on June 17 th and encouraged the community to register as soon as possible. The Aquatic Center and Sprayground will be running daily, and afternoon recreation swim will return on June 10
th. Laguna Niguel’s Groovin’ Summer Concert
Series kicks off on Friday, June 7th with Cassie B.
ADJOURNMENT
Mayor Jennings adjourned the Regular City Council Meeting at 8:39 p.m.
Respectfully submitted,
__
Marissa J. Asistin, CMC, City Clerk
City Council Special Meeting Minutes Page 1 of 2 April 29, 2024
LAGUNA NIGUEL CITY COUNCIL
Minutes of the Special City Council Meeting
April 29, 2024 – 4:00 p.m.
CALL TO ORDER AND ROLL CALL – Mayor Jennings called the Special City Council Meeting to order at 4:02 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
PLEDGE OF ALLEGIANCE – Council Member Gennawey
PUBLIC COMMENTS
There were no public comments.
CITY COUNCIL
1. Conduct Interviews to Fill Two- Year Term Vacancies, Unless Otherwise Specified, for the Parks and Recreation Commission; Traffic and Transportation Commission; and Military Support Committee.
The City Council conducted interviews for the following applicants on April 29 , 2024, to fill two -year vacancies, unless otherwise specified, for the Parks and Recreation Commission ( 1); Traffic and Transportation Commission ( 1); and Military Support Committee (3):
Parks and Recreation Commission (1 Vacancy)
Dorin, Ivana
Ellison, Sheila
Hall, Chris
McDaniel, Randy
McGlone Swanson, Agnes
McMurchie, Victoria
Robinson, Rod (did not attend)
Yang, Heidy
Zueck, Anthony
BREAK – 5:31 p.m. – 5:38 p.m.
Traffic and Transportation Commission (1 Vacancy)
Caudillo, Roberto
Mai, De
Wiener, Michael (attended via telephone)
City Council Special Meeting Minutes Page 2 of 2 April 29, 2024
Military Support Committee (3 Vacancies)
Encinas, Rich
Smith, Mary (did not attend)
BREAK – 6:27 p.m. – 6:30 p.m.
The City Council reviewed candidate submittals and interview notes, held discussion, and appointed the following individuals to serve on City Commissions and Committees each for a two-year term ending December 31, 2025:
A MOTION was made by Council Member Gennawey, seconded by Council Member Johns to approve the following appointment:
Parks and Recreation Commission (1 Vacancy)
Hall, Chris
Motion carried 5-0
A MOTION was made by Council Member Johns, seconded by Mayor Pro Tem Oddo to approve the following appointment:
Traffic and Transportation Commission (1 Vacancy)
Caudillo, Roberto
Motion carried 5-0
A MOTION was made by Council Member Gennawey , seconded by Mayor Pro Tem Oddo to approve the following appointments:
Military Support Committee (3 Vacancies)
Smith, Mary
McGlone Swanson, Agnes
Motion carried 5-0
ADJOURNMENT
Mayor Jennings adjourned the Special City Council Meeting at 7:05 p.m.
Respectfully submitted,
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Stacey Chavez, Deputy City Clerk