City Council Regular Meeting Minutes Page 1 of 11 May 7, 2024
LAGUNA NIGUEL CITY COUNCIL
Minutes of the Regular City Council Meeting
May 7, 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
Pursuant to Government Code section 54956.9(d)(2)
Significant exposure to litigation
Number of potential cases: 1
2. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
City Designated Representative: Justin J. Martin, Assistant City Manager
Employee Organization: Orange County Employees Association (OCEA)
3. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
City Designated Representative: Justin J. Martin, Assistant City Manager Unrepresented Employees: Executive and Management Employees
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 there was no reportable action taken during closed session.
INVOCATION – John Siu, Orange County Sheriff’s Department
City Council Regular Meeting Minutes Page 2 of 11 May 7, 2024
PLEDGE OF ALLEGIANCE – Daisy Girl Scout Troop #3583
PRESENTATIONS
1. Recognizing USPS Retiree – Van Singletary
The City Council presented a certificate of recognition to Van Singletary commending his service to the community through his esteemed career with the USPS.
2. Girl Scout Gold Award
The City Council presented a certificate of recognition to Gabriella Bakus, recipient of the Girl Scout Gold Award, for her initiative to help address the issue of childhood obesity among children in Orange County.
3. Laguna Niguel Cares Proclamation – Family Assistance Ministries
The City Council presented a proclamation to Teresa Schickling , Development Director of FAM, commending FAM’s commitment to serving the C ity’s residents and providing high quality hunger and homeless prevention services to members of the community.
Mayor Jennings formally recognized the month of May as Jewish American Heritage Month and Asian Pacific American Heritage Month.
PUBLIC COMMENTS
Jim McGinley provided an update on the Laguna Niguel Chamber of Commerce.
Aniko Sherry spoke on AB1356 and the La Paz Road construction project.
Monty McDivitt spoke on the Earth Day event at the Niguel Botanical Preserve.
CONSENT CALENDAR
Mayor Pro Tem Oddo pulled Item No. 5 from the consent calendar.
A MOTION was made by Council Member Johns , seconded by Council Member Winstead, to approve the remainder of the Consent Calendar as presented.
Motion carried 5-0.
1. Warrants of May 7, 2024
Approved as written.
2. Payroll Summary Register
Approved as written.
City Council Regular Meeting Minutes Page 3 of 11 May 7, 2024
3. Investment Report as of March 31, 2024
Approved as written.
4. Adoption of Resolution No. 2024-1472, Reaffirming and Extending the Existing Proclamation of Local Emergency in Connection with the Recent Earth Movement Under La Paz Road
Adopted Resolution No. 2024- 1472, reaffirming and extending the proclamation of local emergency in connection with the recent earth movement under La Paz Road.
6. Approval of Amendment No. 1 to Professional Services Agreement for On- Call Professional Services with EcoNomics, Inc. to Provide Solid Waste Management Consulting
1. Approved Amendment No. 1 to the Professional Services Agreement for On- Call Professional Services with EcoNomics, Inc. to provide solid waste management consulting services for a total not -to-exceed amount of $121,852 to assist with implementing Senate Bill 1383;
2. Authorized the City Manager to execute Amendment No. 1 and future amendments to the Professional Services Agreement for On- Call Professional Services with EcoNomics, Inc., subject to the City Attorney making non-substantive changes.
7. Adoption of the Final Community Development Block Grant (CDBG) Annual Action Plan for Fiscal Year 2024-2025
1. Adopted the Final CDBG Annual Action Plan for Fiscal Year 2024-2025; and,
2. Authorized the City Manager to execute the Agreements and future amendments of identified grant recipients, subject to the City Attorney making non- substantive changes.
8. Acceptance of a Quitclaim Deed from the County of Orange for an Access Easement for Long View Park Maintenance Purposes Over a Portion of Old Ranch Road
Adopted Resolution No. 2024-1473, approving the following:
1. Acceptingthe Quitclaim Deed from the County of Orange for the Access Easement for Long View Park Maintenance Purposes over a portion of Old Ranch Road;
2. Approvingthe recordation of the Quitclaim Deed;
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3. Directing the City Clerk to cause a certified copy of the Resolution and Quitclaim Deed to be recorded in the Official Records of the Orange County Clerk- Recorder; and
4. Authorizing the City Manager to execute any other documents necessary for the acceptance of the Quitclaim Deed and the recordation of the Resolution.
ITEM PULLED FROM CONSENT CALENDAR
5. Adoption Update on the City’s Legislative Advocacy Efforts
Mayor Pro Tem Oddo expressed her support of the item and shared Assemblymember Boerner’s E-bike legislation that requires anyone over the age of 12 without a valid drivers license to take an online E -bike safety training course and pass a written test.
A MOTION was made by Council Member Gennawey, seconded by Council Member Winstead to:
Receive and file the update on the City’s Legislative Advocacy Efforts.
Motion carried 5-0.
PUBLIC HEARING
1. Public Hearing to Consider Zoning Code Amendment ZCA 24-01 Introducing an Ordinance Amending Various Sections of the Laguan Niguel Municipal Code to Address Several State Housing and Land Use Mandates; 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 C ontract Planner, Stephanie Tomaino, and she provided a presentation on Zoning Code Amendment ZCA 24 -01 Introducing an Ordinance Amending Various Sections of the Laguan Niguel Municipal Code to Address Several State Housing and Land Use Mandates; and Determining the Action to be Exempt from the California Environmental Quality Act Under State CEQA Guidelines Section 15061(b)(3).
COUNCIL QUESTIONS
There were no additional questions.
Mayor Jennings opened the Public Hearing.
There were no public comments.
Mayor Jennings closed the Public Hearing.
City Council Regular Meeting Minutes Page 5 of 11 May 7, 2024
COUNCIL DISCUSSION
City Council discussion ensued regarding the proposed amendment of LNMC Section 9- 1-67 Electric Vehicle Charging Stations.
Mayor Pro Tem Oddo expressed her support on the item and shared that the City is streamlining a permitting process for EV charging stations. Mayor Pro Tem Oddo proposed that Subsection (b)(7)(i) be amended to read as follows: “EV charging stations shall be installed, located, or otherwise positioned in such a manner as to ensure that they are not visibly obtrusive as viewed from any public rights -of-way, including public streets and sidewalks.” Contract Planner Tomaino and City Attorney Smith affirmed that the amendment to the language as proposed by Mayor Pro Tem Oddo is consistent with the intent of the ordinance.
Council Member Gennawey inquired with staff if the proposed new language would make a real difference to how the EV chargers will be presented on property. Community Development Director Orduna shared that the intent of the s pecific section in the ordinance is to ensure thoughtful sighting of the facilities and the original standard was intended to encourage applicants to take a look at that and give staff the standards necessary should it need to be enforced. He added that the proposed language can arrive at the same intent but that it is slightly more subjective. He also added that staff is supportive of the language. Council Member Gennawey expressed his support for the proposed change of language.
Council Member Winstead shared that she wants to encourage EV charging stations and expressed her interest in having pictures as examples of things that are visibly obtrusive.
She expressed her support for the proposed change of language.
City Attorney Smith clarified that Subsection (b)(7)(ii) clarifies what obtrusiveness would be.
Council Member Gennawey read the subsection out loud and asked for confirmation that any machinery will be concealed. City Attorney Scott confirmed.
A MOTION was made by Mayor Pro Tem Oddo, seconded by Council Member Johns to:
1. Find that adoption of Zoning Code Amendment ZCA 24- 01 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 envir onment and thus is not a “project” under State CEQA Guidelines Section 15378 (see State CEQA Guidelines, Section 15060(c)(2) and (3)). Alternatively, even if adoption of ZCA 24- 01 did qualify as a project under CEQA, find that it is exempt from CEQA pursua nt to 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.
City Council Regular Meeting Minutes Page 6 of 11 May 7, 2024
2. Waive full reading, make any amendments to, and introduce Ordinance No. 2024- 228 by title:
ORDINANCE NO. 2024-228
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL,
CALIFORNIA, ADOPTING ZONING CODE AMENDMENT ZCA 24-01
AMENDING VARIOUS SECTIONS OF THE LAGUNA NIGUEL MUNICIPAL CODE TO ADDRESS SEVERAL STATE HOUSING LAND USE MANDATES;
AND DETERMINING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT UNDER STATE CEQA GUIDELINES
SECTIONS 15060(C)(2), 15060(C)(3), AND 15061(B)(3)
3. Direct that the proposed ordinance, with proposed changes, be placed on the agenda for the May 21, 2024, City Council Meeting and adopt the ordinance at that meeting.
Motion carried 5-0.
2. Public Hearing to Consider Zoning Code Amendment ZCA 24-02 Introducing an Ordinance amending Sections 9 -1-71, 9 -1-74, and 9- 1-77 to Adopt Criteria Allowing for the Placement of Seasonal Temporary Non- Commercial Signs in Designated Public Rights - of Way and Mandating Non- Commercial C ontent Neutrality Clause and Finding the Action to be Exempt from the California Environmental Quality Act Under State CEQA Guidelines Section 15061(b)(3)
Assistant City Manager Martin introduced and provided a presentation on Zoning Code Amendment ZCA 24-02 Introducing an Ordinance amending Sections 9-1-71, 9-1-74, and 9-1-77 to Adopt Criteria Allowing for the Placement of Seasonal Temporary Non- Commercial Signs in Designated Public Rights- of Way and Mandating Non-Commercial Content Neutrality Clause and Finding the Action to be Exe mpt from the California Environmental Quality Act Under State CEQA Guidelines Section 15061(b)(3).
Council Member Gennawey and Council Member Winstead both provided a report sharing the reasons for bringing this matter to the City Council for consideration. Council Member Gennawey proposed the following amendment to Laguna Niguel Municipal Code Section 9-1-74(m)(3) to read as follows, “Signs must be removed no later than five days after said election. If an election sign is not removed within five days after said election, the City may recover costs for removal.”
COUNCIL QUESTIONS
Mayor Pro Tem Oddo expressed her support of the item and inquired about Section 9-1- 74(m) and the recovery cost for removal of candidate signs. Council Member Gennawey answered by giving an example of a situation where after an election a candidate refuses to remove their signs and added that he does not want to eliminate the ability to recove r costs. Mayor Pro Tem Oddo inquired about fairly applying the recovery of cost. City Attorney Smith shared that in the past it has not been a big fiscal undertaking on the City
City Council Regular Meeting Minutes Page 7 of 11 May 7, 2024
to clean up candidate signs after the election and that the ordinance would read parallel to what is done when other C ity property is defaced or littered and the C ity seeks to recovers costs . Council Member Gennawey shared that the ordinance, as amended, affirmatively deletes the presumption that a candidate is liable for any signs with their name on it and if the city were to require somebody to pay the costs of removal there would need to be proof. City Manager Letourneau shared that the cost of removal would be based on either the hourly rate of the employee or the billed invoice of the contractor.
Mayor Pro Tem Oddo shared her support for the item. Assistant City Manager Martin shared that as it relates to all code enforcement, the city takes a gentler approach with focus placed on communication, education, and notification, and that this approach would continue with this Ordinance in place.
Mayor Jennings opened the Public Hearing.
There were no public comments.
Mayor Jennings closed the Public Hearing.
COUNCIL DISCUSSION
There was no further discussion.
A MOTION was made by Council Member Winstead, seconded by Council Member Gennawey to:
1. Find that adoption of Zoning Code Amendment ZCA 24-02 is exempt from CEQA because it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Regs. § 15378(a).) Further, ZCA 24-02 is exempt from CEQA as there is no possibility that ZCA 24-02 or its implementation would have a significant negative effect on the environment because ZCA 24-02 merely extends the permissible locations for the placement of certain temporary signs. (14 Cal. Code Regs. § 15061(b)(3).) There is no possibility that ZCA 24- 02 or its implementation would have a significant negative effect on the environment.
2. Waive the full reading, make any amendments to, and introduce Ordinance No. 2024-229 by title:
ORDINANCE NO. 2024-229
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
ADOPTING ZONING CODE AMENDMENT 24-02 AMENDING THE
LAGUNA NIGUEL SIGN ORDINANCE OF THE LAGUNA NIGUEL
MUNICIPAL CODE TO ADOPT CRITERIA FOR PLACEMENT OF
SEASONAL TEMPORARY NON-COMMERCIAL SIGNS IN PUBLIC
RIGHTS-OF-WAY AND NON-COMMERCIAL NEUTRALITY CLAUSE
AND DETERMINING THE ACTION TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
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3. Direct that the proposed ordinance, with changes, be placed on the agenda for the May 21, 2024, City Council Meeting and adopt the ordinance at that meeting.
Motion carried 5-0.
DISCUSSION ITEM
1. Review of the City’s Legislative Advocacy Platform
Management Assistant O’Connor introduced and provided a presentation on the City’s Legislative Advocacy Platform.
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 suggested having the review of the City’s L egislative Advocacy Platform as an annual item on the agenda. Mayor Pro Tem Oddo proposed additions to the current legislative platform which include: Adding support for fire safety initiatives, supporting the affordability and availability of homeowners and commercial insurance , advocating for the safe disposal of nuclear waste at San Onofre, supporting CEQA reform, including specific support for tackling fentanyl in public safety and drug legislation, supporting e-bike safety, supporting opposition to proposals that would financially burden CalPERS or threaten its viability , and supporting initiatives to upgrade, rehabilitate, or replace aging school facilities serving Laguna Niguel residents.
Council Member Gennawey agreed with the inclusion of fire safety but points out that it is already covered in the platform under public safety, specifically in improving fire suppression and prevention. He a cknowledged the importance of affordable homeowners’ insurance given the ongoing problem of insurance companies leaving the state and agreed on its inclusion but is unsure about the specifics of advocacy. He also agreed on the importance of safe nuclear waste disposal but suggest s considering whether it aligns with the core legislative principles and positions of the City, as it may not fall within the City's direct scope of responsibility. Council Member Gennawey agreed to include e-bike safety in the legislative platform, acknowledging current awareness efforts.
He added that efforts to combat the opioid crisis, which presumably cover issues related to fentanyl, are already included in the legislative document under the drug abuse section, specifically in bullet point two on page six. He also shared his support for opposing proposals that would financially burden or threaten the viability of CalPERS, the public
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employee pension system, emphasizing the need to protect it due to its importance to employees. Council Member Gennawey shared his reluctance for initiatives aimed at upgrading or repairing aging school facilities. He asked for further clarification from Mayor Pro Tem Oddo in regard to supporting CEQA reform.
Mayor Pro Tem Oddo shared that both the cities of San Juan Capistrano and Lake Forest have similar positions regarding the California Environmental Quality Act, in that they both support modifications to the act aimed at eliminating duplicative and unnecessary provisions. Council Member Gennawey proposed supporting changes to CEQA that retain CEQA’s foundation of appropriately addressing environmental impacts but that ensure that it is not used as a tool for litigation and the delay of important projects. Mayor Pro Tem Odd o expressed her support. Council Member Gennawey inquired with Community Development Director Orduna who shared that the staff would be very supportive of the language.
Council Member Gennawey proposed additions to the current legislative platform which include: Adding a bullet point to oppose new taxes and increases to current taxes , opposing actions that would change Proposition 13 of 1978, support efforts to prevent burglaries and "burglary tourism", and questioned the relevance of a bullet point opposing legislation that would change the nature of nonpartisan local agency elections, suggesting it might be outdated due to recent districting processes and proposed possibly removing or limiting it.
Council Member Johns shared his concurrence with Council Member Gennawey’s proposed additions. He inquired about how the proposed additions were to be added to the City’s Legislative Advocacy Platform. Council Member Gennawey answered in affirmative and shared that the goal is to discuss what the City Council would like to see added to the legislati ve platform and that staff would update as necessary and bring it back for approval. City Manager Letourneau stated that the items that a majority of the City Council directs to update will be added to the appropriate locations of the document and will be brought back to the City Council for adoption.
Mayor Pro Tem Oddo inquired about support of Prop 47 reform already being included in the legislative platform. Council Member Gennawey shared his support of adding support efforts to reverse Prop 47 and shared the importance of the initiative.
Council Member Johns expressed his support of reviewing the City’s Legislative Advocacy Platform yearly. City Manager Letourneau shared that staff would be happy to bring it back annually.
A MOTION was made by Council Member Johns, seconded by Council Member Gennawey to:
Add the following list of items to the City’s Legislative Advocacy Platform:
1. Support of affordability and availability of homeowner and commercial insurance
2. Support of safe disposal of nuclear waste at San Onofre
3. Support of changes to CEQA that retain CEQA’s foundation of appropriately
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addressing environmental impacts but that ensure that it is not used as a tool for litigation and the delay of important projects
4. Support of E-Bike safety
5. Support of opposing proposals that would financially burden or threaten the viability of CalPERS
6. Support of opposing new taxes and increases
7. Support of opposing actions to change Prop 13 of 1978
8. Support effort to prevent burglaries and burglary tourism
9. Remove the local election section
10. Support efforts to reform Prop 47
Motion carried 5-0.
OTHER BUSINESS/COUNCIL REPORTS
1. Council Reports
Council Member Winstead shared that she attended the Earth Day event at the Niguel Botanical Preserve, helped out with the trail cleanup behind Moulton Elementary, and attended the waterwise demonstration garden ribbon cutting at the Sea Country Senior and Community Center. She thanked those who volunteer their time serving the community and congratulated everyone who was nominated for Citizen of the Year.
Council Member Winstead congratulated Karen Campbell for being chosen as Citizen of the Year. She shared that she attended the ribbon cutting for the new Brick and Mini Figs store and encouraged the community to visit the new shop.
Council Member Johns shared that he attended the Orange County Sheriff’s M edal of Valor Ceremony and thanked law enforcement for everything they do. He shared that today is National Fentanyl A wareness Day. He also shared that he attended the Dana Hills High School awards program and the Crystal Apple Awards. Council Member Johns congratulated Karen Campbell for being chosen as Citizen of the Year.
Council Member Gennawey shared that he attended the C ity’s Volunteer Appreciation Dinner event and congratulated Karen Campbell for being chosen as Citizen of the Year and Pat B ates for her Distinguished Citizen Award. He encouraged the community to attend the summer movie dive in event hosted by the Youth Committee on May 18 th at
the Laguna Niguel Aquatic Center.
Mayor Pro Tem Oddo recognized staff in recognition of Public Service Recognition Week.
She thanked Monty McDivitt for the Niguel Botanical Preserve Earth Day event. She also congratulated Karen Campbell for being chosen as C itizen of the Year and thanked all the volunteers that provided their time and talents to the City . Mayor Pro Tem Oddo thanked all the recent Commission and Committee applicants and shared that the City appointed the youngest ever C ommissioner. She shared that she attended the SCAG conference in Palm Desert and participated in Fire Ops 101 with OCFA.
Mayor Jennings shared that she participated in Fire Ops 101 with OCFA and the Tech Tutor celebration at the Sea Country Senior and Community Center. She shared that she
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opened the Senior Games at the Opening Ceremony over the weekend with Council Member Winstead.
2. City Manager/Department Reports
There were no additional reports.
ADJOURNMENT
Mayor Jennings adjourned the Regular City Council Meeting at 8:50 p.m.
Respectfully submitted,
__
Marissa J. Asistin, CMC, City Clerk
_________________________________________________________________________________________________________ City Council Special Minutes Page 1 of 3 May 14, 2024
LAGUNA NIGUEL CITY COUNCIL
Minutes of the Special City Council Meeting
May 14, 2024 – 6:00 p.m.
CALL TO ORDER – Mayor Jennings called the Special City Council meeting on May 14, 2024, to order at 6:00 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 – Council Member Stephanie Winstead
PUBLIC COMMENTS
There were no public comments.
STUDY SESSION
1. Proposed Fiscal Year 2024/2025 Operating and Capital Budget
A Study Session for the Proposed Fiscal Year 2024/2025 Operating and Capital Budget was conducted. City Manager Letourneau, Finance Director Agrelius, and Public Works Director Scott presented an overview of the various elements of the proposed budget.
Included in the presentation was the review of the projects comprising the proposed Capital Improvement Project (CIP) p lan, the recommendation of proposed staffing updates, the recommendation of an update to credit /debit card and Community Development fees, and the recommendation of proposed financial policy updates, which will be scheduled for consideration at a public hearing to be held on June 4, 2024.
COUNCIL COMMENTS
In response to inquiry by Council Member Gennawey, Finance Director Agrelius confirmed that $900,000 from the current fiscal year and $3 million dollars from the next year will be spent on La Paz Road from the general fund reserve which includes the matching portion for the LT Cap grant . Additionally, Finance Director Agrelius confirmed that American Rescue Plan funds need to be either encumbered or spent by December 31, 2024, and that the City has met that requirement.
Council Member Winstead recognized staff for their hard work and efforts . Parks and Recreation Director Harmon confirmed for Council Member Winstead that the proposed Aquatics budget was reduced by $120,000 in anticipation of services being delivered in an updated fashion during the fiscal year.
_________________________________________________________________________________________________________ City Council Special Minutes Page 2 of 3 May 14, 2024 Finance Director Agrelius confirmed for Mayor Pro Tem Oddo that the intent of adding the CAMP fund to the Investment Policy is to look at the City’s sector allocation across all funds to verify that it is still in line with the P olicy overall. In response to inquiry by Mayor Pro Tem Oddo, Public Works Director Scott shared that the Serenity Lane capital improvement project was initiated through request from residents looking for traffic calming and safety enhancements in and around the intersection and was previously presented to the Traffic and Transportation Commission where it was approved. Public Works Director Scott added that the design of the project was funded in the current fiscal year and has been completed. Mayor Pro Tem Oddo proposed adding the project and funding for the Serenity Lane capital improvement project to the Fiscal Year 2024/2025 budget, by reducing the proposed $1.1 million- dollar allocation for general fund reserves, by $600,000 to fund the project.
Discussion ensued about adding the Serenity Lane capital improvement project to the Fiscal Year 2024/2025 Operating and Capital Budget , urgency for the Serent iy Lane project, grant funding, prioritizing of projects, consideration of revisiting the Serenity Lane project at mid-year, and projects without identified funding.
Public Works Director Scott confirmed for Mayor Jennings that a traffic study was conducted on Serenity Lane, and the results did not justify a full traffic signal but did justify modifications in the medians to enhance sight distance as a safety measure.
Public Works Director Scott also shared that traffic safety in the intersection will improve with the modifications.
Council Member Gennawey recognized staff for their hard work and efforts to produce an excellent proposed budget. Council Member Gennawey expressed his support for the proposed budget , and his satisfaction with the staff recommendation to commit the year ending June 30, 2024, budget surplus to the City’s General Fund Reserve.
Mayor Pro Tem Oddo recognized staff for their hard work and efforts to produce an excellent proposed budget.
Mayor Jennings expressed her support for the proposed budget, and h er satisfaction with the staff recommendation to commit the year ending June 30, 2024, budget surplus to the City’s General Fund Reserve.
Council Member Johns recognized staff for their hard work and efforts to produce an excellent proposed budget. He recognized and thanked staff for the reclassification of the Emergency Preparedness Coordinator position to further meet the needs of individuals experiencing homelessness in Laguna Niguel.
Mayor Jennings recognized staff for their hard work and efforts to produce an excellent proposed budget.
The City Council directed staff to have the Serenity Lane capital improvement project brought back for consideration during the mid-year budget review.
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ADJOURNMENT
Mayor Jennings adjourned the meeting at 6:56 p.m.
Respectfully submitted by:
_____________________________
Marissa J. Asistin, CMC
City Clerk
City Council Regular Meeting Minutes Page 1 of 6 May 21, 2024
LAGUNA NIGUEL CITY COUNCIL
Minutes of the Regular City Council Meeting
May 21, 2024
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 – Council Member Ray Gennawey
PLEDGE OF ALLEGIANCE – Boy Scout Pack #872
PRESENTATIONS
1. Proclamation Declaring National Poppy Day
Mayor Jennings presented a proclamation declaring May 24, 2024, as “National Poppy Day” to Martha McNicholas President of the American Legion Auxiliary Unit 281. She thanked Ms. Nicholas, and Auxiliary Unit 281 on behalf of the City Council, for the ongoing commitment to military members and their families.
PUBLIC COMMENTS
Susanna Miller spoke on the need for water bottle refill stations at public parks in Laguna Niguel.
Laura Koleas, Linda Sukut, Randy Pettis, and Marilyn Zeiner spoke on El Niguel Country Club’s easement along Paseo del Valle.
CONSENT CALENDAR
A MOTION was made by Council Member Johns, seconded by Mayor Pro Tem Oddo, to approve the Consent Calendar as presented.
Motion carried 5-0.
1. Warrants of May 21, 2024
Approved as written.
City Council Regular Meeting Minutes Page 2 of 6 May 21, 2024
2. Payroll Summary Register
Approved as written.
3. Minutes of the Regular City Council Meeting on April 16 th, 2024, and Minutes of
the Special City Council Meeting on April 29th, 2024
Approved as written.
4. Award of Maintenance Services Agreement for Citywide Janitorial Maintenance Services for Crown Valley Community Park, Neighborhood Parks Public Restrooms and the Metrolink Station to Eternal Love Limited Liability Company dba Vested Solutions
1. Awarded the Maintenance Services Agreement for Citywide Janitorial Maintenance Services for Crown Valley Community Park, Neighborhood Parks Public Restrooms and the Metrolink Station to Eternal Love Limited Liability Company dba Vested Solutions, in the not-to-exceed amount of $140,400 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 per year of the contract in the amount of $28,080 for unforeseen conditions or extra work and authorized the Public Works Director/City Engineer to approve additional work with Eternal Love Limited Liability Company dba Vested Solutions for a total not -to-exceed amount of $168,480 per year per vendor, if needed; and,
3. Authorized the City Manager to execute the Maintenance Services Agreement with Eternal Love Limited Liability Company dba Vested Solutions and future amendments, subject to the City Attorney making non-substantive changes.
5. Award of Maintenance Services Agreement to Real Green, Inc. for Citywide Weed Abatement Services
1. Awarded the Maintenance Services Agreement for Citywide Weed Abatement Services to Real Green, Inc. in the not -to-exceed amount of $70,436 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 $14,087 per fiscal year for unforeseen conditions or extra work and authorized the Public Works Director/City Engineer to approve additional work with Real Green Inc. for a total not-to-exceed amount of $84,523 per fiscal year, if needed; and,
3. Authorized the City Manager to execute the Maintenance Services Agreement and future amendments to the agreement for Citywide Weed Abatement Services with Real Green Inc., subject to the City Attorney making non-substantive changes.
City Council Regular Meeting Minutes Page 3 of 6 May 21, 2024
6. City Council Proposed Updates to City’s Legislative Advocacy Platform
Adopted the proposed City Council updates to the City’s Legislative Advocacy Platform.
7. Second Reading and Adoption of Ordinance No. 2024 -228 Adopting Zoning Code Amendment ZCA 24-01 Amending Various Sections of the Laguna Niguel Municipal Code to Address Several State Housing and Land Use Mandates
Conducted a second reading, by title only, and adopted Ordinance No. 2024-228:
ORDINANCE NO. 2024-228
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT ZCA 24-01 AMENDING VARIOUS SECTIONS OF
THE LAGUNA NIGUEL MUNICIPAL CODE TO ADDRESS SEVERAL STATE HOUSING LAND USE MANDATES; AND DETERMINING THE ACTION TO BE
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER STATE CEQA GUIDELINES SECTIONS 15060(C)(2), 15060(C)(3), AND 15061(B)(3)
8. Second Reading and Adoption of Ordinance No. 2024 -229 Adopting Zoning Code Amendment ZCA 24 -02 Amending the Laguna Niguel Sign Ordinance of the Laguna Niguel Municipal Code to Adopt Criteria Allowing for the Placement of Seasonal Temporary Non-Commercial Signs in Designated Public Rights-of- Way and Mandating Non-Commercial Content Neutrality Clause
Conducted a second reading, by title only, and adopted Ordinance No. 2024-229:
ORDINANCE NO. 2024-229
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA, ADOPTING ZONING CODE AMENDMENT 24-02 AMENDING THE LAGUNA NIGUEL SIGN
ORDINANCE OF THE LAGUNA NIGUEL MUNICIPAL CODE TO ADOPT
CRITERIA FOR PLACEMENT OF SEASONAL TEMPORARY NON-COMMERCIAL
SIGNS IN PUBLIC RIGHTS-OF-WAY AND NON-COMMERCIAL NEUTRALITY
CLAUSE AND DETERMINING THE ACTION TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
9. Approval of Multi -Year Professional Services Agreements for On -Call Video Production Services
1. Approved Multi-Year Professional Services Agreements for On- Call Video Production Services, subject to extension administratively for two additional one- year periods, with the following firms (listed alphabetically):
• Bakers Man Productions, LLC
• Born Ready Films, LLC
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• Encore Communications
• Marabate Studios
• Network Television Time, Inc.
• Polarlight Productions, LLC
2. Authorized the City Manager to execute the Multi -Year Professional Services Agreements and future amendments to the agreements, subject to the City Attorney making non-substantive changes.
PUBLIC HEARING
1. Proposition 218 Public Hearing for Proposed Adjustments to Solid Waste Collection Rates
Assistant City Manager Justin Martin provided an introduction of the item and introduced Management Assistant , Kevin O’Connor, who provided a presentation on proposed adjustments to solid waste collection rates and the requirements set forth in Proposition 218.
COUNCIL QUESTIONS
In response to Council Member Gennawey , Management Assistant O’ Connor stated that most single-family residential customers will experience an increase of approximately $0.30 per month or $3.60 per year , that when the contract with CR&R was originally approved, inflation adjustment rates were agreed to by the City, that the holding of Proposition 218 hearing is mandated by the state, and adjustments to the rate increases are in accordance with the City’s franchise agreement with CR&R. Management Assistant O’ Connor stated that voting against the rate increase could open the City to legal exposure and deferred to City Attorney Smith on the level of exposure. City Attorney Smith affirmed Management Assistant O’ Connor’s statement. Management Assistant O’ Connor clarified for Council Member Gennawey that that the agreement was adopted in 2018 and the last increase was adopted via Proposition 218 public hearing in 2019.
Mayor Jennings opened the Public Hearing.
Andrea Redfield spoke in opposition of the proposed adjustments to solid waste collection rates.
Mayor Jennings closed the Public Hearing.
COUNCIL DISCUSSION
Council Member Gennawey thanked staff for their presentation and the public speaker for her comments. He shared that when it comes to rate increases, no matter the number, he likes to know why the increases are proposed. He stated that the reason why the City is doing the adjusted inflation rate is because it is included in the contract the City entered with CR&R. Council Member Gennawey stated that although the public hearing is being
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held, it does not change the terms of the contract the City agreed to with CR&R. He stated that the City Council is cognizant that there is a cost-of-living crisis in the state of California and added that the City Council took a majority vote to oppose propositions ACA 1 and ACA 13. He stated that he is in favor of continuing the contract with CR&R.
A MOTION was made by Council Member Johns , seconded by Council Member Gennawey to:
In the absence of a majority protest, adopt Resolution No. 2024- 1474, approving increases to the solid waste collection service rates.
Motion carried 5-0.
OTHER BUSINESS/COUNCIL REPORTS
1. Council Reports
Council Member Winstead shared that she attended a meeting with the Orange County Tax Association and the Laguna Niguel Wom an’s Club Art Contest . She shared that Orange County United Way recently broke the Guinness Book of World Records for most hygiene kits made by making 6,136 hygiene kits and thanked the Laguna Niguel residents who helped in breaking the world record. Council Member Winstead congratulated all high school seniors on their upcoming graduation.
Council Member Johns thanked the serviceman and those who gave their life for the country and encouraged the community to attend the Memorial Day program at Sea Country Senior and Community Center on Monday, May 27
th. He thanked the City’s law
enforcement for their services and shared that he attended the Laguna Niguel Citizens Academy graduation on May 13 th. Council Member Johns shared that his wife attended the Washington DC Candlelight Vigil and Memorial Service and encouraged the residents to thank those in law enforcement who have given their life. He shared that he and his wife volunteered for the Special Olympics on May 11
th where they judged the Bocce Ball
competition and encouraged the residents to support Special Olympics.
Council Member Gennawey shared that he attended the Youth Committee interviews and is excited for the year to come with the new members. He encouraged those students who did not get selected this year to re-apply next year. He shared that he attended the Laguna Niguel Little League Championship games on Saturday, May 18 th and
congratulated the winners from each division. Council Member Gennawey congratulated the graduates of the Laguna Niguel Citizens Academy and encouraged residents to consider applying for the next academy.
Mayor Pro Tem Oddo shared that she attended the Youth Committee interviews and congratulated those who were selected as new members and encouraged those who did not get selected to re- apply next year. She shared that she attended the Chamber of Commerce Golf tournament on Fr iday, May 17 th, and congratulated the Laguna Niguel Woman’s Club for their successful fundraiser. Mayor Pro Tem Oddo commended Public
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Works Director Jacki Scott for the addition of a new bike lane near Marina Hills Park and the bike etiquette informational signs.
Mayor Jennings recognized National Public Works Week and thanked the Public Works Department for all their hard work. She shared that she presented the C ity’s 2024 Strategic Plan Update to the South Orange County Economic Coalition and at the recent Laguna Niguel Chamber of Commerce Networking Breakfast.
2. City Manager/Department Reports
Parks and Recreation Director Jonathon Harmon shared that the City’s Summer Concert Series begins on Friday, June 7
th with Cassie B at the Crown Valley Amphitheater from
6:30 p.m. to 8:30 p.m. He announced that the Sea Country Festival will take place from August 23rd to August 25th and encouraged the residents to attend.
ADJOURNMENT
Mayor Jennings adjourned the Regular City Council Meeting in memory of David Russell Ohrn, a member of the organizing committee that formed the Laguna Niguel Chamber of Commerce in 1982, at 7:50 p.m.
Respectfully submitted,
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Marissa J. Asistin, CMC, City Clerk