MINUTES
LAGUNA BEACH CITY COUNCIL
REGULAR HYBRID VIRTUAL/IN-PERSON MEETING
March 29, 2022
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, March 29, 2022, in the City Hall, 505 Forest Avenue, Laguna Beach, California, Mayor Kempf presiding.
ROLL CALL
PRESENT: COUNCILMEMBERS: Blake, Iseman, Weiss, Whalen, Kempf PARTICIPATING REMOTELY: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Blake led the Pledge of Allegiance.
CLOSED SESSION
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Conference with Legal Counsel Regarding Existing Litigation (pursuant to Government Code section 54956.9(d)(1)) - significant exposure to litigation against the City - four items: (1) Williams v. City of Laguna Beach (Orange County Superior Court Case No. 30-2022-01245965) regarding sewer backup; (2) Camacho Claim No. 19-144848 regarding worker's compensation; (3) Kramer Claim No. 19-39 regarding personal injury; and (4) Bowler Claim No. 20-04 for personal injury.
Conference with Real Property Negotiator (pursuant to Government Code section 54956.8): one item - price and terms of payment for possible lease of property at 355, 359, 361, and 363 3rd Street; City negotiator is Shoreh Dupuis, City Manager; property owner is Laguna Presbyterian Church.
City Attorney Phil Kohn reported that in this evening's Closed Session, the City Council received a status report on the Williams litigation and voted unanimously to ratify the City Manager's direction to tender the City's defense and indemnity to the City's contractor and contractor insurers, and to file cross complaints. Kohn also advised that the Council received status reports on the Camacho claim regarding worker's compensation and on two "trip and fall" personal injury claims, and votec unanimously to provide settlement authority to staff for those claims. Kohn also advised that the Council received a staff presentation and voted 3-1-1 (Iseman voted no and Weiss abstained) to provide further direction to staff regarding lease negotiations for property owned by the Laguna Presbyterian Church at 355, 359, 361, and 363 3rd Street.
EXTRAORDINARY BUSINESS
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PROCLAMATION RECOGNIZING APRIL 15, 2022, AS WORLD ARTS DAY Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to approve the Proclamation recognizing April 15, 2022, as World Arts Day.
Laguna Beach City Council Minutes March 29, 2022
MAYORS' MONARCH PLEDGE AND ESTABLISHMENT OF A MONARCH
BUTTERFLY AND POLLINATOR GARDEN AT BLUEBIRD PARK
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Toni Iseman, and carried unanimously 5/0 to:
(1) Authorized the Mayor to sign the National Wildlife Federation's Mayors' Monarch Pledge;
(2) Authorized the establishment of a Monarch Butterfly and Pollinator Garden in Bluebird Park in two locations, which includes planting of native milkweed and educational signage.
PUBLIC COMMUNICATIONS
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Ganka Brown commented on eucalyptus groves blocking views, and provided photos of vines she asserted are aggressive and were not there before 2019, despite City staff's assertion that they are indigenous.
Pat Gallis requested another update on the lawsuits filed related to historic preservation and CEQA, the Kirby residence on Hawthorne Road and the City's Coastal Commission-approved Historical Preservation Ordinance.
Alan Boinus provided slides asserting that the approved crawl space at the San Jose property is being constructed as a room.
Michele Monda expressed concerns that she received no response after leaving a voicemail reporting a fire hazard to Code Enforcement around noon on Thursday, and Code Enforcement knew nothing about the message she left when she talked to them on Monday. Monda stated that she called the Fire Department on Sunday about an open fire pit, which the Fire Department dealt with immediately. Monda complimented Code Enforcement Officer Ross Corona and Fire Prevention Officer Ray Lardie for their quick actions. Monda also expressed concern regarding her perception of a pattern of the City Manager overstepping her role.
Johanna Felder noted the poll in the Laguna Beach Independent regarding use of the new food waste recycling bins, with over 50% of respondents indicating that they do not use the bin. Felder encouraged everyone to use the bins.
Gene Felder referenced a September 21, 2021, letter from Senior Deputy District Attorney Steven Schriver, which noted that the Council waived confidentiality regarding the June 29, 2021, Closed Session and openly discussed the proceeding during its August 24, 2021, meeting. Felder asked if the Council agrees that there was a clear violation of the Brown Act by discussing Hotel Laguna without proper noticing.
Chris Catsimanes stated that he was not surprised by the situation with the Kirby residence after what has occurred at Hotel Laguna.
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Laguna Beach City Council Minutes March 29, 2022
COUNCIL AND STAFF REPORTS
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City Treasurer Laura Parisi showed the national certification awarded to the City by the Association of Public Treasurers of the United States and Canada for the City's 2022 Investment Policy.
City Clerk Ann Marie McKay reminded Form 700 filers that their annual Statement of Economic Interests is due April 1, 2022. McKay also advised that the Orange County Registrar of Voters is piloting a new ballot tracking feature for the June primary at select drop boxes, which will allow voters to track their ballot right when they put it in the drop box.
City Manager Shoreh Dupuis and Mayor Sue Kempf recognized Lieutenant Jim Cota on his retirement from the Laguna Beach Police Department after 27 years of service.
Mayor Pro Tem Bob Whalen requested that staff look into Boinus' claim regarding the project on San Jose Street to ensure compliance with what was approved.
City Manager Shoreh Dupuis confirmed for Mayor Sue Kempf that the County has not yet provided a report on the cause of the Emerald Fire.
Councilmember George Weiss proposed a resolution for the Council to consider in support of Ukraine. He also advised that he has submitted an item for discussion at the next Council meeting concerning the appropriation of funds for affordable housing.
CONSENT CALENDAR
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Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to approve items 3-6, 9-10, 13, and 15.
3. MINUTES OF THE CITY COUNCIL MEETING
Approved the Minutes of the Regular Meeting of the City Council of March 1, 2022.
4. WARRANT LISTING
Approved the General Warrants and payroll disbursements.
Warrants: $1,582,190.40 03/04/2022
Payroll #19: $1,316,067.57 03/11/2022
Total $2.898.257.97
CLAIMS AGAINST THE CITY
(1) Rejected claim #22-06 filed by Michelle Stephens;
(2) Rejected claim #22-07 filed by Greg Guild; and
(3) Rejected claim #22-08 filed by Valentina Albano.
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Laguna Beach City Council Minutes March 29, 2022
6. CITY TREASURER'S MONTHLY INVESTMENT REPORT FOR JANUARY 2022 Received and filed the Monthly Investment Report for January 2022.
7. APPROVAL OF THE MAIN BEACH COBBLESTONE AREA AND USE OF AMPLIFIED MUSIC FOR THE 2022 FÊTE DE LA MUSIQUE
Councilmember Toni Iseman pulled this item for additional information about the Laguna Beach Sister Cities Association that organized the event.
Public Testimony: Karyn Philippsen described the Laguna Beach Sister Cities Association and gave a brief video presentation on Fete de la Musique, the world's day of music.
Justin Myers stated that Laguna Beach's Sister Cities consisted of Menton, France, San Jose Del Cabo and St. Ives, England.
Moved by Councilmember Toni Iseman, seconded by Councilmember George Weiss, and carried unanimously 5/0 to approve the use of the Main Beach Cobblestone area with a stage, and up to 10 booths for the 15'h Annual Fête de la Musique event on June 18, 2022, including use of amplified sound throughout the City and the bagging of five parking meters for unloading of equipment with no fees applied.
APPROVAL OF UPDATES TO THE CITY'S GUIDELINES FOR STREET LIGHTING
STANDARDS
Councilmember Toni Iseman pulled this item and requested a report from staff.
Staff Report: Director of Public Works Mark McAvoy described the street lighting program.
Councilmember Toni Iseman confirmed with staff that the ornamental streetlights would be consistent throughout the city.
Councilmember George Weiss asked about the implementation of 5G. Project Director Tom Perez stated that this action had no impact on 5G and would need to be processed through Community Development and the Planning Commission.
Public Testimony: John Thomas asked about streetlighting in South Laguna.
Project Director Tom Perez responded stating that the proposed streetlighting was for all of Coast Highway including South Laguna.
Moved by Councilmember Toni Iseman, seconded by Councilmember George Weiss, and carried unanimously 5/0 to approve an update to the Guidelines for Street Lighting incorporating the City Street Light Standards.
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Laguna Beach City Council Minutes March 29, 2022
RESOLUTION ADOPTING CITY OF LAGUNA BEACH STANDARD PLANS FOR
PUBLIC WORKS CONSTRUCTION
Adopted Resolution #22.023 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING CITY OF LAGUNA BEACH STANDARD PLANS."
10. RESOLUTION AUTHORIZING THE SUBMITTAL OF APPLICATIONS FOR
ELIGIBLE CALRECYCLE GRANTS
(1) Adopted Resolution #22.024 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, AUTHORIZING SUBMITTAL OF
APPLICATION(S) FOR ALL CALRECYCLE GRANT AND PAYMENT
PROGRAMS FOR WHICH LAGUNA BEACH IS ELIGIBLE;" and
(2) Authorized the City Manager, or her designee, to execute all documents necessary to secure funds and implement the approved grant or payment project.
11. RESOLUTION AMENDING THE APPENDIX OF DESIGNATED EMPLOYEES WITH
FILING RESPONSIBILITIES UNDER THE CITY'S CONFLICT OF INTEREST CODE Councilmember George Weiss pulled this item and confirmed that the modifications to th City's Conflict of Interest Code were a result of redundant job title:
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to adopt Resolution #22.025 amending the Conflict of Interest Code Appendix of Designated Employees.
12. PLACEMENT OF CITY EMBLEM ON CITY COUNCIL CHAMBER WALL Councilmember Toni Iseman pulled this item to voice concerns about the proposed placement of the City Emblem in the Council Chambers.
Mayor Pro Tem Bob Whalen suggested that the City Seal be placed on the front of the dais rather than on the back wall.
Moved by Councilmember Toni Iseman, seconded by Councilmember George Weiss, and carried unanimously 5/0 to approve the installation of a color decorative City Emblem on the front of the dais of the Laguna Beach City Council Chambers.
13. SERVICE PROVIDER AGREEMENT FOR OCEAN LIFEGUARD SERVICES TO
IRVINE COVE
Authorized the City Manager, or her designee, to execute service agreement #22-17 with the Irvine Cove Community Association from May 28, 2022, to May 27, 2023, for lifeguard services in the amount of $35,937, with the ability to extend the agreement for three additional one-year terms.
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Laguna Beach City Council Minutes March 29, 2022
14. AUTHORIZATION OF CONTRACT AMENDMENT FOR PARKING METER ANNUAL TRANSACTION PROCESSING AND 4G UPGRADE
Councilmember Toni Iseman pulled this item to garner additional information.
Director of Public Works Mark McAvoy described the contract amendment for parking meters.
City Manager Shoreh Dupuis added that the modification would give the City the ability to remove the parking meter poles on sidewalks and to pay by license plates.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Authorize the City Manager, or her designee, to finalize and execute a one-year contract extension with IPS Group Incorporated (IPS) for a not-to-exceed amount of $295,000 for parking meter operations and transaction processing, with the option to extend for an additional one-year period;
(2) Authorize the City Manager, or her designee, to finalize and execute agreement #22- 18 with IPS to upgrade up to 1,300 parking meters to 4G at a cost of $185 per meter, for an estimated total cost of $275,000, including tax and shipping, with an option to return the upgraded meters before December 2023, for a full credit of the upgrade fee toward the purchase of IPS multi-space pay stations; and (3) Waive design review for installation of multi-space pay stations per LBMC $25.02.040(B)(1)(p).
15. ADOPTION OF AN ORDINANCE TO AMEND SECTION 2.30.040 OF LAGUNA
BEACH MUNICIPAL CODE TO INCREASE PURCHASING LIMITS OF
DEPARTMENT DIRECTORS AND CITY MANAGER
Adopted Ordinance #1669 titled, "AN ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING SECTION 2.30.040 OF THE LAGUNA BEACH
MUNICIPAL CODE, RELATING TO THE PURCHASING APPROVAL AUTHORITY FOR DEPARTMENT DIRECTORS AND CITY MANAGER," by approving a motion to waive further reading and adopt the Ordinance.
REGULAR ORDER
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[The Appeal was heard at this time.]
16. APPOINTMENT OF CITY COUNCIL MEMBERS TO REVIEW FISCAL YEAR 2022-23
COMMUNITY ASSISTANCE GRANT APPLICATIONS
Staff Report: Deputy Director of Public Works Michael Litschi briefly described the Community Assistance Grant (CAG) program available to local nonprofits and/or public organizations that provide special services to Laguna Beach residents. -6-
Laguna Beach City Council Minutes March 29, 2022
Councilmember Peter Blake and Mayor Sue Kempf volunteered to review the applications for the 2022-23 CAGs.
Public Testimony: John Thomas suggested that the financial needs of an organization be one of the key criteria when selecting the grant recipients.
Moved by Mayor Sue Kempf, seconded by Mayor Pro Tem Bob Whalen, and carried unanimously 5/0 to select Mayor Sue Kempf and Councilmember Peter Blake to review the Fiscal Year 2022-23 Community Assistance Grant applications, and return with funding recommendations at the June 21, 2022, City Council meeting.
17. 2022 GOAL SETTING AND STRATEGIC PLANNING RESULTS
Staff Report: City Manager Shoreh Dupuis gave a brief presentation that reported the City Council 2022 goals and strategic plan results. She commented that the City Council Strategic Planning and Goal Setting Workshop was held on March 4, 2022, where the City Council identified priorities. Dupuis stated that she was requesting that the City Council formally adopt those priorities for staff to pursue over the next one to five years.
Questions of Staff: Mayor Sue Kempf highlighted Six Sigma and including it as part of the city's processes. She asked about the Open Space Zoning Compliance (Attachment 1, item 18 in the staff report) and a brief discussion ensued.
Councilmember George Weiss confirmed with the City Manager that items 3 and 20 in Attachment 1 were related priorities.
Mayor Pro Tem Bob Whalen suggested wording modifications to item two (Develop a Funding Plan for Laguna Canyon Road Improvements) in Attachment 1 in the staff report.
City Manager Shoreh Dupuis clarified that item 21 in Attachment 2 (Laguna Canyon Road Potential Improvements) was already in progress and item two in Attachment 1 would be updated to be included in Attachment 2.
Mayor Sue Kempf asked about item 35 in Attachment 2 (Add Two Remote Observation Cameras) not having a completion date. City Manager Shoreh Dupuis explained that Attachment 2 listed current projects and their completion dates.
A discussion regarding the current projects (Attachment 2 of the staff report) resulted.
City Manager Shoreh Dupuis informed City Council that staff would be updating the project matrix on a quarterly basis, which would be forwarded to the City Council.
Public Testimony: Hoiyin Ip thanked staff. She added that she supported moving towards zero emissions in Laguna Beach.
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Laguna Beach City Council Minutes March 29, 2022
Moved by Councilmember George Weiss, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to:
(1) Direct staff to incorporate priorities identified during the 2022 Strategic Planning and Goal Setting Session into the Key Projects Matrix; and
(2) Direct the City Manager, or her designee, to develop funding and implementation timeline for the new priorities.
UPDATE TO NOTICING PROTOCOLS FOR UPCOMING CITY COUNCIL AGENDA ITEMS
Staff Report: Senior Management Analyst Jeremy Frimond gave a presentation outlining options for noticing protocols for upcoming City Council agenda items. He listed staff's recommendation.
Questions of Staff: Mayor Sue Kempf confirmed that under staff's recommendation an agenda item could be removed prior to noticing the meeting.
City Manager Shohreh Dupuis discussed Option 1(b) in the staff report regarding amending the City Council's meeting calendar to ensure agenda packets were posted on weeks when City Hall was open on Friday. She asked the Councilmembers about moving dates in 2022.
Mayor Pro Tem Whalen and Mayor Kempf stated that they could not change the City Council dates for 2022.
Councilmember George Weiss proposed posting the agendas on a Wednesday, rather than on a Thursday on the short weeks.
City Manager Shoreh Dupuis informed the City Council that the timeline to complete staff reports a day earlier would be difficult to alter.
Councilmember Peter Blake commented that he supported maintaining current protocols and he explained.
Mayor Sue Kempf suggested ensuring larger project agenda reports be posted earlier to give the public adequate time to review.
Councilmember George Weiss said he supported more advance notice of agenda items and he was ready to accept staff's recommendations.
Councilmember Toni Iseman discussed the ability to ensure the public could access specific agenda items from past City Council meetings easily and a brief discussion ensued Public Testimony: Trish Sweeney suggested including the Tentative Agenda in the Community Newsletter.
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Laguna Beach City Council Minutes March 29, 2022
John Thomas suggested adding efficiencies to the agenda report process by utilizing Six Sigma.
Louis Weil commented that he supported early access of information to the public in a consistent manner.
Councilmember George Weiss clarified with the City Manager that the Tentative Agenda for the following meeting could be included in the Community Newsletter with a link to the remaining 2022 Tentative Agenda.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to implement protocols for noticing future City Council meetings described as Option IA, 1C (List Regular Order items for the upcoming meeting in the Community Newsletter, with a link to the Tentative Agenda), and ID in the Agenda Report.
PUBLIC HEARING FOR APPEALS
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[This item was heard before Regular Order Agenda Item #16].
A. APPEALS OF THE APPROVAL OF DESIGN REVIEW 21-10112, VARIANCE 21-10113.
AND CALIFORNIA ENVIRONMENTAL QUALITY ACT CATEGORICAL
EXEMPTION TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE AND ATTACHED GARAGE AT 44 SOUTH LA SENDA DRIVE IN THE THREE ARCH BAY ZONE
Staff Report: Senior Planner Chris Dominguez gave a presentation describing the appeal of the Design Review Board (DRB) approval at 44 South La Senda Drive for a major remodel for a single-family dwelling. He stated the basis for appeal: 1) failure to attord due process and 2) failure to articulate basis and reasoning related to design review criteria, Three Arch Bay architectural design criteria and variance findings. Dominguez discussed view equity and view preservation standards.
Questions of Staff: Councilmember Peter Blake confirmed with staff that the proposed design did not exceed the 19-foot height requirement.
Councilmember George Weiss asked about the parking standards in Three Arch Bay.
Senior Planner Chris Dominguez responded to Councilmember Weiss and explained that the license agreement in Three Arch Bay was akin to a revocable encroachment permit and was a private agreement. He added that the parking agreement would need to be in place before building permits were issued.
Director of Community Development Marc Wiener confirmed that this unique development standard adopted in 1989, was part of the City's code.
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Laguna Beach City Council Minutes March 29, 2022
Testimony in Support of the Appeal: Chuck Krolikowski, attorney representing the appellants of the Three Arch Bay Association, stated that their appeal had been filed based on the Design Review Board's abuse of discretion and he described in a presentation.
Katherine Strasburg, neighbor and appellant, shared her concerns and her reasons for appealing the proposed project including 1) the proposed second story was not neighborhood compatible and 2) a privacy and view impact on her home. She requested the project be remanded to the DRB with direction and she listed her suggestions.
Paul Brent, Beth Zollars, Russell Thompson, Jerry Haden, Dan Daniels, Chuck Benson, Terri Benson, Liz Davis, Sherry Samuelian, Jen Roop, Steve Roop, Sue Loftin, Jeff Blue and Ruben Flores spoke in support of the appeal and stated their reasons, including lack of due process, neighborhood compatible concerns, blocked views, and mass and scale issues.
Testimony in Opposition to the Appeal: Larry Nokes, attorney representing the applicant, stated that the DRB had carefully applied their discretion when approving the fully-vetted project at 44 South La Senda Drive in Three Arch Bay. He addressed the concerns and the basis for the neighbors' appeals and he requested the City Council deny the appeals and sustain the DRB's conditional approval.
Horst Noppenberger, architect for the project, gave a presentation describing the proposed design. He added that there had been many modifications made by the applicants to address neighbors concerns of mass and scale.
David Goldberg stated his reasons for supporting the project and denying the appeals.
Mike Hoch, applicant and homeowner, described the lengthy and difficult Three Arch Bay design review process. He explained that he was anxious to move his family into a home that could accommodate a family of five. Hoch stated that many design concessions had been made to address the neighbors concerns and he explained. He said that after 3½ years, he was hopeful their home could be approved tonight, and they could move forward with construction.
Siena Hoch, Luke Hoch, and Marcy Hoch, all spoke about their desire to move ahead with the building of their home in Three Arch Bay and requested the City Council deny the appeals.
Rebuttal: Chuck Krolikowski, attorney for the appellant Three Arch Bay Association, addressed the comments from Larry Nokes, the attorney for the applicant.
Paul Brent, representing the appellant Katherine Strasburg, addressed neighborhood compatibility, variances, and review standards.
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Councilmember Comments: Mayor Pro Tem Bob Whalen stated that it boiled down to two areas of concern, 1) building site coverage and 2) view equity versus view preservation and he explained. He suggested the City Council remand the project to DRB to make the findings to exceed the 44% site coverage, and to clarify the view preservation standard under the Three Arch Bay portion of the municipal code.
Councilmember George Weiss commented that he did not support that any legal mistakes had been made on the findings presented by the DRB and he explained Councilmember Toni Iseman suggested further review of excavating the property to minimize view impacts. She said she supported remanding the project to DRB with specific direction.
Councilmember Peter Blake said he supported the DRB and city staff recommendations to deny the appeals and he explained. He said the house was neighborhood compatible and he added that compromises had been made to minimize view impacts.
Mayor Sue Kempf stated that the lot coverage was excessive, and she supported clarifying view equity versus preservation design standards. She added that she agreed with Mayor Pro Tem Whalen's comments.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Toni Iseman, and carried 3/2 to remand the project back to the Design Review Board, with Resolution #22.026, with the Council's direction to address an error regarding exceeding the allowable 44% site coverage and to better address view preservation.
Roll Call:
Ayes: Iseman, Whalen, Kempf
Noes: Blake, Weiss
ADJOURNMENT
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There being no further business, Mayor Kempf at 9:43 p.m., Tuesday, March 29, 2022, adjourned to the Closed Session at 4:00 p.m. and to the Regular Hybrid Virtual/In-Person City Council Meeting at 5:00 p.m. on Tuesday, April 12, 2022, at City Hall, 505 Forest Avenue, Laguna Beach California. *****************
Approved: April 12, 2022
Sue Kempf, Mayor
Ann Marie Mckay, City Clerk)
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