Laguna Beach City Council Minutes April 12, 2022
MINUTES
LAGUNA BEACH CITY COUNCIL
REGULAR HYBRID VIRTUAL/IN-PERSON MEETING
April 12, 2022
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, April 12, 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 Iseman led the Pledge of Allegiance.
CLOSED SESSION
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Conference with Labor Negotiators (pursuant to Government Code section 54957.6): Reviewing the City's position and giving instruction to its negotiator with regard to the Laguna Beach Municipal Employees Association and the Laguna Beach Management Group; City negotiator is Shoreh Dupuis, City Manager.
Conference with Real Property Negotiator (pursuant to Government Code section 54956.8): two items - price and terms of payment for possible acquisition of property at (1) 30516 Coast Highway; City negotiator is Shoreh Dupuis, City Manager; property owner representative is Roman Catholic Bishop of Orange; and (2) 31796 Coast Highway; City negotiator is Shoreh Dupuis, City Manager; property owner representative is John Mazza.
City Attorney Phil Kohn reported that in this evening's Closed Session, the City Council provided direction and authorized continuing negotiations with the Laguna Beach Municipal Employees Association and the Laguna Beach Management Group. Regarding the two items of real property negotiations, Kohn reported that the Council received a verbal status report and more information is expected to be received from the property owners.
EXTRAORDINARY BUSINESS
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Toni Iseman, and carried unanimously 5/0 to approve Extraordinary Business items 1 - 3.
1. PROCLAMATION RECOGNIZING APRIL 2022, AS DMV/DONATE LIFE MONTH Approved the Proclamation recognizing April 2022, as DMV/Donate Life Month. -1-
Laguna Beach City Council Minutes April 12, 2022
2. PROCLAMATION RECOGNIZING APRIL 12, 2022, AS EDUCATION AND SHARING
DAY USA
Approved the Proclamation recognizing April 12, 2022, as Education and Sharing Day USA.
3. RESOLUTION SUPPORTING HUMANITARIAN EFFORTS IN UKRAINE Adopted Resolution #22.027 titled, "A RESOLUTION OF LAGUNA BEACH, CALIFORNIA,
CALLING FOR AN END TO THE CRISIS IN UKRAINE AND PROMOTING HUMANITARIAN EFFORTS FOR THE UKRAINIAN PEOPLE."
PUBLIC COMMUNICATIONS
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Ganka Brown advocated for the City Clerk position to be changed from elected to appointed.
Pat Kollenda, Laguna Beach Arts Alliance, reported that the Arts Alliance is celebrating 20 years, and members will be sharing their programs during public communication at Council meetings.
Kollenda also advocated for more parking in the downtown and Arts District.
Denny Freidenrich read his letter that was published in StuNews Laguna and the Laguna Beach Independent regarding the recent passing of two iconic figures, Bonnie and Arnold Hano.
Liz Davis, Three Arch Bay, thanked the Council for allowing the community to feel heard. She stated that view preservation is Three Arch Bay's most important issue, and asserted that the community's Architectural Review Board has been successful in resolving issues within its community.
Steve Sasaki requested the Council's assistance in enforcement of the View Restoration Order he obtained.
Pat Gallis asserted that CEQA (the California Environmental Quality Act) is being used as a weapon with lawsuits to hinder projects.
Trish Sweeney requested that all consultant reports be accessible and easily located on the City's website.
Michele Monda reiterated her request for a response on why no one in Code Enforcement responded to her request to address an open fire pit immediately when she reported it. City Manager Shohreh Dupuis advised that the public should call the police non-emergency number for immediate response to safety issues. Community Development Director Marc Wiener advised that staff strives to respond to requests within one business day.
Paul Merritt requested increased enforcement of speed limits on Coast Highway. He also stated that the work/live project on the Canyon does not seem to reflect what was approved.
Gene Felder again referenced a September 21, 2021, letter from Senior Deputy District Attorney -2-
Laguna Beach City Council Minutes April 12, 2022
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; and reiterated his question if the Council agrees that there was a clear violation of the Brown Act by discussing Hotel Laguna without proper noticing. Felder also referenced a May 5, 2020, letter from Community Development Director Marc Wiener to applicant Mo Honarkar requiring that a comprehensive plan for the Hotel Laguna project be provided, and asked for the status of that plan.
Felder also asked about the cause of the Emerald Fire.
Ruben Flores advocated for South Laguna to be provided the same level of attention as the rest of Laguna. Flores also asserted that it is inappropriate to plant Torrey Pines in street tree wells. He also asserted that the City of Laguna Beach has the largest budget and number of employees per capita of other cities.
MJ Abraham thanked Flores for advocating for South Laguna. She also asserted that recent City employee departures are indicative of systemic management and retention issues.
Lorene Laguna requested that the Council prioritize the continuation of the multi-use pathway at the Village Entrance to the Lewellyn neighborhood.
COUNCIL AND STAFF REPORTS
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City Treasurer Laura Parisi thanked the Council for the opportunity to attend the Government Investment Officers Association conference, providing her the opportunity to hear about the latest developments in state and local government finance and investments.
City Clerk Ann Marie McKay advised the public that she created the QR (quick response) code that is posted around Council Chambers that link to the electronic version of the meeting agenda, for better accessibility to the agenda and the linked agenda reports. McKay also advised the public that written communications are public information and posted on the City's website, so personal information that the public does not want published should not be included in those communications. McKay also advised the Council that petitions on two initiatives, regarding hotel development and hotel workers, were submitted on Saturday, and she provided them to the County on Monday for signature verification. She advised that the County has 30 working days to verify that a sufficient number of signatures was obtained to qualify for the November 2022 ballot.
City Manager Shoreh Dupuis announced that Human Resources & Risk Manager Aggie Nesh received the 2022 Human Resources Leader of Distinction Award from the Orange County Business Journal, and noted that Nesh is also celebrating her one-year anniversary with the City.
City Manager Shoreh Dupuis also announced that the California Coastal Commission just advised the City that the Council's resolution accepting the Coastal Commission's revisions to the City's updated Downtown Specific Plan has been found to be in accordance with the Coastal Commission's direction; therefore, as of today, the City's updated Downtown Specific Plan is in place.
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Regarding Sweeney's comments about the availability of documents on the City's website, City Manager Shohreh Dupuis advised that those records are available in the City's records management system, which is accessible on the City's website, and had Senior Management Analyst Jeremy Frimond provide a brief demonstration on how to find that information.
Regarding Hotel Laguna's comprehensive plan, Community Development Director Marc Wiener advised that the conceptual plan was presented to the Planning Commission in October, and the applicant is ready to submit plans on the next phase of the project that are not subject to the California Coastal Commission appeal.
City Manager Shoreh Dupuis advised that the County has not released information on the cause of the Emerald Fire.
City Manager Shoreh Dupuis clarified that three employees retired after decades of government service, as opposed to five resigning as mistakenly reported in the Laguna Beach Independent.
City Manager Shoreh Dupuis advised that Community Development Director Marc Wiener will follow up with Sasaki regarding his View Restoration Order.
City Manager Shoreh Dupuis advised that Caltrans is scheduled to provide an update on its projects at the Council's April 26, 2022, meeting. Regarding the request to continue the multi-use path on Laguna Canyon Road to Canyon Acres, City Manager Shoreh Dupuis advised that since Caltrans maintains Laguna Canyon Road, the project would need to be implemented by Caltrans.
Councilmember George Weiss commented on the Education and Sharing Day proclamation that it could be added to the first whereas that education is also a foundation of the success of democracy. Regarding the Ukraine resolution, he stated that he would have loved to be part of the revisions to what he submitted six weeks ago. Weiss also stated that he is a fan of transparency, and improvements could be made.
Councilmember Toni Iseman expressed frustration regarding the lack of access to designs by consultants for City projects. Regarding the artist work/live project, Iseman asserted that the reality is contrary to the "affordable" nature that had been presented during the approval process, and she requested direction on how she can hear the testimony provided at the hearings. Regarding the City Clerk, Iseman asserted that she has never heard a complaint. Iseman also agreed that it is inappropriate to plant Torrey Pines along Coast Highway and expressed concern that those planted are becoming rooted. Iseman also expressed concerns regarding the recent power outages affected many businesses, reporting that Southern California Edison advised her that one outage was caused by a vehicle hitting equipment and the other outage was due to failed underground equipment, and businesses can apply for compensation for losses related to the outages. Heidi Miller provided testimony related to the effects on businesses from these outages, and City Manager Shoreh Dupuis advised that Southern California Edison is scheduled to provide an update at the Council's April 26, 2022, meeting.
Councilmember Peter Blake surmised that the high rents for the artist work/live units may be related to the high legal fees related to the project.
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Laguna Beach City Council Minutes April 12, 2022
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 4-7 and 9.
MINUTES OF THE CITY COUNCIL MEETING
Approved the Minutes of the Regular Meetings of the City Council of March 15 and March 29,2022.
WARRANT LISTING
Approved the General Warrants and payroll disbursements.
Warrants: $2,863,727.79 03/18/2022
Payroll #20: $1,210,262.44 03/25/2022
Total $4,073.990.23
CITY TREASURER'S MONTHLY INVESTMENT REPORT FOR FEBRUARY 2022 Received and filed the Monthly Investment Report for February 2022.
RESOLUTION APPROVING SB-1 ROAD MAINTENANCE, STREET
MAINTENANCE, REHABILITATION, AND SAFETY PROJECTS FOR FISCAL YEAF 2022-23
Adopted the Resolution #22.028 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB-1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017," with correction in section 3 replacing Fiscal Year 2021-22 with 2022-23.
ACQUISITION OF 363 GLENNEYRE STREET AND LEASE AGREEMENT WITH THE
COUNTY OF ORANGE FOR CONTINUED OPERATION OF THE LAGUNA BEACH
PUBLIC LIBRARY
Staff Report: Assistant City Manager Ken Domer gave a presentation explaining the potential acquisition and lease agreement with the County of Orange for the continued operation of the Laguna Beach Public Library. He stated that under a 1970 agreement with the County of Orange (County), the City had an option to purchase the property at 363 Glenneyre Street, the Public Library, and on January 7, 2020, the City Council approved the exercising option for $4.29 million with a leasing agreement with the County for three years, upon which the City would negotiate an amended lease agreement. -5-
Laguna Beach City Council Minutes April 12, 2022
Questions of the Staff: Mayor Sue Kempf confirmed with staff that if the City assumed operations of the library after the three-year leasing period, the City would collect the Library Fund for $2.8 million annually that would then go directly towards library matters.
City Manager Shohreh Dupuis added that the agreement would be signed with the County in the summer of 2022.
Councilmember George Weiss asked about the effect of not purchasing the property and continuing the current agreement with the County. City Manager Shohreh Dupuis responded that the City would lose the opportunity to purchase the property for $4.2 million.
Assistant City Manager Ken Domer explained that the intent was to enter into negotiations within the next 12 months to go beyond three years, with direction from the City Council.
Councilmember George Weiss voiced concerns about a short three-year lease with the County.
City Manager Shohreh Dupuis stated that the County would not make any capital improvements to the 50-year building with a lease longer than three years, and she described the terms of the proposed agreement.
Councilmember George Weiss pointed out that the staff report stated that the City would be looking into other sites for the library and he voiced concerns about the clause in the agreement to relocate the library to a new location.
Councilmember Peter Blake clarified two points: one, that currently the County was being paid $2.8 million, and spending $800,000 to $1.2 million on expenses, which gave the County a $2 million to $1.6 million profit; and two, the property was valued more than the agreed purchase price of $4.2 million. He continued that he supported a lease agreement for three years that would allow further negotiations of the property. Blake stated that it was in the interest of the City to purchase the property at this price to gain local control.
Councilmember Toni Iseman discussed protection of the library at its present location and maintaining its current status within the county library system. She stated that the community had concerns that a future City Council could purchase the property and develop the land into something else.
Assistant City Manager Ken Domer clarified that tonight's recommendation from staff was to purchase the building and to lease it back to the County to operate as a library. He added there was no recommendation that would entail the tearing down, or a change of use to the Laguna Beach Public Library.
Councilmember George Weiss read section nine of the lease agreement that pertained to the relocation of library services and voiced his concerns. -6-
Laguna Beach City Council Minutes April 12, 2022
Public Testimony: Paul Holmes, an unnamed member of the public, Deborah Laughton, Carolyn Keating, Owen Orgill, David Raber, Mallory Keller, Chris Catsimanes, Michael Morris, Marilyn Ghere, Dale Ghere, Kathleen Geptson, Mark Orgill, Eric Jenson, Anne Caen, Jacob Cherub, Gene Felder, Julia Johnson, Trish Sweeney, Meredith McMahon, Elizabeth McGhee, MJ Abraham, John Thomas, Caren Liuzzi, Catherine Jurca, Gregory Isreal, Paul Carter, and Lili Mannarino said they did not support the staff's recommendation to purchase the library and lease back the library to the County for three years. They listed their reasons.
Karey Philippsen, Tom Gibbs, Michele Monda, Ruben Flores, Taffy Eagle, Ann Christoph, Carol Nilsen, Jeffrey Redeker, Barbara McMurray, and Joe Hanhauer said they supported local control of the library and they stated their reasons.
Councilmember Comments: Mayor Pro Tem Bob Whalen commented that he appreciated the public input; however, he stated that it was critical to have a library in town and there was no intention to tear down or relocate the Laguna Beach Public Library. He stated that the purchase made sense to maintain local control and reinvest money into the library that had been under invested by the County. Whalen questioned whether the physical space was adequate to address the needs of the community. He added that he would support buying the property with the intention to agree that the County continue to provide library services.
Councilmember George Weiss restated that the City was taking relocation of the library seriously. He agreed that he could support purchasing the library; however, he said he would want to implement a long-term plan to keep the library at its current location.
Councilmember Toni Iseman stated that she supported a 50-year lease with the County to remain within the Orange County Library system and to negotiate repairs of the building.
Iseman added that the library was the heart of the town, and she did not believe it needed to be purchased.
Councilmember Peter Blake commented that he supported staff's recommendation to purchase a valuable piece of property in the middle of town. He added that it was important to have the option to do with the library what the City wants to in the future.
Mayor Sue Kempf commented that the library required technical and physical upgrades and the County needed to pay for these improvements. She stated that she supported purchasing the property and maintaining local control.
Councilmember Toni Iseman commented that parking at the library was important.
Mayor Sue Kempf added that there had never been any discussions to tear down the library and build a parking structure in its place.
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Councilmember George Weiss commented that he disagreed with Mayor Kempf's comment.
He stated that he would endorse acquiring the library to keep local control: however, he added that he would only support this action if the agreement included a 25-year County lease to continue its free public library services. Weiss said it would be important to reinvest in the library to refurbish the property.
Moved by Councilmember George Weiss, seconded by Councilmember Toni Iseman, and carried 4/1 to:
(1) Approve the purchase of 363 Glenneyre Street (APN: 644-014-01) from the County of Orange for the appraised purchase price of $4,290,000 plus related closing costs and fees, authorize the City Manager, or her designee, to execute all applicable transaction documents, including, without limitation, a purchase and sale agreement, and authorize the City Clerk to execute the Certificate of Acceptance for the Grant Deed from the County of Orange;
(2) Authorize the City Manager, or her designee, to negotiate and execute lease agreement #22-22 with the County of Orange for the property located at 363 Glenneyre Street for a 25-year term, rent-free in exchange for provision of continued free public library services, including a provision in the lease to use up to $4.2 million paid to the County by the City for the acquisition along with any funding that the County collects directly from property tax revenues not used for the operation of the library toward refurbishments of the building and enhancement of library services and materials, with no provision regarding relocation possibilities.
Roll Call:
Ayes: Iseman, Weiss, Whalen, Kempf
Noes: Blake
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(3) Authorize the City Manager, or her designee, to execute lease agreement #22-23 with the Laguna Beach Chamber of Commerce for a portion of the Laguna Beach Library Building, for a term of three years at no cost in fulfillment of the February 13, 1937, donation of land agreement obligation; and
(4) Determine that the recommended acquisition and lease are exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15061(b)(3) and Section 15301 (Class 1) Categorical Exemption.
RECEIVE AND FILE THE STATE MANDATED HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR 2021
Received and filed the 2021 Housing Element Annual Progress Report. -8-
Laguna Beach City Council Minutes April 12, 2022
REGULAR ORDER
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10. APPROVAL OF 2022 SUMMER PARKING MANAGEMENT PLAN AND TRANSIT
SERVICES UPDATE
Staff Report: Deputy Director of Public Works Michael Litschi gave a presentation describing the update to the 2022 Summer Parking Management Plan and Transit Services.
Questions of Staff: Councilmember Toni Iseman commended the trolley staff for their courteous attitudes and driving skills. She asked about the trolley stop at Broadway and Beach Street. Deputy Director of Public Works Michael Litschi explained the trolley stop location at Broadway and Beach Street, and a discussion ensued.
Councilmember George Weiss asked about the costs of the trolley service. Deputy Director of Public Works Michael Litschi described the proposed budget for the trolley service.
Public Testimony: Dan Rosenthal suggested a free rideshare during the summer for patrons of restaurants and bars.
Chris Catsimanes confirmed with staff that revenue data for the meters in town was available to the public.
Gene Felder applauded the staff report. He suggested Summer Breeze service for business employees in town and renaming the Parking Fund to the Residents Mitigation Fund, and he explained.
Penny Milne stated that she appreciated the efforts to accommodate residents; however, she said she supported more trolley options for residents in Laguna Canyon.
John Thomas suggested better signage at the hospital public parking lot and he asked if there were any plans to expand the on-demand service to South Laguna.
Anne Caenn commented on the overcrowding from the Ritz Carlton trolley stop driving north and the importance to accommodate the residents in town.
City Manager Shoreh Dupuis responded to the public's comment regarding the advantages of the Ritz Carlton trolley stop. She pointed out that staff had implemented a long and short route that lessened the impact to residents.
Councilmember Toni Iseman stated the issue with the Ritz Carlton stop was not going south, but the northbound route. She voiced concerns that South Laguna was not receiving adequate service.
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Moved by Councilmember George Weiss, seconded by Councilmember Toni Iseman, and carried unanimously 5/0 to:
(1) Authorize the operation of summer trolley service on the Coastal, Canyon, and Summer Breeze routes and expanded Laguna Beach Local on-demand service hours, between June 24, 2022 and September 5, 2022;
(2) Authorize the operation of a summer Beach Trolley service between June 10, 2022 and August 21, 2022, at an estimated cost of $60,000, and appropriate $25,000 from the Parking Fund to cover the cost of the service during June 2022; (3) Authorize the City Manager, or her designee, to amend Agreement #21-38 with LAZ Parking California, for increased scope of work and budget to operate expanded trolley and on-demand services not included in the original scope of work; (4) Authorize the City Manager, or her designee, to negotiate and execute, or extend lease agreements, for seasonal public parking lots with Mission Hospital Laguna Beach, Laguna College of Art and Design, the Festival of Arts, the property owner at 303 Legion Street; the property owner at 232 Ocean Avenue, and UMass Global; (5) Authorize the City Manager, or her designee to designate Lot 12 as the employee parking lot, and Lot 11E as a public parking lot beginning June 24, 2022, and continuing year- round;
(6) Authorize the sale of a summer parking pass for $20 that offers unlimited parking in the LCAD lot, and for $50 that offers unlimited parking in the Act V, LCAD, and Susi Q parking lots;
(7) Authorize the continuation of the Passport to the Arts parking permit program, which provides discounted parking in Lot 16 (Act V); and
(8) Authorize the City Manager, or her designee, to make any changes to recommendations 1-7 above based on any impacts related to the COVID-19 pandemic.
11. CONSIDERATION OF LAND USE AND PARKING PROVISIONS TO BE
CONSIDERED FOR FUTURE CODE AMENDMENT/BALLOT MEASURE
Staff Report: Director of Community Services Marc Wiener gave a presentation regarding the proposed amendments to the zoning ordinance and to the City's historic preservation program as modified and approved by the California Coastal Commission. He also discussed modifications to building height, mass and scale, as well as parking in-lieu fees and credits to address the concerns of the Laguna Residents First (LRF) Initiative that will go before the voters at the November 2022 general municipal election.
Assistant City Manager Ken Domer continued with the PowerPoint presentation discussing the consideration of engaging a ballot advisory service consultant to move forward with placing an initiative on the November 2022 ballot in response the Laguna Residents First (LRF) ballot measure.
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Public Testimony: Joe Hanauer stated that he opposed the LRF initiative, explaining he did not agree with the initiative's solutions to address overdevelopment, because the City's processes currently regulated overdevelopment successfully. He said he supported staff's recommendations.
Chris Catsimanes commented that he did not support staff's recommendations and he explained. He said there needed to be a realistic development plan for the future.
Dan Rosenthal opined that LRF's initiative had some laudable objectives that needed to be addressed by staff; however, he said that if the initiative were implemented it would have the unintended consequence of destroying Laguna Beach and he explained. Rosenthal stated that staff had recognized the positive aspects of the initiative and areas where improvements were required, and he supported staff's recommendations with some modifications.
John Thomas stated that he appreciated staff's attempt to address the concerns of the LRF initiative; however, he voiced concerns with the proposed parking amendments and the City engaging a political consultant that had been previously hired by Liberate Laguna.
Anne Caenn said she did not support hiring the proposed political consultant.
Merrill Anderson stated that it was "shameful" to engage a political consultant to defeat the grassroot efforts of LRF.
Gene Felder voiced concerns about the lack of parking in Laguna Beach and he discussed parking in-lieu fees. He said he did not support staff's recommendations.
Johanna Felder stated that while the City had attempted to address some of LRE's initiative concerns with the proposed modifications, she questioned why the City had not acted on these issues until a group of residents had worked diligently to get an initiative on the ballot.
She added that she did not support staff's recommendations and asked that the City Council not squander any more taxpayers' money.
action and she explained. She said the City was not addressing residents' concerns with this Ann Christoph opinioned that hiring a political consultant was not the correct course of staff report.
Michele Monda read a letter from Kurt Wiese stating a protest to award a contract to the proposed political consultant for the reason that it would be a violation of the municipal code.
Cody Engle said he supported staff's recommendations and the engagement of the political consultant. He added that the LRF initiative highlighted concerns; however, he said that it went too far and he described.
Cindy Shopoff commented that the political consultant was a Laguna Beach resident and he would address the City's needs appropriately. She encouraged the City Council to proceed with staff's recommendations.
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MJ Abraham voiced concerns about spending taxpayers' money on creating an alternative ballot measure.
Councilmember Comments: Councilmember George Weiss confirmed that the City Attorney did not concur with Kurt Weiss' statement. He asked about the height of rooftop dining in the downtown and a discussion ensued. Weiss voiced concerns about the cost and the political sway of the proposed political consultant going up against the LF initiative.
Councilmember Peter Blake stated that he supported awarding the contract to the proposed political consultant.
Mayor Pro Tem Bob Whalen followed up with the City Attorney and confirmed that the hiring of the proposed political consultant was not a violation of the municipal code.
City Attorney Phil Kohn responded in detail as to the reasons why the awarding of this contract to the political consultant would not be a violation of the municipal code.
City Manager Shoreh Dupuis described the terms of the contract with the political consultant and a discussion ensued.
Mayor Pro Tem Bob Whalen commented that approximately 10% of Laguna Beach registered voters had signed their names to move forward with the LRF measure; however, he said that it was incumbent upon him as a Councilmember to develop a competing initiative because although the LRF initiative made valid points, it was flawed in its execution. He added that he was greatly concerned with the cumulative effect provision. Whalen said he supported creating a City ballot measure and he explained. He stated that he supported moving forward with creating an ordinance and drafting a competing ballot measure that controlled overdevelopment while promoting reinvestment in the community.
Councilmember Toni Iseman confirmed with staff that the parking provisions were conceptual at this time. She also confirmed with Mayor Pro Tem Whalen that the political consultant's scope of work did not include educating the public on the issue.
Mayor Sue Kempf stated that staff were on the right track with this staff report. She suggested the competing ballot measure be kept simple and easily understandable for voters. Mayor Kempf said that it was important to find a balance between protecting Laguna Beach and development. She added that she supported awarding the contact to the political consultant because his scope of work would be limited.
Moved by Councilmember Peter Blake, seconded by Mayor Pro Tem Bob Whalen, and carried 3/1 to:
(1) Direct staff to return to the City Council with a draft ordinance that includes land use and parking provisions discussed in the agenda report that could also be used for drafting of a ballot measure for the voters; and
(2) Authorize the City Manager, or her designee, to execute service provider agreement #22-24 with StuMollrich Communications for the period of four months for ballot -12-
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advisory services in an amount not to exceed $10,000 per month, extend the agreement up to $35,000 for unanticipated and additional services that might be needed, and appropriate $75,000 from the General Fund undesignated fund balance for ballot advisory services.
Roll Call:
yes. Blake, Whalen, Kempf
Joes Iseman
Abstain: Weiss
12. GENERAL PLAN AMENDMENT 19-5414, ZONING ORDINANCE AMENDMENT 17- 0289, LOCAL COASTAL PROGRAM AMENDMENT 17-0388 TO REVISE THE CITY'S
HISTORIC PRESERVATION PROGRAM, AS MODIFIED AND APPROVED BY THE
CALIFORNIA COASTAL COMMISSION
City Attorney Phil Kohn explained the scope of review, which was to consider the modifications that were suggested by the Coastal Commission as part of the Local Coastal Program (LCP) amendment.
Staff Report: Senior Planner Martina Caron gave a presentation describing the California Coastal Commission (CCC) modifications to the Historic Preservation Ordinance.
Director of Community Development Marc Wiener clarified the language amendment in Section 3 of the ordinance pertaining to Second Residential Units.
Mayor Pro Tem Bob Whalen made some minor clerical errors to the proposed ordinance.
Public Testimony: Ann Christoph voiced concerns with the proposed Historic Preservation Ordinance, and she explained
Larry Nokes commented on the onerous expectations on homeowners if a house was determined to be an historic resource without the property owner's consent. He stated that he agreed with the modifications by both the CCC and staff, and he urged the City Council to adopt the Historic Preservation Ordinance.
Anne Caenn, president of Village Laguna, asked that the City Council not adopt the proposed modifications, but revise the City's approach to be in line with the comments submitted in a letter from Village Laguna.
Director of Community Development Marc Wiener responded to the concerns raised by the public, and a discussion ensued.
Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempf, and carried 3/1 to:
(1) Introduce Ordinance #1670 that accepts the Coastal Commission's suggested modifications amending the City's Historic Preservation Program and the City's Local Coastal Program as described in the Agenda Report, with the corrections noted, by: a) -13-
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asking the City Clerk to read the title of the Ordinance, and b) approving a motion to waive further reading of the Ordinance and pass it to a second reading; and (2) Adopt Resolution #22.029 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING LOCAL COASTAL PROGRAM AMENDMENT 17-0388 AS REVISED TO APPROVE THE
CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS AND REQUESTING ITS CERTIFICATION BY THE COASTAL COMMISSION." Roll Call:
Ayes: Blake, Whalen, Kempf
Noes: Iseman
Abstain: Weiss
RESOLUTION ADOPTING A FEE SCHEDULE UPDATE FOR THE COMMUNITY
DEVELOPMENT, WATER QUALITY, PUBLIC WORKS, AND FIRE DEPARTMENTS
AND REVIEW OF COMMUNITY DEVELOPMENT STAFFING PROPOSAL
Due to the late hour, this item was continued to a subsequent City Council meeting.
COUNCILMEMBER ITEM
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14. APPROPRIATION OF FUNDS FOR A CITY OF LAGUNA BEACH HOUSING FUND (WEISS)
Due to the late hour, this item was continued to a subsequent City Council meeting.
ADJOURNMENT
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There being no further business, Mayor Kempf at 11:50 p.m., Tuesday, April 12, 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 26, 2022, at City Hall, 505 Forest Avenue, Laguna Beach California. ******** ******
Approved: April 26, 2022
Kempt, Mayany
CuUR
Amn Marie Mckay, City Clerk
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NOTICE OF ADJOURNMENT OF CITY COUNCIL MEETING
(GOVERNMENT CODE SECTION 54995
EXCERPT OF THE MINUTES OF THE
HYBRID VIRTUAL/IN-PERSON REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH
April 12, 2022
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The hybrid virtual/in-person Regular Meeting of the City Council of the City of Laguna Beach was held at 5:00 p.m., Tuesday, Aapril 12, 2022, in the City Council Chambers, 505 Forest Avenue, Laguna Beach, California.
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PRESENT COUNCILMEMBERS: Blake, Iseman, Weiss, Whalen, Kempf PARTICIPATING REMOTELY: None
ABSENT: COUNCILMEMBERS: None
ADJOURNMENT
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There being no further business, Mayor Kempf at 11:51 p.m., Tuesday, April 12, 2022, adjourned to the Closed Session at 4:00 p.m., and the hybrid virtual/in-person Regular City Council Meeting at 5:00 p.m., Tuesday, April 26, 2022, at City Hall, 505 Forest Avenue, Laguna Beach, California.
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STATE OF CALIFORNIA
COUNTY OF ORANGE SS.
CITY OF LAGUNA BEACH
I, Ann Marie McKay, City Clerk of the City of Laguna Beach, California, do hereby certify that the foregoing is a full, true, and correct copy of the Minute entry on record in my office. IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Laguna Beach, California, on this 13" day of April 2022.
Culika
WCORPORATED ly Clerk of the Cily of Laguna Beach alitornia JUNE 29.192
TA COUNTY CATS
CERTIFICATE OF POSTING
NOTICE OF ADJOURNMENT
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1, Ann Marie McKay, City Clerk of the City of Laguna Beach, California, DO CERTIFY that at the hybrid virtual/in-person Regular Meeting of the City Council held on Tuesday, April 12, 2022, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HEREIO; and that on April 13, 2022, at the hour of 9:50 a.m., a copy of the Notice was posted at a conspicuous place on or near the door of the place at which said meeting of the City Council was held.
city Clerk of the City of Laguna Beach, Califórnia