Laguna Beach City Council Minutes May 10, 2022
MINUTES
LAGUNA BEACH CITY COUNCIL
REGULAR HYBRID VIRTUAL/IN-PERSON MEETING
May 10, 2022
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, May 10, 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
Mayor Kempf led the Pledge of Allegiance.
CLOSED SESSION
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Confer with Legal Counsel Regarding Existing Litigation (pursuant to Government Code section 54956.9(d)(1))) - five items: (1) South Orange County Wastewater Authority, et al. v. Moulton Niguel Water District (Riverside County Superior Court Case No. RIC 1721240); (2) Brennan Claim No. 15-121449 regarding worker's compensation; (3) Brennan Claim No. 15-124479 regarding worker's compensation; (4) Roberts Claim No. 20-147001 regarding worker's compensation; and (5) CaPERS Office of Audit Services Public Agency Review of City of Laguna Beach.
Confer with Legal Counsel Regarding Anticipated Litigation (pursuant to Government Code section 54956.9(d)(2) and 54956.9(d)(4)) - significant exposure to litigation and consideration of whether to initiate litigation: proposed reorganization, and possible dissolution, of the South Orange County Wastewater Authority.
Confer with Legal Counsel Regarding Anticipated Litigation (pursuant to Government Code section 54956.9(d)(2))) - significant exposure to litigation: CalPERS review of City of Laguna Beach's use of retirement exclusions.
Ajit Thind, City Attorney's office, reported that in this evening's Closed Session, the City Council voted to approve the three worker's compensation claims subject to alternate written agreements.
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Laguna Beach City Council Minutes May 10, 2022
EXTRAORDINARY BUSINESS
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Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Toni Iseman, and carried unanimously 5/0 to approve Extraordinary Business items 1 - 2.
1. UPDATE FROM PROVIDENCE MISSION HOSPITAL LAGUNA BEACH Received and filed the update from Providence Mission Hospital Laguna Beach egarding safety enhancements at their lower campus, medical office building, an arking areas
2. PROCLAMATION FOR NATIONAL PUBLIC WORKS WEEK
Approved the Proclamation recognizing the week of May 15-21, 2022, as National Public Works Week in the City of Laguna Beach.
PUBLIC COMMUNICATIONS
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John Marconi, President of the Emerald Bay Service District, presented proclamations to recognize each of the Laguna Beach Fire Department personnel that fought the Emerald Fire.
Councilmember George Weiss confirmed for Ganka Brown that he viewed the plant she expressed concerns about and determined that it is a native wild cucumber plant. Ganka Brown once again asserted that the City Clerk position should be changed from elected to appointed.
Jay Kramer, Laguna Beach Arts Alliance, reported on the Laguna Community Concert Band's upcoming events, and invited the Mayor to conduct the July 17 performance at the Festival grounds.
Chris Catsimanes questioned Brown's political agenda since similar comments were not made regarding the previous City Clerk
Les Miklosy referenced the petition emailed in March to the Council and City for a multi-use pathway, reiterating the request.
Dee Sheldon thanked the Council for keeping the library and expressing concern about the homeless.
She requested that the City keeps the trolley service while also ensuring jobs are maintained by partnering with the Chamber
Hoiyin Ip requested that the Council support Senate Bill 1173, the Fossil Fuel Divestment Act.
Gene Felder asserted that the public deserves answers to Brown Act violation questions and once again referenced a September 21, 2021, letter from Senior Deputy District Attorney Steven Schriver, reiterating his question if the Council agrees that there was a clear violation of the Brown Act by discussing Hotel Laguna without proper noticing.
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Laguna Beach City Council Minutes May 10, 2022
Louis Weil announced that he is running for City Council, listing his campaign priorities, and referred the public to his campaign website.
Trish Sweeney congratulated the City on its response to the Emerald Fire and requested an update on the South Laguna Fire Station project.
Ruben Flores congratulated the Garden Club on its sold-out Gate & Garden Tour. He also requested coffee truck or food truck services be provided to the Top of the World neighborhood. Flores also asked how the order of agenda items is determined, expressing concern that items with the most public interest are being placed at the end of the agenda.
Vicki Long, the Cougar Connection, commented on "Laguna Leo," mountain lion M317 that has been seen in Laguna Beach. Councilmember Toni Iseman advised that the Laguna Greenbelt is working on creating a wildlife corridor.
COUNCIL AND STAFF REPORTS
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City Treasurer Laura Parisi reported that she attended the California Municipal Treasurers' Association conference, focusing on cyber security for banking. She also reported receiving recognition for her involvement with the Orange County Treasury Oversight Committee and for assisting the County Treasurer's Office in County Treasury management projects. Parisi also reported that she virtually attended the Revenue and Taxation Policy Committee. Parisi also noted that she is working on coordinating a meeting with the ad hoc committee because of the current significant inflationary period.
City Clerk Ann Marie McKay announced that the City is accepting applications for the Citizens' Audit Review Committee and the Environmental Sustainability Committee. She advised that in order to allow more time for interested citizens to apply, the deadline to submit applications to the City Clerk's office has been extended to Thursday, May 19, at 5:30 p.m., and applications will not be accepted after the deadline. She noted that interviews and appointments will be conducted on Tuesday, June 7, 2022, at 3:00 p.m., by the City Council. McKay also reported that vote-by-mail ballots were mailed out by the County for the June 7 primary election; the last day to register to vote online or by mail is May 23, conditional voter registration may be done at the County Registrar of Voters through election day.
City Manager Shoreh Dupuis noted that the petition for the multi-use pathway was brought up in public comments at an April Council meeting, at which time she responded, advising that since Caltrans is responsible for Laguna Canyon Road, the request cannot move forward without a larger effort involving the entire roadway, which is currently being worked on.
City Manager Shoreh Dupuis stated that there is no update on the South Laguna fire station project, and she advised that staff will follow up with Flores regarding his request for food truck services in the Top of the World neighborhood.
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Laguna Beach City Council Minutes May 10, 2022
Regarding the process of developing Council agendas, City Manager Shoreh Dupuis advised that the City Manager's office works with staff and the Department Heads to ensure full participation by reducing the number of items on the agenda to the extent possible.
Civilian Services Administrator Jim Beres provided an update on mountain lion M317, noting that he appears to be staying primarily in the wildlife areas along Laguna Canyon Road. Rebecca Barboza, California Department of Fish and Wildlife, provided a presentation on the importance of mountain lions to the ecosystem, their protected status, and how humans can keep themselves and their pets safe. Barboza commented that M317 is a young male trying to find his own territory.
Councilmember George Weiss requested that important topics be placed earlier on the agenda.
Councilmember Toni Iseman reported on the Heritage Month kickoff event at Hotel Laguna, and requested that a brochure be created on the advantages of having a historic property.
Councilmember Peter Blake responded again to Felder, asserting that there was no Brown Act violation by the Council, but rather, violations were committed by Councilmembers Weiss and Iseman. Councilmember George Weiss and Councilmember Toni Iseman refuted Councilmember Peter Blake's assertion.
Mayor Sue Kempf reported on upcoming Cultural Arts events, including June 11 shows by the Luce Puppet Company, Circus Bella shows on June 18, and the Fête de la Musique, also on June 18.
CONSENT CALENDAR
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Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Peter Blake, and carried unanimously 5/0 to approve items 3, 4, 7, and 8.
MINUTES OF THE CITY COUNCIL MEETING
Approved the Minutes of the Regular Meeting of the City Council of April 26, 2022.
WARRANT LISTING
Approved the General Warrants and payroll disbursements.
Warrants: $2,749,860.79 04/15/2022
Payroll #22: $1,290,662.12 04/22/2022
Total $4.040,522.91
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Laguna Beach City Council Minutes May 10, 2022
AWARD OF CONTRACT FOR CITY DRINKING FOUNTAIN CONVERSION TO
COMBINED BOTTLE FILLING STATIONS
Mayor Sue Kempf pulled this item and thanked staff for implementing the drinking fountain conversion to combined bottle filling stations.
Mayor Pro Tem Bob Whalen confirmed with staff the filling stations would be installed in September 2022.
Councilmember George Weiss recognized the Environmental Sustainability Committee that initially brought this item forward.
Director of Public Works Mark McAvoy described the locations of the drinking fountain conversions.
Moved by Councilmember George Weiss, seconded by Councilmember Toni Iseman, and carried unanimously 5/0 to:
(1) Award and authorize the City Manager, or her designee, to execute Contract #22-31 with Horizons Construction Company International, Inc., in the amount of $237,753, for the 2022 Drinking Fountain Conversions Project; and
(2) Authorize the City Manager, or her designee, to approve project related expenses and construction change orders for unforeseen circumstances for an amount not-to-exceed $23,000.
6. ADOPTION OF AN ORDINANCE AMENDING LAGUNA BEACH MUNICIPAL
CODES PERTAINING TO THE REGULATION OF SOLID WASTE
Councilmember Toni Iseman pulled this item in order to highlight the amount of trash in the alleyways in Laguna Beach. She suggested more trash pickups over the weekend. City Manager Shoreh Dupuis stated that staff could look into adding more trash pickups.
Moved by Councilmember George Weiss, seconded by Mayor Pro Tem Bob Whalen, and carried unanimously 5/0 to adopt Ordinance #1672 titled, "AN ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING TITLE 7, CHAPTER 7.16 AND SECTION 7.18.050 OF THE CITY OF LAGUNA BEACH MUNICIPAL CODE
PERTAINING TO THE REGULATION OF SOLID WASTE INCLUDING ORGANIC WASTE" by approving a motion to waive further readings and adopt the Ordinance. -5.
Laguna Beach City Council Minutes May 10, 2022
RESOLUTION RATIFYING SIDE LETTER AGREEMENTS WITH FOUR LABOR
ASSOCIATIONS TO INCORPORATE THE JUNETEENTH CITY HOLIDAY IN THEIR
MEMORANDA OF UNDERSTANDING
Adopted Resolution #22.032 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, RATIFYING THE SIDE LETTER
AGREEMENTS BETWEEN THE CITY AND THE LAGUNA BEACH MUNICIPAL
EMPLOYEES' ASSOCIATION, THE LAGUNA BEACH POLICE EMPLOYEES'
ASSOCIATION, THE LAGUNA BEACH FIREFIGHTERS ASSOCIATION LOCAL 3684, AND THE LAGUNA BEACH POLICE AND FIRE MANAGEMENT
ASSOCIATION."
AMENDMENT TO SERVICE PROVIDER AGREEMENT FOR CERTIFICATION OF
THE CITY'S HOUSING ELEMENT
Authorized the City Manager, or her designee, to execute an amendment to Agreement #20-102 with Civic Solutions, Inc. to address the Department of Housing and Community Development's comments pertaining to the certification of the City's Housing Element update, for a cost not-to-exceed $15,000.
ADOPTION OF ZONING ORDINANCE #1673 RELATED TO BUILDING HEIGHT
ALLOWANCES FOR COMMERCIAL STRUCTURES PROVIDING SUBTERRANEAN
PARKING FACILITIES AND RESOLUTION AMENDING LOCAL COASTAL
PROGRAM AND REQUESTING CERTIFICATION BY CALIFORNIA COASTAL
COMMISSION
Assistant City Attorney Ajit Thind pulled this item to recognize Councilmember Weiss' reason for abstaining from voting on this item when it was introduced at the prior City Council meeting.
Councilmember George Weiss stated that he believed voting on this item would be a conflict of interest because he supported the Laguna Residents First ballot initiative that included existing height limits.
Mayor Sue Kempf confirmed with the Assistant City Attorney that the public official needed to identify their reason(s) for abstaining from the vote at the beginning of hearing the item, and then leave the dais while the item was being deliberated, and a discussion ensued.
Councilmember George Weiss recused himself from the item and left the dais. -6-
Laguna Beach City Council Minutes May 10, 2022
Public Testimony: Chris Catsimanes voiced concerns about prejudgment and conflict of interest.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Toni Iseman, and carried 4/0 (Councilmember George Weiss abstained) to:
(1) Adopt Ordinance #1673 titled, "AN ORDINANCE OF THE CITY OF LAGUNA
BEACH, CALIFORNIA, AMENDING LAGUNA BEACH MUNICIPAL CODE CHAPTERS 25.18, 25.19, 25.20, 25.21, 25.25, 25.28, AND 25.32 RELATING TO
BUILDING HEIGHT ALLOWANCES FOR COMMERCIAL STRUCTURES
PROVIDING SUBTERRANEAN PARKING FACILITIES," by approving a motion to waive further reading and adopt the Ordinance; and
(2) Adopt Resolution #22.033, amending the City's Local Coastal Program and requesting certification by the California Coastal Commission.
10. UPDATE OF SOLAR INSTALLATION ASSESSMENT AT CITY FACILITIES AND
LETTER OF INTENT FOR CITY HALL SOLAR PANEL CONCEPT DESIGN
SERVICES
Councilmember Toni Iseman pulled this item to confirm that the aesthetics would be addressed when designing the solar panels.
Mayor Pro Tem Bob Whalen asked about the negotiation of the terms with the consultant.
Director of Public Works Mark McAvoy responded to the questions stating that all city projects would be subject to the design review process. He described the consultant hiring assessment procedures and he added that it had been a competitive bid.
Councilmember George Weiss confirmed with staff that the consultant was a general contractor and the Director of Public Works described. Councilmember Weiss asked about utilizing the solar panels to bank energy. Director of Public Works Mark McAvoy explained that staff would be analyzing the service further to determine if the solar panels could bank storage energy or bank credits.
Councilmember Toni Iseman asked if costs could be offset with grants. Director of Public Works Mark McAvoy stated that staff were continually pursuing options to offset costs.
Moved by Councilmember George Weiss, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to:
(1) Receive and file an update of Solar Installation Assessment at City Facilities; and (2) Authorize the City Manager, or her designee, to execute a Letter of Intent with Compass Energy Solutions to provide solar design services for City facilities. -7-
Laguna Beach City Council Minutes May 10, 2022
REGULAR ORDER
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11. APPROVAL OF TENTATIVE TRACT MAP 22-0518, COASTAL DEVELOPMENT PERMIT 22-0519, AND MITIGATED NEGATIVE DECLARATION; AND FINAL MAP 22-0740 AT 1369 NORTH COAST HIGHWAY
Staff Report: Associate Planner Arlen Beck gave a presentation briefly summarizing the staff report, stating that staff found the final map to be in compliance.
Public Testimony: Steve Kawaratani, consultant for the applicant, thanked staff for their support and added that this was a wonderful project, and he hoped the City Council would approve the staff recommendation.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Toni Iseman, and carried unanimously 5/0 to:
(1) Adopt Resolution #22.034 approving Tentative Tract Map 22-0518, Coastal Development Permit 22-0519, and Mitigated Negative Declaration to subdivide a previously approved mixed-use project, currently under construction into five condominium units (three commercial units and two residential units); and (2) Adopt Resolution #22.035 approving Final Map 22-0740, for the property located at 1369 North Coast Highway.
12. RECEIVE AND FILE REGISTRAR OF VOTER CERTIFICATIONS FOR TWO HOTEL-
RELATED BALLOT INITIATIVES, AND CITX COUNCIL DIRECTION PER ELECTIONS CODE SECTION 9215
Staff Report: City Clerk Ann Marie McKay described the initiative process and asked for City Council direction.
Public Testimony: Ada Briceno, co-president of Unite Here Local 11, urged the City Council to endorse the two initiatives and she explained.
Blair McManus, Laguna Beach resident and proponent of the two initiatives, said he supported the two initiatives.
Juan Munoz, Unite Here 11, stated that he hoped the City Council would adopt the initiatives.
Councilmember Toni Iseman confirmed with Munoz that the initiative was requesting an $18 per hour wage with a Sincrease every year for the next three years.
Kurt Bjorkman, general manager at The Ranch at Laguna Beach, spoke on behalf of other hotels in Laguna Beach, asking that the City Council direct staff to bring these initiatives to a vote in the November election.
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Mayor Pro Tem Bob Whalen confirmed that The Ranch at Laguna Beach paid its hotel workers more than the initiative's proposed hourly wage.
Omar, a hotel worker, stated that he supported the two initiatives.
Councilmember Comments: Councilmember Peter Blake expressed that he did not support the initiatives and he explained.
Mayor Pro Tem Bob Whalen commented that it was important to pay the hotel workers more than minimum wage and be believed that the hotels in Laguna Beach were already doing so.
He suggested that this information be included for the public to view, and he stated that this was an important issue for the voters to decide.
Councilmember George Weiss stated that he agreed with Mayor Pro Tem Whalen, and it was vital for the public to review the wage data to make an intelligent decision.
Councilmember Toni Iseman said that she saw the value of unions and hiring good workers and she supported bringing the initiatives before the residents for a vote.
Mayor Sue Kempf stated that she agreed with Councilmember Iseman, and she asked the City Council to comment on the second initiative.
Mayor Pro Tem Bob Whalen questioned why the hotel workers' union would wade into the land-use area in the second initiative. He added that the approval of this ordinance could stifle any upgrades to the hotel properties, and he did not see the value in this for the hotel workers. Whalen stated that he did not support the initiative to amend the municipal code to create a Hotel Development Overlay Zoning District; however, he said it should go before the voters.
Mayor Sue Kempf stated that she agreed with Mayor Pro Tem Whalen and that the proposed initiative would be counterproductive to the hotel industry, hotel employees, and the Laguna Beach economy.
Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to receive and file the certifications from the Orange County Registrar of Voters for two (2) Ballot Measure Initiatives titled 1) "An Ordinance Amending the Laguna Beach Municipal Code to Create a Minimum Wage and Workplace Standards and Protections for Hotel Employees", and 2) "An Ordinance Creating a Hotel Development Overlay Zoning District and Requiring Voter Approval of Hotel Development Projects;" -9-
Laguna Beach City Council Minutes May 10, 2022
Moved by Mayor Sue Kempf, seconded by Mayor Pro Tem Bob Whalen, and carried unanimously 5/0 to submit the Ballot Measure Initiative titled "An Ordinance Amending the Laguna Beach Municipal Code to Create a Minimum Wage and Workplace Standards and Protections for Hotel Employees", without alteration, to the voters at the November 2022 general municipal election, and direct staff to prepare the appropriate Resolutions for consideration and action at a subsequent meeting; and
Moved by Mayor Sue Kempf, seconded by Councilmember George Weiss, and carried unanimously 5/0 to submit the Ballot Measure Initiative titled "An Ordinance Creating a Hotel Development Overlay Zoning District and Requiring Voter Approval of Hotel Development Projects", without alteration, to the voters at the November 2022 general municipal election, and direct staff to prepare the appropriate Resolutions for consideration and action at a subsequent meeting.
13. RESOLUTION ADOPTING A FEE SCHEDULE AMENDMENT FOR SEWER
CONNECTION DEVELOPMENT FEES
Staff Report: Senior Water Quality Analyst Mary Vondrak gave a presentation discussing the fee schedule amendment for sewer connection development fees.
Questions of Staff: Councilmember George Weiss asked about the current fee rate for an average restaurant. Senior Water Quality Analyst Mary Vondrak explained the fee structure for restaurants.
Mayor Pro Tem Bob Whalen confirmed with staff that the city consultant recommended that fees should be increased every five years.
Public Testimony: John Thomas stated that it would not be appropriate for the general fund to subsidize one portion of the city's sewer system and not the entire city's sewer system.
Questions of Staff: Councilmember Toni Iseman confirmed with staff that the proposed fees line up with the South Coast Water District fees, and these were one-time development fees.
In response to Councilmember Iseman's question about sewer fees for Accessory Dwelling Units (ADUs), Senior Water Quality Analyst Mary Vondrak stated that the fee would be fair and equitable for an ADU, and she described.
City Manager Shoreh Dupuis advised this item related to sewer connections, not general sewer rates, and sewer rate questions could be answered as part of the budget workshop. -10-
Laguna Beach City Council Minutes May 10, 2022
Mayor Pro Tem Bob Whalen clarified that these fees would solely be allocated towards the enterprise fund for sewer system purposes and could not legally go into the general fund.
Moved by Councilmember George Weiss, seconded by Mayor Pro Tem Bob Whalen, and carried unanimously 5/0 to adopt Resolution #22.036 titled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING THE MASTER FEE SCHEDULE FOR SEWER CONNECTION DEVELOPMENT FEES."
14. MEMORANDUM OF UNDERSTANDING WITH LAGUNA PRESBYTERIAN
CHURCH REGARDING CONSTRUCTION AND LEASE OF A PARKING
STRUCTURE
Staff Report: City Manager Shoreh Dupuis briefly presented the background of the proposed shared use agreement with the Laguna Presbyterian Church to construct and lease a parking structure.
Project Manager Tom Perez gave a presentation summarizing the proposed terms of the agreement with the Laguna Beach Presbyterian Church.
Councilmember Toni Iseman confirmed with staff that the Memorandum of Understanding (MOU) would allow staff to proceed with the preliminary design, which is the phase of work where the full CEQA analysis would be conducted, and that by approving the MOU tonight, the City Council was not approving the project.
Councilmember George Weiss asked about a traffic analysis. Project Manager Tom Perez responded that the traffic analysis would be part of the CEQA study. City Manager Shoreh Dupuis added that the Initial Study would determine the level of analysis required.
Director of Administrative Services Gavin Curran continued with the presentation, discussing the key financial assumptions of the project.
Councilmember Toni Iseman asked for clarification regarding the hourly parking fees in Laguna Beach and a discussion on parking revenues ensued.
Director of Administrative Services Gavin Curran continued the financial analysis of the project.
City Manager Shoreh Dupuis listed staff recommendations.
Questions of Staff: Councilmember George Weiss voiced concerns about the proposed parking structure's ability to generate the necessary revenue and he asked for clarification pertaining to the leasing terms.
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Laguna Beach City Council Minutes May 10, 2022
Director of Administrative Services Gavin Curran responded to Councilmember Weiss, explaining the parking structure revenue and maintenance costs assumptions, and a discussion ensued.
City Manager Shoreh Dupuis added that certain assumptions had to be made with the financial analysis, but staff had included specific review points in the MOU and she described. She highlighted that if at any time either party decided it was no longer financially viable, either party could walk away from the lease agreement. Dupuis stated that both the city and the church did not view this project as a profit venture, but rather a method to provide public services and amenities to the community in Laguna Beach.
Councilmember Toni Iseman confirmed with staff that if there were any undiscovered issues or errors during the construction phase, then the city would require the church to review the financial model to ensure the burden was not on solely one agency. She voiced concerns about traffic during construction. City Manager Shoreh stated that traffic details had not been fully worked out to date.
Public Testimony: Kory Jorgenson, George Heed, John Thomas, Michael Morris, Chris Catsimanes, Blair McManus, Barbara Dresel, Anne Caenn, Trish Sweeney, Caren Liuzzi, Greg O'Loughlin, Ruben Flores, Jim Danziger, Catherine Jurca, Ann Christoph, Jacob Cherub, Paul Merritt, and Michele Monda voiced their concerns with the construction of the proposed parking structure.
David Rubel, Chris Quilter, Ed Sauls, Dave Frith, Gail Onodera, Jim Wogulis, Ann Herzog, Tom Magitt, Steve Sweet, Cary Redfearn, Louis Weil, Larry Nokes, and Cindy Shopoff stated that they supported moving forward with the MOU to investigate the viability of the proposed parking structure.
Councilmember Peter Blake called the Laguna Beach Presbyterian Church representative, Ed Sauls, to the podium. He stated that many of the public comments had voiced concerns with the lack of transparency with the discussions; however, he said the agreement had been thoroughly vetted and there were going to be several meetings in the future where the public could give their input into the proposed project. Blake asked if Mr. Sauls had met with the other councilmembers and when.
Ed Sauls, the Laguna Beach Presbyterian Church representative, responded to Councilmember Blake, stating that he had met separately with Councilmember Blake, Mayor Pro Tem Whalen, he had spoken with Mayor Kempf on the phone, and met with Councilmember Weiss and Michael Morris, a Laguna resident, approximately a month earlier.
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Laguna Beach City Council Minutes May 10, 2022
A discussion ensued about whether a Brown Act violation had occurred during Councilmember Weiss' meeting with Mr. Morris and Mr. Sauls. Mayor Sue Kempf explained that nothing could be discussed from the Closed Session until the item has been noticed publicly, and she had spoken to Mr. Sauls after the meeting agenda had been posted for the public.
Councilmember Comments: Councilmember Toni Iseman questioned why an Initial Study had not been conducted to date. City Manager Shoreh Dupuis stated that an Initial Study could not be accomplished until there was a project, and there was not one at this time. She stated that staff had followed the City Council direction to negotiate terms for a shared-us agreement between the church and city for use of the parking lo Mayor Pro Tem Bob Whalen asked how soon an Initial Study could be performed. City Manager Shoreh Dupuis explained that as soon as the contract was awarded and some level of design had been developed, then an Initial Study could be conducted.
Mayor Pro Tem Bob Whalen confirmed with the City Manager that it was important to assess the feasibility of the project on the front end.
Councilmember Toni Iseman voiced concerns about spending money on a proposed project and not having more options to review. She suggested giving the church the entirety of this project and excluding the city. Iseman stated that the project needed more vetting. She commented that the public should have been privy to negotiations and been given time for their input. Iseman stated that this project had not gone through the proper approval process.
Councilmember George Weiss stated that he could not support subsidizing a parking structure for $22 million without owning it at the end. He suggested a partnership with the church, the business owners in town, and the city. Weiss said he would not vote to approve the MOU going forward and he explained.
Councilmember Peter Blake commented that he supported moving forward with the MOU to investigate a resident-serving parking structure and he described. He added that there would be many opportunities for public input in future meetings Mayor Pro Tem Bob Whalen stated that this was a great opportunity, a non-binding MOU, and it was important to explore this option further. He highlighted that this would be a service • to the community and the costs would be funded from parking revenues and not the general fund. Whalen requested an amendment to the recommended actions, not authorizing the City Manager to execute a lease, but rather to return to the City Council to approve the final lease terms.
Councilmember Toni Iseman restated that she supported handing the entire project over to the church. She added that it was important to ensure that the city was spending its money responsibly.
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Laguna Beach City Council Minutes May 10, 2022
Mayor Sue Kempf commented that the process had been followed properly and she explained. She stated staff had been presenting the Council with other parking options, including leasing 52 parking spaces in South Laguna. Kempf said that she wanted to explore his option further and that public input was necessary for the approval process. She adder that this action was in response to the residents' concerns about needing more parking in the downtown. Kempf concluded that she agreed with Mayor Pro Tem Whalen.
Mayor Pro Tem Bob Whalen suggested adding the language "and either party may terminate negotiations on the lease at its discretion" at the end of first paragraph to the MOU to make clear that the agreement could be terminated at any time.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Peter Blake, and carried 3/2 to:
(1) Approve and authorize the City Manager, or her designee, to execute the Memorandum of Understanding with the Laguna Presbyterian Church to construct a public parking structure on property owned by the Church at 355, 359, 361, and 363 Third Street, adding "and either party may terminate negotiations on the lease at its discretion" at the end of first paragraph.
(2) Authorize the City Manager, or her designee, to finalize a lease agreement consistent with the terms of the Memorandum of Understanding to be presented to Council for approval; and
(3) Direct staff to proceed with soliciting proposals for preliminary design and entitlement for the proposed parking structure.
Roll Call:
Ayes: Blake, Whalen, Kempf
Noes: Iseman, Weiss
COUNCILMEMBER ITEM
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15. COMMUNICATIONS BETWEEN STAFF AND COUNCILMEMBERS (WEISS) Councilmember George Weiss withdrew this item.
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Laguna Beach City Council Minutes May 10, 2022
ADJOURNMENT
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There being no further business, Mayor Kempf at 10:06 p.m., Tuesday, May 10, 2022, adjourned to he Budget Workshop at 3:00 p.m. then to the Closed Session at 5:00 p.m. and the Regular Hybri Virtual/In-Person City Council Meeting at 6:30 p.m. on Tuesday, May 24, 2022, at City Hall, 50 Forest Avenue, Laguna Beach California.
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Approved: May 24, 2022 Stant
Ann Marie McKay, City Clerk
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NOTICE OF ADJOURNMENT OF CITY COUNCIL MEETING
(GOVERNMENT CODE SECTION 54995
EXCEPT OF THE MINUTES OF THE
HYBRID VIRTUAL/IN-PERSON REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH
May 10, 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, May 10, 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 10:05 p.m., Tuesday, May 10, 2022, adjourned to the budget workshop at 3:00 p.m., then to the Closed Session at 5:00 p.m., and the hybrid virtual/in-person regular City Council meeting at 6:00 p.m., Tuesday, May 24, 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 11" day of May 2022.
Cult
LNCORPORATES
Cily Clerk of the Cily aflaguna Beach Califormia
YUNE 29, 1927
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, May 10, 2022, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on May 11, 2022, at the hour of 9:15 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.
Culika
City Clerk of the City of Laguna Beach, California