Laguna Beach City Council Minutes May 24, 2022
MINUTES
LAGUNA BEACH CITY COUNCIL
REGULAR HYBRID VIRTUAL/IN-PERSON MEETING
May 24, 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 24, 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
CLOSED SESSION
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Conference with Real Property Negotiator (pursuant to Government Code section 54956.8): one item - price and terms of payment for possible acquisition of property at 31796 & 31786 Coast Highway; City negotiator is Shoreh Dupuis, City Manager; property owner is John Mazza.
Public Employee Performance Evaluation (pursuant to Government Code section 54957): one item - City Manager annual performance evaluation.
City Attorney Phil Kohn reported that in this evening's Closed Session, the City Council received a status update and provided direction on negotiations of possible acquisition of property at 31796 and 31786 Coast Highway, and performed the City Manager's annual performance evaluation, with Councilmembers Peter Blake and George Weiss, Mayor Pro Tem Bob Whalen, and Mayor Sue Kempf giving a satisfactory rating, and Councilmember Toni Iseman giving an unsatisfactory rating.
PUBLIC COMMUNICATIONS
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Dee Sheldon stated that she is a disabled senior and encouraged the Council to seek additional alternatives for parking garages. She also suggested additional lifeguard towers from Mountain Road to Main Beach.
Mike Tauber, LOCA, reported that LOCA provides free art workshops for children at the Laguna Beach library and at PMMC. He also announced that the Artists Fund at Festival of Arts is having a reception at City Hall on June 2, 6:00 p.m.-7:00 p.m. for the 2022 Art-To-Go exhibition, "What the World Needs Now."
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Laguna Beach City Council Minutes May 24, 2022
Chris Catsimanes expressed concerns about the low cost of leased parking spaces, and the City not obtaining appraisals for property purchase, such as the Ti Amo property and accepting the Church's valuation for its property. He asserted that the City is failing its fiduciary responsibility.
City Manager Shoreh Dupuis stated that the City received appraisals for the church properties and those appraisals were also reviewed by City's contracted appraiser, and that information will be publicly available after negotiations are completed and the lease agreement has been executed. She also explained the difference between downtown employees monthly parking rates versus public parking rates.
Dennis Walsh, Three Arch Bay Board member, expressed the Board's view of its value-added relationship with the City.
Wendy Berube, Laguna Ocean Foundation, announced that the Kelp Fest returns on June 4 at Main Beach.
Larry Nokes reported that the court ruled in favor of the City in the Kirby lawsuit regarding the approved rehabilitation of the historic property. He thanked the City, City Attorney Phil Kohn, and Kathy Jenson.
Jacob Cherub asserted that public comment time should not be interrupted by Councilmembers and requested that the Mayor ensures order during meetings.
Michael Hoch, 44 S. La Senda Dr., noted that the Council remanded the project for his property back to Design Review Board and in the meantime, Three Arch Bay is running a campaign against it.
Ruben Flores commented on the recent release by the PMMC, praising the organization for its work. He also reported on the Heritage Month tour of artist studios. Flores also suggested that the City hosts a seminar to educate homeowners what they can do to address fire danger and drought, especially with maintenance around their home.
Michele Monda expressed concerns about the goats' nutrition due to the drought. She also advised that there is a Laguna Beach Monopoly available for purchase at nearby retail stores.
Marcia Hoch disagreed with the Walsh's comment about the Three Arch Bay Architectural Review Board's contribution to the City and gave her reasons.
COUNCIL AND STAFF REPORTS
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City Clerk Ann Marie McKay commented on the City's first hybrid CERT training and recommended that everyone gets CERT training to be better prepared for emergencies.
City Treasurer Laura Parisi reported that there will be an investment status meeting on June 6 at 1:30 p.m. via Zoom; those interested in attended should email her for the link. Parisi also reported that a broker performed a flagship report on the City's investments and provided some areas of opportunity for short-term investments.
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Laguna Beach City Council Minutes May 24, 2022
City Manager Shoreh Dupuis recognized Information Systems Specialist Darcy Roth, who is retiring after 20 years of service with the City.
Fire Chief Mike Garcia provide a report on the Coastal Fire, noting the importance of the City's new helicopter refilling tanks for hover fills, allowing for more frequent water drops. Chief Garcia encouraged residents to prepare their homes and families for emergencies. Chief Garcia also advised the Council on the status of fuel modification approvals, commenting on the challenges related to required restoration.
City Attorney Phil Kohn added to Nokes' announcement regarding the victory on the Kirby case, stating that the City's proceedings complied with applicable laws.
Councilmember Toni Iseman also commented on the Coastal Fire, and on a utility pole that had a fire on the top of it. She asserted that recent fires have been preceded by power failures.
Councilmember Peter Blake commented that he would score City Manager Shoreh Dupuis' performance over the past year as exemplary.
Mayor Pro Tem Bob Whalen reported that he attended the LCAD graduation, which was for the 2021 and 2022 classes. He also reported that he attended the Laguna Playhouse Gala, pleased that events are coming back. In Response to Mayor Pro Tem Whalen's question about the cause of the Emerald Fire, City Manager Shoreh Dupuis advised that the District Attorney has submitted its report to the Attorney General, who is responsible for releasing that information. Mayor Pro Tem Whalen commented that there will be greater water restrictions imposed by the State, which will cause urban trees will be stressed, and requested that the trees at the Village Entrance are provided enough water to survive.
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, 8 - 11, and 13.
MINUTES OF THE CITY COUNCIL MEETING
Approved the Minutes of the Regular Meeting of the City Council of May 10, 2022.
WARRANT LISTING
Approved the General Warrants and payroll disbursements.
Warrants: $2,427,842.70 04/29/2022
Payroll #23: $1,303,714.13 05/06/2022
Total $3.731,556.83
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CLAIMS AGAINST THE CITY
(1) Rejected claim #21-25 filed by Teresa Valdivia;
(2) Rejected claim #22-11 filed by Mercury Insurance as subrogee of Donna Snow; (3) Rejected claim #22-12 filed by Emily Dygert; and
(4) Rejected claim #22-16 filed by Lisa Ramos Ortega.
APPROVAL OF 7-YEAR CAPITAL IMPROVEMENT PROGRAM FOR TRANSIT
RELATED EXPENDITURES AND RESOLUTION CONFIRMING PAVEMENT
MANAGEMENT PLAN FOR MEASURE M FUNDING ELIGIBLITY
(1) Approved the 7-Year Capital Improvement Program for transportation and transit improvement projects required for Measure M eligibility; and (2) Adopted Resolution #22.038 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, CONCERNING THE STATUS
AND UPDATE OF THE PAVEMENT MANAGEMENT PLAN FOR THE
MEASURE M2 PROGRAM FOR THE CITY OF LAGUNA BEACH."
7. APPROVAL OF $7.5 MILLION LOW-INTEREST LOAN AGREEMENT WITH
CALIFORNIA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK FOR
WASTEWATER SYSTEM IMPROVEMENTS
Mayor Pro Tem Bob Whalen pulled this item to garner additional information and to establish a process for finalizing terms.
Director of Water Quality David Shissler responded to Mayor Pro Tem Whalen describing the loan agreement.
Moved by Councilmember Toni Iseman, seconded by Councilmember George Weiss, and carried unanimously 5/0 to authorize the City Manager to sign all contract #22-33 documents for a low-interest loan totaling up • to $7.5 million from the California Infrastructure and Economic Development Bank.
REQUEST TO WITHDRAW AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF AN ART GALLERY AT 572 SOUTH COAST HIGHWAY AND REFUND
APPEAL FEE
Approved the appellant's request to withdraw the appeal of the Planning Commission's denial of Conditional Use Permit 21-10136 and refund the $748 appeal filing fee. -4
Laguna Beach City Council Minutes May 24, 2022
9. AMENDED AND RESTATED SERVICE PROVIDER AGREEMENT FOR SENIOR
TRANSPORTATION SERVICES
(1) Authorized the City Manager to execute an Amended and Restated Service Provider Agreement #22-34 with Sally's Fund, to provide senior transportation services, for an annual amount of $78,000 in Fiscal Year 2022-23 and Fiscal Year 2023-24, effective July 1, 2022; and
(2) Authorized the City Manager to extend the agreement for two additional two-year terms.
10. SERVICE PROVIDER AGREEMENT FOR VEGETATION MANAGEMENT
SERVICES RELATED TO FUEL MODIFICATION
(1) Authorized the City Manager to execute service provider agreement #22-35 with Nature's Image for fuel modification hand crew services in the amount not-to-exceed $3,212,000 for a three-year term;
(2) Authorized the City Manager to approve project-related expenses for unforeseen circumstances for an amount not-to-exceed $488,000;
(3) Appropriated $1,459,000 for Phase II of the Bluebird Canyon Fuel Modification Zone, with an increase in grant revenue of $1,094,000; and
(4) Authorized the use of $365,000 from the Wildfire Mitigation fund balance to meet the local 25% project matching requirement for Phase II of the Bluebird Canyon Fuel Modification project.
11. RESOLUTION RATIFYING A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF LAGUNA BEACH AND THE LAGUNA BEACH MUNICIPAL
EMPLOYEES' ASSOCIATION AND PROVIDING COMPARABLE BENEFITS TO
NON-REPRESENTED MANAGEMENT EMPLOYEES
(1) Adopted Resolution #22.039 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, RATIFYING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE
LAGUNA BEACH MUNICIPAL EMPLOYEES' ASSOCIATION";
(2) Approved providing comparable benefits to non-represented management employees; (3) Authorized the City Manager to modify the proposed budget for Fiscal Year 2022-23 by transferring funding already appropriated.
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Laguna Beach City Council Minutes May 24, 2022
12. CITIZENS' AUDIT REVIEW AND MEASURE LL OVERSIGHT COMMITTEE - MEASURE LL REPORT FOR FISCAL YEAR 2020-21
Mayor Sue Kempf and Mayor Pro Tem Bob Whalen pulled this item.
Mayor Sue Kempf thanked the committee for their work and dedication.
Public Testimony: Julian Harvey acknowledged the committee and staff for their thoughtful and innovative approaches to applying the Measure LL funds to programs that directly benefited both residents and visitors.
Matt Lawson recognized staff, the committee, and Mr. Harvey for his outstanding leadership.
Councilmember Peter Blake asked Mr. Lawson if he believed the committee should be dissolved at this point. Matt Lawson stated that the city did an outstanding job of financial reporting, and he was not sure that the committee added a great amount of value going forward; however, he said that determination was up to the City Council.
John Thomas thanked the committee and staff. He added that because Measure LL was a special tax, the city had shown good faith by assigning a committee to report back on how the funds were being applied. Thomas commented that he appreciated understanding how well the staff were utilizing the funds.
Councilmember Comments: Mayor Pro Tem Bob Whalen stated that the fund had grown and he appreciated staff reporting back on the application of the monies with or without the committee. He thanked the committee for their work.
Moved by Councilmember George Weiss, seconded by Councilmember Peter Blake, and carried unanimously 5/0 to receive the Measure LL Report for Fiscal Year 2020-21.
13. SECOND AMENDMENT TO SERVICE PROVIDER AGREEMENT FOR ZONING
PLAN CHECK SERVICES
Authorized the City Manager to execute a second amendment to Agreement #21-121 with Sagecrest Planning and Environmental, to provide additional planning services for a cost not-to-exceed $15,000.
14. APPROVE AND AUTHORIZE THE EXECUTION OF A NON-DISCLOSURE
AGREEMENT WITH MULTIPLE PARTIES RELATED TO INVESTIGATING THE
COASTAL FIRE
Councilmember Toni Iseman pulled this item because of her interest in the California Public Utilities Commission, and she explained.
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Laguna Beach City Council Minutes May 24, 2022
Fire Chief Mike Garcia responded to Councilmember Iseman, briefly describing the non- disclosure agreement.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Approve entering into a Non-Disclosure Agreement (NDA) between the Safety and Enforcement Division of the California Public Utilities Commission, the California Department of Forestry and Fire Protection, Orange County Fire Authority, City of Laguna Beach, and the Office of Energy Infrastructure Safety; and (2) Authorize the City Manager to execute the NDA and other applicable documents.
REGULAR ORDER
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15. NORTH COAST INTERCEPTOR RELIABILITY REPORT UPDATE AND RESOLUTION TO AUTHORIZE PHASE 2 LOW-INTEREST LOAN FOR NORTH COAST INTERCEPTOR REACH 5 REPLACEMENT PROJECT
Staff Report: Senior Project Manager Hannah Broida gave a presentation discussing the North Coast Inceptor (NCI) project.
Questions of Staff: Senior Project Manager Hannah Broida described the drilling method, in response to Councilmember Weiss's question.
Councilmember Toni Iseman confirmed that The Ranch Laguna Beach had been a part of the peer review. She asked staff about the timing of the work to be conducted on the project and how it would impact the community.
Senior Project Manager Hannah Broida answered Councilmember Iseman stating that the work would be less impactful to The Ranch Laguna Beach and the community during the day, and she explained
Senior Project Manager Hannah Broida described the micro-tunneling process, in response to Mayor Pro Tem Bob Whalen's question.
Mayor Pro Tem Bob Whalen confirmed with staff that the pipeline was a joint ownership.
Public Testimony: Kurt Bjorkman, chief operating officer of The Ranch Laguna Beach, thanked staff for including The Ranch in the process. In response to Councilmember George Weiss' question how the project would impact The Ranch, Mr. Bjorkman, describing the bearing the NCI project would have on resort. -7-
Laguna Beach City Council Minutes May 24, 2022
Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to:
(1) Direct the City Manager to pursue North Coast Interceptor (NCI) Project Alternative 6, and incorporate the recommended projects into the Wastewater Finance Plan based on the results of the NCI Condition Assessment Project results; (2) Approve Resolution #22.040 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, AUTHORIZING THE
SUBMISSION OF AN APPLICATION TO THE CALIFORNIA
INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK ('IBANK") FOR
FINANCING A CAPITAL IMPROVEMENT PROJECT, DECLARATION OF
OFFICIAL INTENT TO REIMBURSE CERTAIN EXPENDITURES FROM THE
PROCEEDS OF AN OBLIGATION, AND APPROVING CERTAIN OTHER
MATTERS IN CONNECTION THEREWITH," for a future low-interest loan totaling up to $8.5 million from the California Infrastructure and Economic Development Bank; (3) Appropriate $300,000 from available Wastewater Fund balance to fund the design and entitlement for the NCI Replacement Project.
COUNCILMEMBER ITEM
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16. CLIMATE CHANGE RESOLUTION (WEISS)
Councilmember George Weiss requested that City Council support staff to prepare an agenda report to bring back the proposed Climate Change resolution at a subsequent meeting.
Public Testimony: Anne Caenn and Hoiyin Ip supported the Climate Change Resolution.
Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempf, and carried 4/1 to direct staff to prepare an agenda report to bring back the proposed Climate Change resolution at a subsequent meeting.
Roll Call:
Ayes: Iseman, Weiss, Whalen, Kempf
Noes: Blake
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Laguna Beach City Council Minutes May 24, 2022
ADJOURNMENT
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There being no further business, Mayor Kempf at 9:12 p.m., Tuesday, May 24, 2022, adjourned to the Interviews and Appointments at 3:00 p.m. then to the Closed Session at 4:00 p.m. and the Regular Hybrid Virtual/In-Person City Council Meeting at 5:00 p.m. on Tuesday, June 7, 2022, at City Hall, 505 Forest Avenue, Laguna Beach California.
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Approved: June 7, 2022 he These
Sue Kempf, Mayor
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 24, 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 6:30 p.m., Tuesday, May 24, 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 9:10 p.m., Tuesday, May 24, 2022, adjourned to the interviews and appointments at 3:00 p.m., then 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, June 7, 2022, at City Hall, 505 Forest Avenue, Laguna Beach, California. ***************
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 25t day of May 2022.
MCORPORATED City Clerk of the City of Laguna Beach California TUNE 29, 192
ORANGE COLM
TY.
CERTIFICATE OF POSTING
NOTICE OF ADJOURNMENT
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I, 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 24, 2022, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on May 25, 2022, at the hour of 9:00 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.
ity Clerk of the City of Laguna Beach, California