Laguna Beach City Council Minutes July 12, 2022
MINUTES
LAGUNA BEACH CITY COUNCIL
REGULAR HYBRID VIRTUAL/IN-PERSON MEETING
July 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, July 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 Toni Iseman led the Pledge of Allegiance.
CLOSED SESSION
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Conference with Real Property Negotiator (pursuant to Government Code section 54956.8): one Highway. ce y de goliat or is yoine Dupus lie a anation, or perpeny ar 3796 1 31786 Coast Conference with Legal Counsel Regarding Anticipated Litigation (pursuant to Government Code section 54956.9(d)(4)): consideration whether to initiate litigation: one item - possible intervention in Southern California Edison v. California State Board of Equalization (Orange County Superior Court Case Nos. 30-2022-01258109 and 30-2022-01258057) property tax refund litigation.
Conference with Legal Counsel Regarding Existing Litigation (pursuant to Government Code section 54956.9(d)(1)): one item - Dornin v. City of Laguna Beach (Orange County Superior Court Case No. 30-2021-01183025).
City Attorney Phil Kohn reported that in this evening's Closed Session, the City Council voted unanimously to proceed in anticipation of acquiring property at 31796 and 31786 Coast Highway for $6.1 million for the placement of a future fire station, with direction to consider a purchase agreement in open session on August 16, and the Council authorized the City Manager to perform all due diligence regarding the acquisition, including, but not limited to, conducting a Phase I environmental study, Initial Study in the California Environmental Quality Act (CEQA) process, building site assessment, and acquisition of title insurance. The Council also voted unanimously to decline intervening in the Southern California Edison v. California State Board of Equalization property tax refund litigation, and the Council received a status report on the Dornin v. City of Laguna Beach litigation.
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Laguna Beach City Council Minutes July 12, 2022
PUBLIC COMMUNICATIONS
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Michele Monda described the confrontation she had with Councilmember Peter Blake on Saturday July 2, outside his gallery on Ocean Avenue.
Mike Morris read portions of his letter to the editor published in the Laguna Beach Independent, questioning the Chamber of Commerce's free use of office space.
J.J. Ballesteros, Chair of the Laguna Beach Chamber of Commerce, responded to Morris' assertions, noting that the Chamber promotes and protects the business community, without receiving funding that other Chambers receive, and he stated that the Chamber is against all three of the voter-initiated ballot measures that will be on the November ballot due to the Chamber's view of the negative impact the measures would have to businesses and the community.
Pat Gallis requested an update on the current status of the Kirby and Historic Preservation udimen last yet pissed. Kry also advised hated pat theners hal riod on te i int preservation ordinance to Sacramento, and the jurisdiction is being questioned. Kohn also advised that the motion to dismiss the lawsuit on the Ray project is set to be heard tomorrow morning.
Erin Slattery, Chamber of Commerce Events & Marketing Manager, reported on the Chamber's upcoming events.
Patrick Batten, Action for Spent Fuel Solutions Now, a nonpartisan coalition in support of the relocation of spent nuclear fuel from the San Onofre Nuclear Generation Station (SONGS), invited the City of Laguna Beach to join the coalition.
Dee Sheldon suggested expanding the City's on-demand service to South Laguna, and using it to supplement the trolleys during busy times.
Emil Monda questioned if Councilmember Peter Blake's gallery is private property or a commercial establishment.
Chris Catsimanes noted that the parking subcommittee formed on May 19, and on July 21 the Laguna Presbyterian Church, that the City signed an MOU regarding a potential parking structure, bought a fourth lot, and he questioned the timing.
Gene Felder thanked Mayor Sue Kempf for speaking at a recent Laguna Canyon Conservancy meeting, but questioned her statements that there was no truth to rumors about the City closing the library and turning it into a parking lot.
Anne Caenn, Village Laguna, referenced the 2020 parking structure study at the village entrance, and requested transparency for the public and an opportunity to provide input for such projects.
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Laguna Beach City Council Minutes July 12, 2022
Ann Christoph commented on the ongoing need for public restrooms in South Laguna.
Ruben Flores commented on the increase of crime, specifically theft. He also recommended that the City remove all dry brush within 100 feet of Laguna Canyon Road. Flores also agreed with Caenn regarding the parking structure and with Christoph regarding the need for a public bathroom in South Laguna. Flores also thanked the City for cleaning up Jahraus Park, but commented that additional improvements are needed.
COUNCIL AND STAFF REPORTS
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City Treasurer Laura Parisi commended staff for a wonderfully organized 95' birthday celebration, specifically Adam Gufarotti, Alexis Braun, Tierney Doran, and Cassie Walder.
City Clerk Ann Marie McKay reported that the cannabis initiative failed to acquire a sufficient number of qualified signatures, with over 40% of the signatures obtained being rejected by the Orange County Registrar of Voters, mostly due to no voter registration.
City Manager Shohreh Dupuis recognized outgoing Fire Chief Mike Garcia and introduced new Fire Chief Niko King.
In response to public comments regarding a public restroom in South Laguna, City Manager Shohreh Dupuis noted that the City has partnered with Mission Hospital for a public restroom in that location, and there is currently no other viable location. Regarding the issue with poles on Laguna Canyon Road, Dupuis advised that staff is looking into the possibility of putting up barriers as an interim measure, until utilities are undergrounded. Dupuis also advised that the Laguna Canyon Road project study report with Caltrans is nearing completion. Regarding the City's on-demand service, Dupuis stated that Deputy Director of Public Works Michael Litchi will follow up with the citizen, and staff will be providing the Council a full report of the transit services in September, at which time the Council could direct to expand the service. Dupuis stated that the summer trolley service is doing well, with the Summer Breeze ridership more than double what it had been previously, and increased trolley ridership.
In response to Mayor Pro Tem Bob Whalen's question, City Manager Shoreh Dupuis advised that the new in-house ambulance service is going well, with nearly 100 transports since July 1. Dupuis advised that staff's goal is to provide Council a quarterly report on the program.
Regarding the Chamber of Commerce's lease, Councilmember George Weiss asked if a perpetual lease is legal, and questioned why the lease was not recorded with the County. Councilmember Weiss also requested that the Mayor restore decorum to the meetings.
Councilmember Toni Iseman congratulated staff on a successful 95" birthday celebration event, and repeated the speech she gave, asserting that it was not inappropriate, and she reported on the email she received from Councilmember Peter Blake regarding her speech. -3-
Laguna Beach City Council Minutes July 12, 2022
Councilmember Peter Blake commenting on his view of "attacks" by "activists," "political grandstanding" at the 95'h birthday celebration, and "fear-mongering." Mayor Pro Tem Bob Whalen commented on Saturday's eight-hour closure of Laguna Canyon Road due to downed utility lines, and stated that undergrounding will continue to be his top priority. He also reported on the recent seismic study presented at this week's Emergency/Disaster Preparedness Committee meeting, noting that City Hall and the four fire stations are not structurally sound to withstand an earthquake. Mayor Pro Tem Whalen also commented on the statewide drought and requested a monthly report on the City's water use. He also stated that personal attacks are not acceptable, and reflect poorly on the Council.
Mayor Sue Kempf complimented staff on the handling of the July 4th activity, with no major incidents reported. Regarding the Laguna Canyon Road project study report, City Manager Shohreh Dupuis advised that the goal is for Caltrans to sign the report by the end of August. Mayor Kempf noted the challenging nature of chairing the Council meetings, and stated that no one should be yelling or walking out. Mayor Kempf also assured that there is no bad intent or nefarious activity by the Council as they perform their duties.
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 1-6, 8, and 10.
MINUTES OF THE CITY COUNCIL MEETING
Approved the Minutes of the Regular Meeting of the City Council of June 21, 2022.
WARRANT LISTING
Approved the General Warrants and payroll disbursements.
Warrants: $ 75,000.00 Bank Wires 06/08/2022
$2,789,298.44 06/10/2022
$2,315,592.55 06/24/2022
$5,179,890.99
Payroll #26: $1,366,676.04 06/17/2022
Total $6.546,567.03
3. CITY TREASURER'S MONTHLY INVESTMENT REPORT FOR MAY 2022 Received and filed the City Treasurer's Monthly Investment Report for May 2022. -4-
Laguna Beach City Council Minutes July 12, 2022
AWARD OF CONTRACT FOR POLICE DEPARTMENT RESTROOM
RENOVATIONS
(1) Awarded and authorized the City Manager to execute contract #22-73 with Global Builders, Inc., in the amount of $227,028, for the Police Department restroom renovations; and
(2) Authorized the City Manager to approve project related expenses and construction change orders for unforeseen circumstances for an amount not-to-exceed $34,000.
AWARD OF CONTRACT FOR PEPPERTREE PARKING LOT REHABILITATION (1) Awarded and authorized the City Manager to execute contract #22-74 with Gentry General Engineering, Inc., in the amount of $128,695, for the Peppertree Parking Lot Rehabilitation; and
(2) Authorized the City Manager to approve construction related expenses and change orders for unforeseen circumstances for an amount not-to-exceed $19,000.
6. PUBLIC ART INSTALLATION - APPROVE THE CALL FOR ARTISTS FOR THE
LAGUNA CANYON FLOOD CONTROL CHANNEL REPLACEMENT PROJECT
WALKWAY MURAL
(1) Approved the "Call for Artists" for a walkway mural; and (2) Appropriated $103,000 for the Call for Artists and a walkway mural located at the bridge leading to the Sawdust Festival, with $50,000 from savings in the Arts Commission Special Programs Budget and $53,000 from the Art in Lieu Fund.
7. PARKING, TRAFFIC, AND CIRCULATION COMMITTEE RECOMMENDATIONS Public Testimony: Paul Fines requested the City Council consider additional traffic calming options along Temple Hills Drive and he explained.
City Engineer Mark Trestik responded to the public comment describing the traffic calming efforts along Temple Hills Drive.
Questions of the Staff: Mayor Pro Tem Bob Whalen confirmed with Trestik that there were transverse edgeline pavement markings already in place on Temple Hills Drive.
Trestik responded to Mayor Pro Tem Whalen's question about additional traffic calming measures and how the city gauged its success by stating that several options were being reviewed at this time. Trestik said that speed surveys would be conducted six months after the traffic calming measures were installed.
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Laguna Beach City Council Minutes July 12, 2022
Mayor Pro Tem Bob Whalen stated that follow-up is important to determine whether or not more action is required for safety purposes.
City Manager Shoreh Dupuis added that the three traffic calming phases were engineering, education, and enforcement, and she explained.
Mayor Sue Kempf confirmed with staff that a baseline comparison had been performed; however, it did not address the entire roadway. City Engineer Mark Trestik commented that additional speed surveys could be conducted.
Councilmember George Weiss asked about the increase in traffic accidents and the ability to photograph vehicles that were speeding. City Manager Shoreh Dupuis responded by stating that it would be difficult to photograph the vehicles, but staff would research.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Approve the Parking, Traffic, and Circulation Committee's recommendation to install a parking restriction at 505 Dartmoor Street by adopting Resolution #22.052 titled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ESTABLISHING PARKING RESTRICTIONS AT 505 DARTMOOR STREET";
(2) Approve the Parking, Traffic, and Circulation Committee's recommendation to install a parking restriction on Park Avenue by adopting Resolution #22.053 titled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH,
CALIFORNIA, ESTABLISHING PARKING RESTRICTIONS ON PARK AVENUE SOUTHWEST OF HILLVIEW DRIVE";
(3) Approve the Parking, Traffic, and Circulation Committee's recommendation to install a parking restriction on Thalia Street by adopting Resolution #22.054 titled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH,
CALIFORNIA, ESTABLISHING PARKING RESTRICTIONS ON THALIA STREET SOUTHWEST OF AVALON STREET"; and
(4) Approve the Parking, Traffic, and Circulation Committee's recommendation to install traffic calming measures on Temple Hills Drive by adopting Resolution #22.055 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH,
CALIFORNIA, ESTABLISHING ADDITIONAL TRAFFIC CALMING MEASURES ON TEMPLE HILLS DRIVE; directing staff to complete a speed study on the area not covered by the recent study, prior to implementation.
APPROVAL OF COASTAL GREENBELT AUTHORITY BYLAW AMENDMENTS Approved the amended and restated bylaws of the Coastal Greenbelt Authority as recommended by unanimous vote of the Coastal Greenbelt Authority. -6-
Laguna Beach City Council Minutes July 12, 2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH
CONFIRMING ASSESSMENTS FOR WEED ABATEMENT
Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to:
(1) Adopt Resolution #22.056 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, CONFIRMING ASSESSMENTS FOR WEED ABATEMENT;"
(2) Direct the Fire Chief to file a copy of the 2022 Report with the County Auditor on or before August 10, 2022, except properties at 954 Rembrandt Drive and 970 Rembrandt Drive; and
Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempt, and carried unanimously 4/0 (Councilmember George Weiss abstained) to (3) direct the Fire Chief to file a copy of the 2022 Report with the County Auditor on or before August 10, 2022, for properties located at 954 Rembrandt Drive and 970 Rembrandt Drive.
10. RESOLUTION CONFIRMING STREET, SIDEWALK, AND INTERSECTION
NUISANCE ABATEMENT ASSESSMENT ROLL
Adopted Resolution #22.057 titled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, CONFIRMING ASSESSMENTS FOR
VEGETATION OR WEED ABATEMENT ALONG STREETS, SIDEWALKS, AND INTERSECTIONS" for Fiscal Year 2021-22.
REGULAR ORDER
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RESOLUTION ADOPTING A NEW SEWER SERVICE CHARGE RATE CATEGORY
FOR RESIDENTIAL PARCELS WITH ACCESSORY DWELLING UNITS
Staff Report: Senior Water Quality Analyst Mary Vondrak gave a presentation summarizing the agenda report regarding proposed new sewer service charge rates for residential parcels with Accessory Dwelling Units (ADUs), listing options for the City Questions of Staff: Councilmember Peter Blake asked if there were an alternative recommendation that maintained the resolution, but waived the additional ADU fee for those that could not afford the added charge.
Senior Water Quality Analyst Mary Vondrak responded to Councilmember Blake stating that option had not been presented; however, she said it could be included. -7-
Laguna Beach City Council Minutes July 12, 2022
Public Testimony: Cody Engle voiced concerns about the fee increase and he explained.
Diana LaMar commented about the lack of affordable housing in Laguna Beach. She stated that she agreed with Mr. Engle, and she did not support the proposed added sewer charge for ADUs.
Alex Rounaghi recommended the City Council not take action on the item tonight and to review proposed rate increases at a later date if needed.
Councilmember Comments: Councilmember George Weiss highlighted that this could create a disincentive to build ADUs and he believed it was an unfair proposal. He added that the revenue generated by the fee would be minimal.
Senior Water Quality Analyst Mary Vondrak commented that the proposed fee increase would be applied to permitted ADUs and JADUs.
Mayor Pro Tem Bob Whalen stated that he supported the increased fee; however, he suggested that if a resident provided proof that the unit will be utilized for affordable housing, the fee could be waived.
Mayor Sue Kempf suggested deferring the ADU sewer charge at this time, but to assess the need in the future.
Councilmember George Weiss added that regulating ADU usage would be a difficult task.
Councilmember Toni Iseman supported deferral of the ADU surcharge.
Moved by Mayor Sue Kempf, seconded by Councilmember George Weiss, and carried 4/1 to not adopt the resolution at this time, but revisit the issue in a year.
Roll Call:
Ayes: Blake, Iseman, Weiss, Kempf
Noes: Whalen
TEMPORARY USE PERMIT 22-1215 TO ESTABLISH AND OPERATE A TEMPORARY PUBLIC PARKING LOT LOCATED AT 30802 SOUTH COAST
HIGHWAY
Staff Report: Capital Program Manager Tom Perez gave a presentation describing the temporary use permit (TUP) at 30802 South Coast Highway to provide public parking.
Questions of Staff: Mayor Sue Kempf confirmed with staff that the neighbors had been noticed and it would take two to four weeks to complete the project. -8-
Laguna Beach City Council Minutes July 12, 2022
Councilmember George Weiss confirmed with staff that $70,000 had been appropriated for the project and the projected revenues would be over $200,000 annually. He added that he supported the location of the proposed public parking lot.
Councilmember Toni Iseman voiced concerns about the traffic congestion, and she explained. She added that she was pleased the proposed hours of the parking lot had been reduced from midnight to 10:00 p.m.
City Manager Shoreh Dupuis stated that traffic would be monitored after implementation of the parking lot to assess if additional measures would be required.
Public Testimony: Jennifer McCoy, Sharon Barry, S George, Gene Felder, Ann Christoph, and Ruben Flores stated that they did not support the use of public parking at this location, and they listed their reasons.
Kurt Bjorkman suggested installing several trash cans at this location.
Councilmember Comments: Councilmember Peter Blake commented that he supported the TUP at this location for public parking.
Councilmember Toni Iseman voiced noticing concerns.
Councilmember George Weiss stated that although he was sensitive to the neighbors' concerns, he opined that the circulation plan was sensible.
Mayor Pro Tem Bob Whalen pointed out that this location had been previously utilized for parking and there had been no complaints. He stated that he supported a TUP and modifications could be made in the future if there were any issues.
Councilmember Toni Iseman said she would like to defer action on the item to the next meeting for the neighbors to further address their concerns. She added that the vegetation in this lot should be addressed for safety issues.
Moved by Councilmember Peter Blake, seconded by Mayor Pro Tem Bob Whalen, and carried 3/2 to adopt Resolution #22.058 titled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING TEMPORARY USE PERMIT 22-1215 TO ESTABLISH AND OPERATE A TEMPORARY PUBLIC PARKING LOT LOCATED AT 30802 SOUTH COAST HIGHWAY," approving Temporary Use Permit 22-1215 to establish and operate a temporary public parking lot at 30802 Coast Highway for a three-year period.
Roll Call:
Ayes: Blake, Whalen, Kempf
Noes: Iseman, Weiss
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Laguna Beach City Council Minutes July 12, 2022
13. ZONING ORDINANCE AMENDMENT 22-0932 AND LOCAL COASTAL PROGRAM AMENDMENT 22-0933 AMENDING PORTIONS OF THE LAGUNA BEACH
MUNICIPAL CODE PERTAINING TO THE REGULATION OF BUILDING HEIGHT,
MASS, AND BULK IN THE COMMERCIAL DISTRICTS AND DEVELOPMENT OF
A PARKING MASTER PLAN, AND DIRECTION REGARDING BALLOT MEASURE
POSITIONS
Mayor Sue Kempf suggested adding a special meeting on July 26, 2022, to further discuss the staff ordinance pertaining to the regulation of building height, mass and bulk in the commercial districts and development of a parking master plan.
Staff Report: Director of Community Development Marc Wiener gave a presentation did saie, and askingnie explained the background heatigulatio de Gily Council directed staff to investigate development standards for large projects outside of the downtown area.
Public Testimony: Morris Skenderian, Chris Catsimanes, Anne Caenn, Johanna Felder, and Gene Felder commented that they did not support the proposed zoning amendments, and they listed their reasons.
Tom Gibbs stated that the proposed zoning amendments were a good start to address concerns of mass, character, and parking in Laguna Beach.
Councilmember Comments: Councilmember Peter Blake thanked staff on the great proposal, and he said he supported addressing the concerns of the residents of Laguna Beach.
Mayor Pro Tem Bob Whalen stated the importance of adhering to the 36-foot maximum height requirement and there needed to be a fair parking plan.
Staff Report: Assistant City Manager Ken Domer gave a presentation discussing the next steps to take pertaining to the voter-initiated ballot measures.
Public Testimony: Joanna Bear, General Manager of the Surf and Sand Hotel, Mary Rogers, General Manager of the Montage Resort and Spa, and Mark Christy, Managing Partner of the Ranch at Laguna Beach, requested the City Council oppose the "anti- hospitality" ballot measures, and they explained..
Tom Gibbs voiced his opposition to Laguna Residents First ballot measure pertaining to development in Laguna Beach.
Erin Slattery, Laguna Beach Chamber of Commerce, Louis Weil, and JJ Ballesteros, Laguna Beach Chamber of Commerce, requested the City Council oppose all three voter- sponsored ballot measures, and they listed their reasons. -10-
Laguna Beach City Council Minutes July 12, 2022
Councilmember Comments: Mayor Pro Tem Bob Whalen stated that he supported preparing resolutions opposing all three ballot initiatives, and he explained.
Councilmember George Weiss described why he supported the Laguna Residents First ballot initiative. He added that he was sensitive to the hotel labor unions.
Councilmember Toni Iseman commented that she supported local hotels and she opposed the hospitality ballot measures.
Councilmember Pete Blake stated that he opposed the three voter-sponsored ballot measures, and he explained.
Mayor Sue Kempf explained why she would be opposing all of the ballot initiatives.
Moved by Mayor Sue Kempf, seconded by Councilmember Toni Iseman, and carried unanimously 5/0 to continue Zoning Ordinance Amendment 22-0932 and Local Coastal Program Amendment 22-0933 to a special meeting on July 26, 2022.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to provide direction to staff to return with the appropriate resolution to oppose the hotel measure regarding land use appearing on the ballot, at the July 19, 2022, City Council meeting to designate authors for ballot arguments and rebuttals.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Toni Iseman, and carried 4/0 (Councilmember George Weiss abstained) to provide direction to staff to return with the appropriate resolution to oppose the hotel measure regarding hotel workers appearing on the ballot, at the July 19, 2022, City Council meeting to designate authors for ballot arguments and rebuttals.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Peter Blake, and carried 3/2 to provide direction to staff to return with the appropriate resolution to oppose the Laguna Residents First measure appearing on the ballot, at the July 19, 2022, City Council meeting to designate authors for ballot arguments and rebuttals.
Roll Call:
Ayes: Blake, Whalen, Kempf
Noes: Iseman, Weiss
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Laguna Beach City Council Minutes July 12, 2022
PUBLIC HEARING FOR APPEAL
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A. APPEAL OF PLANNING COMMISSION APPROVAL OF DESIGN REVIEW 22-0047, COASTAL DEVELOPMENT PERMIT 22-0048, AND ADOPTION OF MITIGATED
NEGATIVE DECLARATION WITH MITIGATION AND MONITORING REPORTING
PROGRAM TO CONSTRUCT BEACH ACCESS IMPROVEMENTS AND AN
ENCLOSED LIFEGUARD TOWER AT MOSS POINT BEACH
Staff Report: Capital Program Manager Tom Perez gave a presentation discussing the beach access improvements and an enclosed lifeguard tower at Moss Point Beach.
Marine Safety Chief Kevin Snow continued the presentation, describing the design options for the enclosed lifeguard tower at Moss Point Beach.
Questions of Staff: Councilmember Toni Iseman confirmed with staff that Moss Point Beach was not a year-round lifeguarded beach.
Councilmember Peter Blake stated that the safety of staff was vital, and he hoped a compromise could be made to ensure residents supported the installation of an enclosed lifeguard tower.
Councilmember George Weiss commented that he supported lifeguard towers at Laguna beaches; however, he questioned the demand for a tower at this small beach. Marine Safety Chief Kevin Snow responded to Councilmember Weiss explaining the need for a lifeguard tower at this location and the purpose for the proposed design. City Manager Shoreh Dupuis listed the number of rescues, medical aids, public contacts, and preventive and enforcement contacts over the last five years at Moss Point Beach.
Testimony in Support of the Appeal: Nolan Miura, appellant, described his reasons for appealing the Planning Commission's approval of the enclosed lifeguard tower at Moss Beach, including reviewing other alternatives to identify the best option to enhance public safety and protect our lifeguards while preserving the beauty of Moss Cove. He stated that the residents were looking for a "win-win" situation.
Councilmember Peter Blake discussed a compromise and asked staff about alternative options.
Capital Program Manager Tom Perez responded to Councilmember Blake, explaining the rationale behind the currently proposed design and structure of the lifeguard tower. He stated that he would be willing to explore the ability to install a portable tower that could be removed during the off season.
Marine Safety Chief Kevin Snow commented that staff had investigated Mr. Miura's suggestions. He explained and a discussion ensued.
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Debbie Lewis, appellant, commented that she appreciated staff's willingness to compromise to ensure public safety, and the need to preserve the natural beauty of Moss Point Beach. She thanked staff for exploring alternatives to address residents' concerns.
Jordan Kornwold, Dave Kirvin, Ruben Flores, Louis Weil, and Michael Hsu stated that they supported the appeal and they appreciated staff investigating different solutions that protected lifeguards, ensured public safety, and preserved the beauty of the beach.
Testimony in Opposition to the Appeal: Capital Program Manager Tom Perez explained that after exploring many options, the proposed lifeguard tower design would be the most feasible and reliable solution for Moss Point Beach. Marine Safety Chief Kevin Snow added that the proposed lifeguard tower had been utilized on the beaches throughout Laguna for the last 20 years and has a proven track record.
Mark Klosterman, Earl Richmond, Dale Ghere, and Ryan Ghere expressed their support for the Planning Commission-approved enclosed lifeguard tower at Moss Point Beach, and they explained.
Rebuttal: Nolan Miura, appellant, stated that they were in support of an enclosed lifeguard tower, and he discussed the portable aspect of the tower.
A discussion ensued regarding a feasible option for a lifeguard tower.
Mayor Pro Tem Bob Whalen stated that he supported the proposed lifeguard tower that could be removed in the off season with a reduced profile flat roof and a lower the caisson.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to grant the appeal and approve Design Review 22-0047, Coastal Development Permit 22-0048, and adoption of a Mitigated Negative Declaration with the implementation of a Mitigation Monitoring and Reporting Program, as revised by the Council, replacing the proposed permanent tower with an enclosed lifeguard tower constructed on a caisson at the location indicated on the proposed plans; however, the tower shall only be deployed to this location seasonally. The tower shall not be deployed sooner than May Ist and shall be removed by September 30th each year. The caisson shall be designed to be safe and create minimal visual impact when the tower is not deployed The dates for deployment of the enclosed tower shall be re-evaluated after three years from the initial deployment and dates can be adjusted, if needed, to meet current demand for lifeguard supervision at the beach (Resolution #22.059). - 13-
Laguna Beach City Council Minutes July 12, 2022
COUNCILMEMBER ITEM
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PARKING LEASES FOR INDIVIDUALS, LANDLORDS AND BUSINESSES IN
LAGUNA BEACH (WEISS)
Councilmember George Weiss was interested in knowing the authority upon which these leases are given, the justification for the very low monthly fee, and how one would qualify for securing these parking spaces.
Mayor Sue Kempf advised that the Parking Master Plan subcommittee was reviewing this policy as part of the holistic review.
ADJOURNMENT
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There being no further business, Mayor Kempf at 10:37 p.m., Tuesday, July 12, 2022, adjourned to the Closed Session at 3:30 p.m., Interviews and Appointments for the Emergency/Disaster Preparedness Committee unscheduled vacancy at 4:30 p.m. and the Regular Hybrid Virtual/In- Person City Council Meeting at 5:00 p.m. on Tuesday, July19, 2022, at City Hall, 505 Forest Avenue, Laguna Beach California.
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Approved: August 2, 2022
Sue Kempf, Mayor
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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
July 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, July 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 10:37 p.m., Tuesday, July 12, 2022, adjourned to the Closed Session at 3:30 p.m., Interviews and Appointments for the Emergency/Disaster Preparedness Committee unscheduled vacancy at 4:30 p.m., and the hybrid virtual/in-person regular City Council meeting at 5:00 p.m., Tuesday, July 19, 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"h day of July 2022.
CORPORATE
City Clerk of the City of Laguna Beach Californi
UNE 29, 192
GE COUNTY CALIFO
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, July 12, 2022, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on July 13, 2022, at the hour of 10:15 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.
City Clerk of the City of Laguna Beach, Calfai