Laguna Beach City Council Minutes August 16, 2022
MINUTES
LAGUNA BEACH CITY COUNCIL
REGULAR HYBRID VIRTUAL/IN-PERSON MEETING
August 16, 2022
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, August 16, 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.
PUBLIC COMMUNICATIONS
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Dr. Rebecca Washington-Lindsey, We All Matter, presented tote bags to the Councilmembers and City Manager in appreciation of their support for the Black History Month program, and she advised that her organization received a grant for 2023.
Ganka Brown provided additional pictures of the native cucumber vine she asserts negatively impacts other landscape and vegetation.
Susan Shahani requested that the City update the City ordinances related to disturbing the peace and animal noise to include specificity for enforcement similar to what is in the County's code, to reduce opportunities for abuse and unequal application.
Ben Simon stated that the Laguna Beach Unified School District is designing a major two-story expansion of its facility on Blumont, and requested that the City encourage the School District to incorporate its additional needs into the St. Catherine property that the City is purchasing.
David Raber, Laguna Residents First (LRF), clarified the LRF ballot initiative's use of the word "Electorate," asserting that since California law prevails, "Electorate" would refer to the majority of voters that vote on an issue. He also noted that there is a categorical exemption in the initiative for small businesses that do not change the height, size, or nature of the business, and he stated that the City can administratively exempt a business for exceeding the parking requirements by making the finding that the exemption would not impact the community.
Pat Gallis requested an update on the CEQA-related lawsuits. -I-
Laguna Beach City Council Minutes August 16, 2022
Stacy Dumas spoke about the tragic death of Stan Isaacs who was killed on Thursday while he and his wife were crossing Coast Highway in a lit crosswalk at Peari Street. She expressed her concerns about public safety and implored the City to consider options to improve public safety.
Trish Sweeney stated that the Council's priorities should be better visibility crosswalks, lighting improvements in South Laguna, and pedestrian safety at the promenade. Sweeney noted that Laguna Beach has one of the highest DUI rates in the County, and she commented that vehicles speed down Bluebird Canyon Drive.
John Thomas encouraged the City to increase enforcement south of downtown.
Chris Catsimanes reported on an incident he encountered with evidence of a white Tesla hitting a mailbox. He also expressed concern about the number of establishments providing alcohol service.
Christy Miller also spoke about the death of Stan Isaacs, and requested that the City improve pedestrian safety on Glenneyre Street.
COUNCIL AND STAFF REPORTS
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City Clerk Ann Marie McKay announced that the nomination period for Laguna Beach residents interested in running for City Council in the November 8 general election has been extended to 5:30 p.m., August 17, since Councilmember Toni Iseman decided not to run for re-election. Appointments for nomination papers can be made by emailing or calling her directly at [email protected] or (949) 497-0309. McKay advised that there are currently six candidates qualified for the ballot: Peter Blake, Ruben Flores, Sue Kempf, Mark Orgill, Jerome Pudwill, and Louis Weil.
City Treasurer Laura Parisi reported that she attended the National Association of Treasurers conference, and was presented with the award the City received for its investment policy. She noted some key takeaways, including the expectation that interest rates will continue to rise.
Regarding Ben Simon's concerns regarding the School District's expansion plans, City Manager Shohreh Dupuis advised that staff meets with the School District on a regular basis, and will ask about its plans to inform the public about any proposed plans.
Regarding Dave Raber's comments about the discussion at the Planning Commission meeting related to the LRF initiative's application to the recently-approved coffee establishment on Broadway, Community Development Director Marc Wiener responded that because the conversion was a change of use, the initiative would revert the parking requirements to the Zoning Code, instead of the recently-revised Downtown Specific Plan, and the new use would be deficient in parking.
Regarding incomplete work on Coast Highway, Public Works Director Mark McAvoy advised that Caltrans issued an emergency contract to address that work, which includes the North Laguna right- of-way/sidewalk unfinished work and the crosswalks at Oak Street and Jasmine Street.
Regarding enforcement related to barking dogs, Professional Services Administrator Jim Beres -2-
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advised that staff has been working with the City Attorney to update Title 6, and he acknowledged that the "Disturbing the Peace" section was last updated in 1978 and is vague, which allows flexibility, but can also lead to the issues mentioned by Ms. Shahani.
City Manager Shoreh Dupuis advised the Council that when her niece visited her in January, her niece had her dogs with her, and let her dogs off leash at the far corner of the Village Green park to go to the bathroom behind the bushes while no one else was at the park. Dupuis advised that an Animal Control Officer (ACO) approached them and issued her niece a warning. She gave kudos to the officer for doing his job and indicated that she had a conversation with her niece afterwards about what dogs are allowed to do and not allowed to do in Laguna Beach, and her niece's dogs were always on leash for the remainder of her visit. Dupuis advised that she is informing the Council because a reporter has requested the ACO's body cam video for the date the interaction occurred and wanted to make sure the Council was aware of it. Councilmember Peter Blake requested that the City Manager investigate who disclosed the incident to the reporter.
Regarding concerns related to speeding vehicles on Bluebird Canyon Drive, City Manager Shoreh Dupuis advised that the Parking, Traffic, & Circulation Committee denied the request for speed bumps; however, she directed staff to have a speed survey done. Director of Public Works Mark McAvoy advised that the data collection has been completed and staff will soon have the draft results and will follow up with recommendations for the Council based on those results.
Regarding Glenneyre Street, Director of Public Works Mark McAvoy advised that a traffic assessment from Calliope Street to Forest Avenue is in process and the draft report and recommendations are currently being reviewed by staff. He stated that one of the recommendations was for a lighting analysis, which will be included in the report that will be provided to the Council in the fall.
Regarding the CEQA-related lawsuits, City Attorney Phil Kohn advised that the only update since his report at the last meeting is that the new attorney for the plaintiffs on the Kirby lawsuit has filed an appeal of the judgment.
Councilmember Toni Iseman asked for City staff and City Attorney's input on the August 10, 2022, Notice of Violation letter from the California Coastal Commission to Hotel Laguna about blocking off the beach. City Attorney Phil Kohn advised that it had not been thoroughly reviewed because it is not the City's jurisdiction, and Director of Community Development Marc Wiener assured that the City's relationship with the Coastal Commission has not been negatively impacted by the issue.
City Manager Shoreh Dupuis advised Councilmember Toni Iseman that she will have staff look into concerns expressed by the public about difficulties accessing the beach at Pearl Street because of the steep and sandy steps.
Mayor Pro Tem Bob Whalen and Mayor Sue Kempf commented on attending the Festival of Arts 90t Anniversary party.
Mayor Pro Tem Bob Whalen requested that staff investigate options for the City to take over Coast Highway or take over the maintenance of Coast Highway.
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CONSENT CALENDAR
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Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to approve items 1-2, 6, 8, and 9.
MINUTES OF THE CITY COUNCIL MEETING
Approved the Minutes of the Special Meeting of the City Council of July 26, 2022, and the Regular Meeting of the City Council of August 2, 2022.
WARRANT LISTING
Approved the General Warrants and payroll disbursements.
Warrants: $3,703,350.73 07/22/2022
$1,218,118.66 (I-Bank Wires) 07/27/2022
$4,921,469.39
Payroll #1:$1,620.616.20 07/29/2022
Total: $6.542,085.59
3. SERVICE PROVIDER AGREEMENTS FOR GRANT SEEKING AND WRITING
SERVICES
Councilmember Toni Iseman pulled this item in order to question the decision to execute a service agreement with Curt Pringle & Associates.
City Manager Shoreh Dupuis described the consultant service agreement process.
Assistant to the City Manager Jeremy Frimond responded to Councilmember Iseman describing the reasons for staff's recommendation to hire several agencies to assist the city with grant seeking and writing services and a discussion ensued.
Mayor Pro Tem Bob Whalen asked about the terms of the agreement.
Assistant to the City Manager Jeremy Frimond responded to Mayor Pro Tem Whalen clarifying the service agreements and the compensation structures.
Councilmember George Weiss confirmed with staff that Curt Pringle & Associates was qualified for grant writing. He stated that he supported the city having several options for grant seeking and writing services.
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Moved by Councilmember George Weiss, seconded by Mayor Pro Tem Bob Whalen, and carried unanimously 5/0 to:
(1) Authorize the City Manager to execute consultant service agreement #22-86 with Curt Pringle & Associates, for Fiscal Year 2022-23, in an amount not to exceed $90,000, for grant seeking and writing services, with an option to extend the agreement for Fiscal Year (2) Authorize the City Manager to execute on-call consultant service agreement #22-87 with Mark Thomas & Company, Inc. to assist with seeking grants for transportation infrastructure projects;
(3) Authorize the City Manager to execute on-call consultant service agreement #22-88 with Hoch Consulting APC to assist with seeking grants for wastewater infrastructure projects; and
(4) Continue to retain Townsend Public Affairs, Inc. as the lead agency for legislative affairs, which includes garnering support for City programs and projects at the state and federal level.
4. APPROVAL OF CLIMATE ACTION AND ADAPTATION PLAN SCOPE OF
SERVICES AND RELEASE OF REQUEST FOR PROPOSAL
Councilmember George Weiss pulled this item to highlight the significance of the plan and to commend staff for addressing climate change concerns. He thanked the Environmental Sustainability Committee (ESC) and the Emergency/Disaster Preparedness Committee (EDPC) for their input.
Mayor Pro Tem Bob Whalen concurred with Councilmember Weiss.
Public Testimony: ESC members Shelley Bennecke, Steve Chadima, Judie Mancuso, and Aviva Meyers expressed their support for the item and applauded staff's efforts to grasp the importance of climate change. They stressed the importance to keep moving towards zero gas emissions.
Tom Gibbs EDPC, explained the value of including fire mitigation when developing a climate action plan.
Councilmember Comments: Mayor Sue Kempf expressed the merits of the committees input to the climate action plan.
Moved by Councilmember George Weiss, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to:
(1) Review and approve the proposed scope of services for the California Environmental Quality Act Compliant Climate Action and Adaptation Plan; and (2) Direct staff to release the Request for Proposals for the development of the Climate Action and Adaptation Plan.
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Laguna Beach City Council Minutes August 16, 2022
FINDINGS FOR VIRTUAL MEETINGS OF CITY COUNCIL AND CITY
COMMISSIONS, COMMITTEES, BOARDS AND OTHER BODIES
Councilmember Toni Iseman pulled this item to garner clarification of the item.
City Manager Shoreh Dupuis briefly described the agenda report.
Moved by Councilmember Toni Iseman, seconded by Councilmember George Weiss, and carried unanimously 5/0 to adopted Resolution #22.067 titled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, MAKING
FINDINGS AND DETERMINATIONS FOR AUTHORIZING VIRTUAL MEETINGS OF
CITY COUNCIL AND CITY COMMISSIONS, COMMITTEES, BOARDS, AND OTHER BODIES PURSUANT TO ASSEMBLY BILL 361."
6. PRELIMINARY ENGINEER'S REPORT, RESOLUTION OF INTENTION, AND
RESOLUTION PRELIMINARILY APPROVING THE ENGINEER'S REPORT FOR PROPOSED UNDERGROUND UTILITY ASSESSMENT DISTRICT 2013-2 (DIAMOND STREET)
(1) Adopted Resolution #22.068 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, DECLARING ITS INTENTION
TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS AND TO FORM UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 2013-2 (DIAMOND STREET)";
(2) Adopted Resolution #22.069 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, PRELIMINARILY ADOPTING,
CONFIRMING, AND APPROVING THE ENGINEER'S REPORT AND
APPOINTING THE TIME AND PLACE FOR HEARING PROTESTS TO
IMPROVEMENTS IN PROPOSED UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 2013-2 (DIAMOND STREET)," appointing the October 4, 2022, City Council Meeting for a public hearing regarding proposed Underground Utility Assessment District 2013-2; and
(3) Acknowledged the intent to contribute $204,001 for the General Benefit cost from the Street Lighting and Utility Fund if the district is approved and prior to bonds being sold -6-
Laguna Beach City Council Minutes August 16, 2022
AWARD PROFESSIONAL SERVICES CONTRACT FOR NORTH COAST
INTERCEPTOR REACH 5 PROJECT
Mayor Sue Kempf and Councilmember Toni Iseman pulled this item.
Mayor Sue Kempf asked about water quality projects that would be deferred as a result of moving the North Coast Interceptor (NCI) Reach 5 project forward.
Director of Water Quality David Shissler stressed the importance of the NCI project.
Senior Project Manager Hannah Broida explained the significance of the NCI project and the deferral of the other projects.
Public Testimony: Penelope Milne suggested retaining the funds that would be transferred from the Laguna Channel project to be utilized for planting large trees.
Councilmember Comments: Councilmember Toni Iseman stated that she pulled this item to ensure that the residents of South Laguna were part of the process to ensure traffic concerns were addressed
Councilmember George Weiss confirmed with staff that the other projects would be deferred by one year.
City Manager Shoreh Dupuis responded to Milne's comment that the funding for the NCI project would be utilizing sewer funds and had nothing to do with the Laguna Channel money.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Award professional services contract #22-89 to Dudek for design, environmental documentation, and regulatory permitting for the North Coast Interceptor Reach 5 Replacement Project in the amount of $954,555;
(2) Authorize the City Manager to approve related expenses and change orders for unanticipated costs up to $140,000;for a public hearing regarding proposed Underground Utility Assessment District 2013-2; and
(3) Appropriate $276,079 from the available Wastewater Fund balance; and (4) Transfer budgets from deferred projects and project savings listed in Table 2. -7-
Laguna Beach City Council Minutes August 16, 2022
RESPONSE TO GRAND JURY REPORT ON EMERGENCY MEDICAL SERVICE
RESPONSE IN ORANGE COUNTY
Authorized the City Manager to submit the response to the Grand Jury Report on Emergency Medical Service to the presiding judge of the Orange County Superior Court.
SWABILIAT COSTSANG BLUEBIRD CANYON DRIVE SLOPE
(1) Awarded and authorized the City Manager to execute contract #22-90 with Horizons Construction Company International (Horizons) in the amount not-to-exceed $424,200, for construction of Bluebird Canyon Drive Slope Stabilization West of Saling Way (BCD Slope Stabilization);
(2) Authorized the City Manager to approve project related expenses for change orders and unforeseen circumstances for an amount not-to-exceed $50,000; and (3) Transferred an appropriation of $125,000 in project savings from the Laguna Canyon Channel Rehabilitation project to the Citywide Storm Damage Slope Street account.
10. ADOPTION OF ORDINANCE AMENDING LAGUNA BEACH MUNICIPAL CODE SECTIONS 25.05.040, 25.05.025 AND 25.51.010 RELATING TO BUILDING HEIGHT.
MASS, BULK, AND PARKING WITHIN THE COMMERCIAL DISTRICTS Councilmember George Weiss pulled this item for further discussion. He questioned the lot merger standards outside the downtown.
Director of Community Development Marc Wiener responded to Councilmember Weiss clarifying the modifications to lot mergers outside the downtown.
Councilmember Toni Iseman discussed with the City Attorney letters of opposition to the amendments received late in the day.
Public Testimony: Gene Felder and Jacob Cherub voiced their opposition to the ordinance modifications.
Councilmember Comments: Mayor Pro Tem Bob Whalen discussed the language amendments in the ordinance. He stated that he supported the proposed ordinance modifications that would offer added land use protections and he explained. -8-
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Councilmember George Weiss commented that there were some positive proposed changes; however, he said he did not support the unlimited size of buildings outside the downtown.
Mayor Sue Kempf stated that she supported the proposed ordinance and she described.
Councilmember Toni Iseman said she would be willing to support the proposed ordinance as a fallback if the Laguna Residents First initiative did not pass. She added that it did not go far enough to protect Laguna Beach from development.
Councilmember Peter Blake stated he did not support the proposed changes to the ordinance and he explained.
Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempf, and carried 3/2 to adopt Ordinance #1675 titled, "AN ORDINANCE OF THE CITY OF LAGUNA BEACH,
CALIFORNIA, AMENDING LAGUNA BEACH MUNICIPAL CODE SECTIONS
25.05.040, 25.05.025 AND 25.51.010 RELATING TO BUILDING HEIGHT, MASS, BULK AND PARKING WITHIN THE COMMERCIAL DISTRICTS," with the first sentence is Subsection (H)(17) removed.
Roll Call:
Ayes: Iseman, Whalen, Kempf
Noes: Blake, Weiss
11. ACCEPTANCE OF GRANT OF EASEMENT TO THE CITY OF LAGUNA BEACH FOR OPEN SPACE AT 1587 ATLANTIC WAY (APN 641-171-12)
Councilmember Toni Iseman pulled this item to garner clarification for the neighborhood.
Public Testimony: Penelope Milne commented that she was pleased to have 38 acres of open space as an easement in Laguna Canyon.
Judie Mancuso stated that although she supported the easement, she voiced her concerns that there had been any development permitted at this location in the canyon.
Councilmember Comments: Mayor Pro Tem Bob Whalen confirmed with staff that there was an enforcement process in place should the open space not be properly maintained by the property owner.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Toni Iseman, and carried unanimously 5/0 to accept the offer of easement for open space over a portion of private property located at 1587 Atlantic Way and authorize the City Clerk to execute the Certificate of Acceptance, and to record the Grant of Easement on behalf of the City. -9-
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12. RESOLUTION APPROVING LOT LINE ADJUSTMENT 21-10961 AND COASTAL DEVELOPMENT PERMIT 22-1390 (1201 NORIA STREET)
Public Testimony: Daniel Kopman voiced his concerns regarding the lot line adjustment at 1201 Noria Street and protecting his views.
Councilmember Toni Iseman requested additional information from staff.
Director of Community Development Marc Weiner responded to Councilmember Iseman and described the development and lot merger. He addressed Kopman's concerns.
Councilmember Toni Iseman recused herself from the item.
Councilmember George Weiss confirmed with staff that neighbors' views would not be impacted.
Ben Tigner, owner and applicant, explained the need for a lot line adjustment in order to build a single-family home.
Kirk Saunders, architect for the project, stated that the project would be smaller than the standards permitted.
Mayor Pro Tem Bob Whalen confirmed with staff that Kopman's concerns were addressed in design review standards.
Moved by Councilmember George Weiss, seconded by Mayor Sue Kempf, and carried 4/0 (Councilmember Iseman recused herself) to adopt Resolution #22.070 titled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT 21-10961 AND COASTAL DEVELOPMENT PERMIT 22-1390 AT 1201 NORIA STREET, AND A CATEGORICAL EXEMPTION PURSUANT TO STATE CEQA GUIDELINES SECTION 15305."
13. SERVICE PROVIDER AGREEMENT TO EXPAND THE CITY'S OUTDOOR
WARNING SYSTEM
Mayor Sue Kempf pulled this item asking about the timing of the outdoor warning system in Bluebird Canyon. Fire Chief Niko King responded that the outdoor warning system in Bluebird Canyon would be installed by the end of the year.
Moved by Mayor Sue Kempf, seconded by Councilmember George Weiss, and carried unanimously 5/0 to authorize the City Manager to execute service provider agreement #22- 91 with Genasys Inc., in the amount not-to-exceed $285,000, to provide consulting, planning, installation, and software hosting for additional outdoor warning speakers. -10-
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REGULAR ORDER
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14. REVIEW OF THE PARKING MANAGEMENT PLAN FOR THE RED DRAGON RESTAURANT AT 680 S. COAST HIGHWAY
Staff Report: Principal Planner Martina Caron gave a presentation describing the parking management plan for 680 South Coast Highway.
Public Testimony: Jim Conrad, architect representing the owner, stated that he would be available to answer any questions.
Jacob Cherub commented that he supported the plan; however, he said enforcement was vital.
Councilmember Comments: Mayor Sue Kempf suggested the parking plan be reviewed in a year.
Councilmember George Weiss commended the owner for working with the community to mitigate neighborhood impacts with a workable plan. He voiced concerns about ingress and egress for the valet service.
Councilmember Toni Iseman stated the parking management plan was a great solution and was a model for other businesses in the city. She voiced concerns about neighboring projects.
Mayor Pro Tem Bob Whalen stated the importance of compliance with the plan and to check in periodically with the restaurant.
Councilmember George Weiss confirmed with Conrad that employees would log in upon entering the shuttle van on their way to work.
Moved by Mayor Sue Kempf, seconded by Councilmember George Weiss, and carried unanimously 5/0 to adopt Resolution #22.071 titled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING A
PARKING MANAGEMENT PLAN AS REQUIRED BY CONDITIONAL USE PERMIT 19-5417 FOR THE RESTAURANT (THE RED DRAGON) AT 680 SOUTH COAST HIGHWAY," with the added condition that the parking plan is reviewed by the Council after one year of implementation.
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15. RESOLUTION ADOPTING CITYWIDE EFFORTS TO ADDRESS CLIMATE CHANGE Staff Report: Assistant to the City Manager Jeremy Frimond gave a presentation briefly describing the resolution to adopt citywide efforts to address climate change.
Mayor Pro Tem Bob Whalen stated he supported including wildfire mitigation and fire safety provisions in the resolution.
Councilmember George Weiss described the emergence of the climate change resolution, and he acknowledged those participants involved in the process.
Public Testimony: Tom Gibbs, Emergency/Disaster Preparedness Committee (EDPC), thanked the City Council for including the language on wildfire mitigation and fire safety provisions.
Matt Lawson, EDPC, stated that he supported the resolution and adding the wildfire mitigation language.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to adopt Resolution #22.072 titled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING
CITYWIDE EFFORTS TO REDUCE GREENHOUSE GAS EMISSIONS AND BUILD TOWARDS CLIMATE RESILIENCY," with the added language as presented by staff addressing wildfire conflagration.
16. SOLID WASTE FRANCHISE AGREEMENT REQUEST FOR PROPOSALS Staff Report: Senior Public Works Analyst/Solid Waste Program Coordinator Liz Avila gave a presentation describing the solid waste franchise agreement request for proposals.
Questions of Staff: Councilmember Toni Iseman asked for clarification regarding the Chages tha void or i sides specif cal Ere would be itement mate struetures and she explained.
Councilmember Toni Iseman asked about if residents would be required to compost.
Senior Public Works Analyst/Solid Waste Program Coordinator Liz Avila stated that they would be required to implement organics recycling. She added that SB 1383 would require cities to monitor compliance contamination. A discussion regarding organics recycling ensued.
Mayor Pro Tem Bob Whalen asked about the change to direct billing residents rather than the current process, which was to charge them through their property bills. Director of Public Works Mark McAvoy explained why direct billing was being recommended.
Mayor Pro Tem Bob Whalen asked about the vehicles that would be utilized for residential -12-
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and businesses. Director of Public Works Mark McAvoy described the type of vehicles that the RFP required. McAvoy verified that staff would be monitoring the 8-year program with the future hauler to ensure residents were receiving the newest vehicle technology.
Councilmember Toni Iseman confirmed with staff that 100% of the businesses in Laguna Beach recycled
Mayor Sue Kempf asked about "smart bin" technology for commercial services. Senior Public Works Analyst/Solid Waste Program Coordinator Liz Avila briefly described the trash bin monitoring system. Trevor Blithe, consultant for the city, further described the Smart Bin sensors for commercial services.
Mayor Sue Kempf asked about city composting giveaways. Senior Public Works Analyst/Solid Waste Program Coordinator Liz Avila described the proposed compost giveaway versus the current process.
Councilmember George Weiss commented that this was a good plan and he explained. He asked about the proposed cost increases.
Director of Public Works Mark McAvoy responded to Councilmember Weiss stating that it would be difficult to speculate pricing; however, he said he hoped by soliciting multiple haulers, the competitive process would keep rates down.
Councilmember Weiss asked about sourcing compost locally. Trevor Blithe, consultant for the city, stated that there would be a competitive process and it would depend on the hauler's ability to access and haul the compost. He commented that hopefully there would be local options by the time this program was underway.
Public Testimony: John Thomas asked if there were an exit clause in the contract. Senior Public Works Analyst/Solid Waste Program Coordinator Liz Avila responded that there were contract terms that would allow the city to cancel the contract for nonperformance.
Councilmember and Staff Comments: City Manager Shoreh Dupuis discussed the integrity rule in the agenda report.
Mayor Pro Tem Bob Whalen confirmed with staff that they anticipated the potential for four haulers that would participate in the RFP process.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Approve the Request for Proposals for the Collection, Transportation, Processing and Diversion of Recyclable Materials, and other Materials and for the Collection, Transportation and Disposal of Municipal Solid Waste; and (2) Authorize the City Manager to make non-substantive changes to the RFP and its attachments and to solicit proposals.
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17. FINANCIAL STRATEGIES AND APPROVAL TO PURCHASE 30516 COAST HIGHWAY (ST. CATHERINE OF SIENA SCHOOL PROPERTY)
Staff Report: Director of Administrative Services Gavin Curran gave a presentation discussing financial strategies to fund the purchase of St. Catherine of Siena School property.
City Manager Shoreh Dupuis continued the presentation discussing financial partnerships, specifically with the Laguna Beach Unified School District (LBUSD).
Mayor Pro Tem Bob Whalen asked about the process for the state to review the property.
Jeff Dixon, LBUSD representative, responded to Mayor Pro Tem Whalen, stating that state standards would need to be met, but it would not be a long process.
Mayor Pro Tem Bob Whalen asked about potential improvements to the site.
Jeff Dixon, LBUSD representative, responded to Mayor Pro Tem Whalen stating that the school board saw this as a great short-term and long-term opportunity to partner with the city to ensure the site was best utilized for the community.
Director of Administrative Services Gavin Curran continued with the presentation, discussing funding updates to the agenda report recommendations.
City Manager Shoreh Dupuis and Director of Administrative Services Gavin Curran listed the staff recommendations for the City Council.
Questions of Staff: Councilmember George Weiss asked about the change in funding options. Director of Administrative Services Gavin Curran explained the reason for funding through a private placement versus internally funding the purchase of the property.
City Treasurer Laura Parisi addressed concerns of funding the purchase internally.
Public Testimony: John Thomas commented that he supported purchase of the property and financing the purchase internally, and he explained. He suggested that if the city did decide on a private placement to look at a shorter loan period.
City Treasurer Laura Parisi responded to Thomas explaining why staff endorsed the private placement.
Mayor Pro Tem Bob Whalen asked if there would be a loss by liquidating investments in order to raise $12 million. City Treasurer Laura Parisi explained there would be enough cash flow to meet the other needs of the city from the collection of property taxes in December.
Councilmember Comments: Mayor Pro Tem Bob Whalen commented that he supported moving ahead with the purchase of the property and this was a tremendous opportunity. He stated that he supported pursuing the private placement option to fund the purchase and he explained.
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Mayor Sue Kempf stated that John Thomas raised valid points; however, she said she agreed with Mayor Pro Tem Whalen's rationale for funding the purchase through a private placement.
Councilmember George Weiss asked about borrowing short-term. Director of Administrative Services Gavin Curran explained that borrowing longer term created more stability in the city's budget.
Councilmember George Weiss stated that he was supportive of purchasing the site and it was important to explore the possible funding options for long-term uses.
Mayor Pro Tem Whalen asked about repayment of the loan and a discussion ensued.
Jim Fabian, consultant Fieldman, Rolapp & Associates, stated that they would be returning to the City Council in October with a terms sheet for a private placement financing.
City Treasurer Laura Parisi confirmed with Fabian that his firm would be taking direction from staff as to the best financial decision and whether a floating or a fixed rate would be the best option.
Mayor Pro Tem Bob Whalen confirmed with staff that a bond counsel would need to be appointed.
Moved by Mayor Sue Kempf, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Authorize the City Manager to make a formal offer to the Diocese of Orange for $23 million for the purchase of St. Catherine of Siena school property (Property), inclusive of a refundable deposit up to 3% of the total purchase price, and to enter into a purchase and sale agreement upon acceptance of the offer, with an escrow period up to 120 days; (2) Determine that the recommended acquisition is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines section 15061(b)(3) and section 15301 (class 1) categorical exemption due to the continued use of an existing facility with negligible or no expansion of use; Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to adopt Finance Option 3, by appropriating $23.5 million tor the purchase of the Property using $4 million from the Future City Facilities account, $2 million from the available American Rescue Plan Act (ARPA) funds designated for City Facilities, $3 million from the General Fund mid-year savings, $2 million from Vehicle Replacement Fund mid- year savings, $1 million Insurance Fund mid-year savings, and direct staff to seek a direct loan via a private placement sale for the balance of $11.5 million. -15-
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Laguna Beach City Council Minutes
ADJOURNMENT
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There being no further business, Mayor Kempf at 9:27 p.m., Tuesday, August 16, 2022, adjourned 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, September 20, 2022, at City Hall, 505 Forest Avenue, Laguna Beach California.
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Approved: September 20, 2022 Stad
Sue Kempf, Mayor
Am Mane Micky Cry Clari
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NOTICE OF ADJOURNMENT OF CITY COUNCIL MEETING
(GOVERNMENT CODE SECTION 54995
EXCERT OF THE MINUTES OF THE
HYBRID VIRTUAL/IN-PERSON REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH
August 16, 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, August 16, 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 9:27 p.m., Tuesday, August 16, 2022, adjourned to the Closed Session at 4:00 p.m., and hybrid virtual/in-person Regular City Council Meeting at 5:00 p.m., Tuesday, September 20, 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
1, 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 17'h day of August 2022.
City Clerk of the City of Laguna Beach California
MCORPORATES
JUNE 29. 1921
ANGE COUNT CALIF
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, August 16, 2022, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on August 17, 2022, at the hour of 9:30 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.
CHUk