Laguna Beach City Council Minutes September 20, 2022
MINUTES
LAGUNA BEACH CITY COUNCIL
REGULAR HYBRID VIRTUAL/IN-PERSON MEETING
September 20, 2022
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was called a deavor Tuesday, September 20,2022, ., in the City Hall, 505 Forest Avenue, Laguna Beach.
ROLL CALL
PRESENT: COUNCILMEMBERS: Blake, Iseman, Weiss, Whalen, Kempf PARTICIPATING REMOTELY: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember George Weiss led the Pledge of Allegiance.
CLOSED SESSION
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Conference with Labor Negotiators (pursuant to Government Code section 54956.8) regarding Laguna Beach Municipal Employees Association, Laguna Beach Management Group, Laguna Beach Police and Fire Management Association, Laguna Beach Police Employees Association, Laguna Beach Firefighters Association, Laguna Beach Marine Safety Association, and Laguna Beach Part-Time Marine Safety Association; City negotiator is Shohreh Dupuis, City Manager.
Confer with Legal Counsel Regarding Existing Litigation (pursuant to Government Code section 54956.9(d)(1)) - three items: (1) semi-annual report of pending tort claims (McLain [Claim No. 22-32]; Chaney [Claim No. 22-31]; Hardin [Claim No. 22-30]; Forness [Claim No. 22-29]; Vanderlinde [Claim No. 22-28]; Fadel [Claim No. 22-27]; Guardarrama [Claim No. 22-26]; Niederberger [Claim No. 22- 25]; Magruder [Claim No. 22-23]; Amaya [Claim No. 22-22]; Ungureanu [Claim No. 22-21]; Cull [Claim No. 22-19]; Magill [Claim No. 22-18]; Guin [Claim No.. 22-17]; Williams [Claim No. 22-xx]; Solano HOA [Claim No. 22-04]; Dynamic Property Group [Claim No. 22-03]; Varela [Claim No. 22- 01]; Rose [Claim No. 21-23]; Yamamoto [Claim No. 21-18]; Johnson [Claim No. 21-16]; Ellman [Claim No. 21-xx]; Steinmetz [Claim No. 21-11]; Woodworth/Vale [Claim No. 21-08]; Menaldo [Claim No. 21-02]; Otto [Claim No. 20-27]; Saladino [Claim No. 20-21]; Romans [Claim No. 20-10]; Torres [Claim No. 20-08]; Gessell [Claim No. 20-05]; DeFranco [Claim No. 17-39]); (2) worker's compensation claims (Bynum [Claim No. 21-153964]; Jennie [Claim No. 17-129599]; Spratt [Claim No. 19-145290]; Wagner [Claim No. 20-152548]); and (3) semi-annual report of pending civil litigation (Dornin v. City of Laguna Beach [Orange County Superior Court Case No. 30-2021-01183025]; Friends of the Canyon v. City of Laguna Beach [Orange County Superior Court Case No. 30-2019-01097611]; Ghasemian v. City of Laguna Beach [Orange County Superior Court Case No. 30-2011-00527865]; Historic Architecture Alliance v. City of Laguna Beach [Orange County Superior Court Case No. 30-2021-01182450]; Laguna Beach Historic Preservation Coalition v. City of Laguna Beach [Orange County Superior Court Case No. 30-2021-01178477]; Laguna Beach Historic Preservation Coalition v. City of Laguna Beach [Orange County Superior Court Case No. 30-2021-01235816]; Save Laguna Beach Trees v. City of Laguna Beach [Orange County Superior Court Case No. 30-2021-01233074]). -1-
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City Attorney Phil Kohn reported that in this evening's Closed Session, the City Council received status reports on labor negotiations regarding the Laguna Beach Municipal Employees Association, Laguna Beach Management Group, Laguna Beach Police and Fire Management Association, Laguna Beach Police Employees Association, Laguna Beach Firefighters Association, Laguna Beach Marine Safety Association, and Laguna Beach Part-Time Marine Safety Association, and provided direction to pursue a possible side letter agreement with certain of the associations to be presented to the City Council at a future public meeting. The City Council also received the semi- annual status reports on existing litigation cases and open tort claims and a report on worker's compensation claims, and provided authority to proceed with settlement discussions for the Bynum, Jennie, Spratt, and Wagner worker's compensation claims.
PUBLIC COMMUNICATIONS
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Erin Slattery, newly-appointed President/CEO of the Chamber of Commerce, introduced Joelle Pedue, Events & Marketing Manager, who noted upcoming Chamber events.
Lisa Mansour, LOCA, invited everyone to register to attend LOCA's annual membership meeting champagne brunch on October 2 at 11:00 a.m. at the Sawdust, which will include a presentation by glass artist John Barber.
Dee Sheldon asked about off-season trolley service. She also asked about the financial impact to Laguna Beach if the local ballot initiatives pass.
Beth Leeds passed out peace hearts and expressed her concerns about crosswalk safety.
Anne Frank stated that she found no evidence that the Ocean Avenue cottages were recently sold, and suggested that the City consider using that property for affordable housing.
Jacek Lazuka, artist, expressed his concerns about the artist work/live property in the Canyon, asserting that there is no open and reviewable process for the consideration or selection of applicants.
Roxanne Moin-Safa requested accommodations for those with young children that use the on- demand shuttle service that will be discussed as agenda item #15, so that riders are not required to bring, install, and offload car seats.
COUNCIL AND STAFF REPORTS
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City Treasurer Laura Parisi reported that she accepted an invitation from the California Debt and Investment Advisory Commission to join the Advisory Committee for the 2023 Local Agency Investment Guidelines. She stated that the publication had a consensus recommendation on treasury oversight or investment advisory committees in cities that could be used to assist with the Council's decision on the committee creation that was on this Council docket. Parisi also reported that the final bond payment was made for Reassessment District 06-1 Cerritos, Dunning, Terrace Way, Mar Vista, Rim Rock Canyon, and a letter of congratulations was sent to 100 property owners. Parisi -2-
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also reported that she was establishing the working group to update the California Treasurers' Manual for the California Municipal Treasurers' Association.
City Clerk Ann Marie McKay provided a handout with a summary of Assembly Bill (AB) 2449 that the Governor signed last week, which temporarily amends the Brown Act to provide for some alternative teleconference procedures. The new amendments go into effect on January 1, 2023, and sunsets at the end of 2025. McKay also noted that today is National Voter Registration Day, and encouraged everyone to check their registration on ocvote.gov.
City Manager Shoreh Dupuis addressed Sheldon's concerns about the trolleys, noting that the City's trolley service is year-long.
Director of Community Development Marc Wiener advised that the new owners of the Ocean Avenue cottages have obtained permits to address the property maintenance issues.
Cultural Arts Manager Sin Poeschl addressed Lazuka's comments, explaining the process for applicants to be considered for the work/live units, with the added requirements for those interested in the affordable units.
Police Chief Jeff Calvert introduced new police canine, Rudy, with his handler, Corporal Thomas McGuire.
Chief Calvert provided an overview of the incident and response related to the incident in South Laguna with an elderly woman that was attacked by her nephew, who then barricaded himself in, necessitating the use of the newly established joint-use SWAT team.
Chief Calvert also summarized the recent beach visit by a deer that swam about two miles up the coast, ran along Coast Highway, and eventually was found in a backyard in Emerald Bay before being tranquilized and released back to the wild.
City Manager Shoreh Dupuis provided a summer recap of activities by all the City departments.
Gavin Curran introduced new Finance Manager, Shannon Espinoza.
City Manager Shoreh Dupuis reported that the City opened escrow on Thursday on the St.
Catherine property and has started the due diligence, anticipating removal of contingencies by Thanksgiving, and close of escrow by the end of the year.
City Attorney Phil Kohn advised that it is a misdemeanor to steal, deface, vandalize, or unlawfully remove a political sign, and prosecution can result in a fine up to $1,000 and/or a year in jail. Kohn encouraged anyone that has their signs tampered with to file a police report.
Councilmember George Weiss thanked City Engineer Mark Trestik and Laguna Beach County Water District GM Keith Van Der Maaten for their quick response in addressing concerns related to construction near Woodland and Canyon Acres. Councilmember Weiss also reported on Saturday's Coastal Cleanup Day at Main Beach. Councilmember Weiss also commented on last week's memorial service for Eleanor Henry, an artist that exhibited at the Sawdust for nearly 40 years and was a member of the Laguna Beach Beautification Council Board, who died at 99. -3-
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Councilmember Weiss also applauded the Music in the Park at Bluebird Park and Heisler Park.
Councilmember Toni Iseman read a disparaging email from a Councilmember regarding City Council candidate Mark Orgill.
Mayor Pro Tem Bob Whalen noted that the Caltrans Coast Highway repairs are in progress. Mayor Pro Tem Whalen reported that he attended the Visit Laguna Beach breakfast at The Ranch, which provided an update on how the hotels did during the summer, and it was announced that President & CEO of Visit Laguna Beach Ashley Johnson is leaving after serving for over 16 years.
Mayor Sue Kempf noted that an information gathering session for the promenade will be held on Thursday at 6:30 p.m. at the Laguna Beach Community & Susi Q Senior Center to gather community input. Mayor Kempf also advised that there will be a second public workshop on the Parking Master Plan on Tuesday, September 27, at 6:00 p.m. at the Laguna Beach Community & Susi Q Senior Center. Mayor Kempf also noted that Caltrans finished the repair work at Oak Street. She also commented on the Visit Laguna Beach breakfast.
CONSENT CALENDAR
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Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss and carried unanimously 3/0 to approve items 1-5, 7-9, and 12-13.
MINUTES OF THE CITY COUNCIL MEETING
Approved the Minutes of the Regular Meeting of the City Council of August 16, 2022.
WARRANT LISTING
Approved the General Warrants and payroll disbursements.
Warrants: $1,703,452.34 08/05/2022
$3,413,362.61 08/19/2022
$ 21,000.00 08/31/2022
$5,137,814.95
Payroll #3 $1,595,555.74 08/12/2022
Payroll #4 $1.468,039.74 08/26/2022
$3,063,595.48
Total $8.201.410.43
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CLAIMS AGAINST THE CITY
(1) Rejected claim #21-18 filed by United Services Automobile Association as subrogee of Teruo Yamamoto;
(2) Rejected claim #22-01 filed by Diane Varela;
(3) Rejected claim #22-21 filed by Adina Ungureanu;
(4) Rejected claim #22-22 filed by Romeo Steven Amaya;
(5) Rejected claim #22-29 filed by Geico Insurance as subrogee of Jody Forness; and (6) Rejected claim #22-30 filed by Shane Hardin.
CITY TREASURER'S MONTLY INVESTMENT REPORT FOR JUNE AND JULY 2022 Received and filed the Monthly Investment Report for June and July 2022.
5. VILLAGE ENTRANCE SPECIAL EVENT PERMITS
(1) Approved the request by the Laguna Beach Rotary Club to use Lots 11 and 12 at no cost; approved the use of 30 reserved parking spots in Lot 10, and 15 metered spaces on Forest Avenue at no cost; approved the use of amplified sound and portable toilets; and approved the installation of a temporary fence, sale of food and alcoholic beverages with the appropriate permits for a period of three years for the annual Classic Car Show; (2) Approved the use of Lot 10 for "Drive-In Movies" for local non-profits between Labor Day and Memorial Day at no cost for a period of three years; and (3) Approved the lease of Lots 10 and 11 for special event parking from Labor Day to Memorial Day, at the cost of $5 per parking space, for a period of three years.
ENHANCEMENT TO THE POLICE, FIRE. AND MARINE SAFETY OPERATIONS Councilmember George Weiss and Mayor Sue Kempf pulled this item for clarification.
Director of Administrative Services Gavin Curran described the funding sources for the enhancement to the Police, Fire, and Marine Safety operations.
City Manager Shoreh Dupuis discussed the need for the proposed positions in the Fire Department.
Fire Chief Niko King stated that he observed the necessity for additional positions, and he described. He presented the proposed organizational chart for the positions. -5-
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Police Chief Jeff Calvert described the proposed positions for the Police Department, and he presented the proposed organizational chart for the positions.
Marine Safety Chief Kevin Snow explained the proposed enhancements to Marine Safety operations.
Questions of Staff: Councilmember George Weiss voiced concerns about the increase of costs for the proposed Fire Department positions. Fire Chief Niko King responded stating that additional positions would add necessary consistency to the Fire Department, and a discussion ensued.
Public Testimony: Chris Catsimanes voiced his concerns that the residents that funded these proposed positions through property taxes were not given a voice in the process.
Matt Lawson, Emergency/Disaster Preparedness Committee (EDPC), commented that he fully supported staff's recommendation because of the lack of staff resources. He added that public safety is the City's number one priority.
Tom Gibbs, EDPC, said that he echoed Mr. Lawson's comments.
Julian Harvey, public safety expert, stated that he supported the recommended action.
Jacob Cherub commented that more scrutiny in a public forum was important to the process.
Councilmember Comments: Councilmember Peter Blake said he supported moving forward with the staff recommendation, and he trusted the key management team to ensure the safety of the public is a priority.
Councilmember George Weiss stated that he supported public safety; however, he said it was important to ensure that taxpayers' money is well spent. He said he questioned the level of analysis that had been conducted by staff.
Councilmember Toni Iseman said she supported the recommended action, and she appreciated Councilmember Weiss questioning the process.
Mayor Pro Tem Bob Whalen commented that he would be supporting the proposed safety operation . enhancements and he did not have any issue with Councilmember Weiss' questions. He added that there had been a need for the additional Fire Department positions for several years, and these vacancies had led to a number of inefficiencies in the Fire Department. Whalen stated that this was a wise expenditure of public funds.
Mayor Sue Kempf stated that the Council has a primary responsibility to ensure staff are fiscally responsible; however, she said it was important to hire the right people and allow them to run their operations. She stated that she supported the recommended action. -6-
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Moved by Councilmember Peter Blake, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to:
(1) Increase the Property Tax revenue estimate by $830,000 to reflect the increase in Assessed Valuation reported by the Orange County Assessor that is above the Fiscal Year 2022-23 budget estimate;
(2) Appropriate $648,000 to fund a Police Lieutenant position in the Police Department, a Deputy Fire Chief, and Senior Administrative Analyst position in the Fire Department, the purchase of two vehicles, and maintenance costs for two Marine Safety rescue vessels;
(3) Authorize the addition of three positions to the Fiscal Year 2022-23 adopted budget; (4) Authorize the City Manager to execute any agreements with the State of California for the acquisition of two surplus rescue vessels;
(5) Accept a donation from residents Steve Chadima and Mark Porterfield that helps offset the cost of the two Marine Safety rescue vessels over the next three years, increase the estimated revenue in the General Fund to reflect the donation, and authorize the Mayor to sign thank you letters to the donors; and
(6) Approve Resolution #22.073 titled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, SETTING PAY RANGES FOR CITY MANAGEMENT EMPLOYEES" adding the Deputy Fire Chief to the salary schedules.
SERVICE PROVIDER AGREEMENT FOR THE MAIN BEACH MANAGEMENT
PLAN'S OUTREACH AND ENGAGEMENT PROGRAM
Authorized the City Manager to execute service provider agreement #22-98 with Friendship Shelter, Inc. through June 30, 2023, for outreach services in the amount not-to- exceed $103,000.
8. RESPONSE TO ORANGE COUNTY GRAND JURY REPORT ON HOMELESSNESS IN
ORANGE COUNTY
Authorized the City Manager to submit the response attached to the agenda report to the Orange County Grand Jury Report on homelessness to the Presiding Judge of the Orange County Superior Court.
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GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON TO PLACE
UNDERGROUND ELECTRICAL EQUIPMENT IN THE LIBRARY PARKING LOT (APN 644-014-01)
Granted an easement to Southern California Edison for placement and maintenance of an underground vault in the library parking lot and authorize the City Manager to execute the easement on behalf of the City.
10. ESTABLISH A CIZENS AUDIT REVIEW AND INVESTMENT ADVISORY City Treasurer Laura Parisi suggested continuing the item, and she explained.
Director of Administrative Services Gavin Curran responded to the City Treasurer's comments and addressed her concerns.
Mayor Pro Tem Bob Whalen stated he would like to address the City Treasurer's issues this evening, and a lengthy discussion ensued
Public Testimony: John Thomas stated that he supported the formation of the committee and that it was important to garner input from residents that were experts in investments.
Matt Lawson said he agreed with Mr. Thomas' comments. He discussed the various areas of expertise that would be necessary for committee members to possess.
Councilmember Comments: Mayor Pro Tem Bob Whalen suggested changes of language in the resolution.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to establish the Citizens' Audit Review and Investment Advisory Committee to add the responsibilities of an investment advisory committee to the duties of the Citizens' Audit Review Committee by adopting Resolution #22.074 titled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH,
CALIFORNIA, ADDING THE RESPONSIBILITIES OF AN INVESTMENT ADVISORY
COMMITTEE TO THE DUTIES OF THE CITIZENS' AUDIT COMMITTEE AND
ESTABLISHING A CITIZENS' AUDIT REVIEW AND INVESTMENT ADVISORY COMMITTEE," as revised by the Council.
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11. AMENDMENT TO SERVICE PROVIDER AGREEMENT FOR SOLID WASTE
CONSULTING SERVICES
Councilmember George Weiss pulled this item for further explanation of the service provider agreement.
Director of Public Works Mark McAvoy responded to Councilmember Weiss describing the contract amendment with EcoNomics, the consultant guiding the City through the process of procuring the city's next solid waste franchise.
Councilmember George Weiss commented that he was concerned about the increased cost of solid waste treatment services. Director of Public Works Mark McAvoy commented that staff are conscientious of the rising costs of solid waste management, and it would be a competitive procurement.
Moved by Councilmember George Weiss, seconded by Mayor Pro Tem Bob Whalen, and carried unanimously 5/0 to authorize the City Manager to amend Agreement No. 21-97 with EcoNomics, Inc, in the amount of $71,600 for Solid Waste Consulting Services to assist the City with the procurement process for a new solid waste franchise agreement for a total cost of $221,600.
12. ADOPT A RESOLUTION APPROVING A JOINT EXERCISE OF POWERS
AGREEMENT FORMNG THE LAGUNA BEACH FINANCING AUTHORITY TO PARTIALLY FUND THE ACQUISITION OF 30516 COAST HIGHWAY
(1) Adopted Resolution #22.075 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING, AUTHORIZING
AND DIRECTING THE EXECUTION OF A JOINT EXERCISE OF POWERS
AGREEMENT BY AND BETWEEN THE CITY OF LAGUNA BEACH AND THE
CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO FORM THE LAGUNA BEACH FINANCING AUTHORITY," with the non-substantive revision provided by staff; and
(2) Authorized the City Manager or the Director of Administrative Services, to make changes to the form of Joint Exercise of Power Agreement, if necessary.
13. FINDINGS FOR VIRTUAL MEETINGS OF CITY COUNCIL AND CITY COMMISIONS. COMMITTEES, BOARDS AND OTHER BODIES
Adopted Resolution #22.076 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."
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REGULAR ORDER
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14. FIRST READING OF AN ORDINANCE AMENDING THE LAGUNA BEACH
MUNICIPAL CODE TO ENACT NEW REGULATIONS FOR USE OF CITY PARKS
AND BEACHES
Staff Report: Deputy Director of Public Works Michael Litschi gave a presentation discussing the proposed modifications to the use of City parks and beaches ordinance.
Questions of Staff: Mayor Pro Tem Bob Whalen asked about the proposed ordinance amendment to the dog parks. Deputy Director of Public Works Michael Litschi summarized thraight veniors o thil dons in laguna lei also discussed the regulation of operation of Mayor Pro Tem Bob Whalen confirmed with staff that the regulation at Riddle Field was to prohibit the hitting of baseballs by persons over the age of 14 because of the proximity to homes and the size of the field, clarifying that adult softball will not be impacted.
Deputy Director of Public Works Michael Litschi continued with the presentation.
Moved by Councilmember George Weiss, seconded by Mayor Pro Tem Bob Whalen, and carried unanimously 5/0 to introduce Ordinance #1676 adding to Title 18 Beach and Parks of the City of Laguna Beach Municipal Code pertaining to Sections 18.04.018 Business on City Property; 18.04.120 Golf Prohibited; 18.04.130 Operation of Ultralight Vehicles and Balloons; 18.28.016 Use of Dog Parks with proposed modifications; 18.28.018 Baseball at Riddle Field; 18.28.025 Organized Play; and 18.28.110 Penalty, with the revisions to Section
18.28.016(B) and (G) as noted by staff, by: 1) asking the City Clerk to read the title of the Ordinance; and 2) approving a motion to waive further reading of the Ordinance and passing it to a second reading at the October 4, 2022, City Council meeting.
15. LAGUNA LOCAL ON-DEMAND UPDATE AND PROPOSED SERVICE PLAN Staff Report: Deputy Director of Public Works Michael Litschi gave a presentation that reviewed the performance of the Laguna Local on-demand transit program, as well as options for the continuance of the program and the possible expansion of the program.
Questions of Staff: Mayor Pro Tem Bob Whalen confirmed that staff continues to pursue additional transit grant funding opportunities.
City Manager Shoreh Dupuis confirmed with the City Council that they would support expanding the on-demand transit service for First Thursdays Art Walk.
Public Testimony: John Thomas stated that he supported the extension of the program. -10-
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Councilmember Comments: Mayor Pro Tem Bob Whalen supported the service, and expanding it to Sundays and the first Thursday of every month for Art Walk.
Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to:
(1) Receive and file a report on the performance of the Laguna Local on-demand transit pilot program;
(2) Direct staff to expand the Laguna Local program to serve additional residential areas in north and south Laguna Beach and begin offering the service on Sundays and for First Thursdays Art Walk as well; and
(3) Appropriate $400,000 in the Transit Fund to implement the Laguna Local service expansion and increase the transfer from the Parking Fund to the Transit Fund by the same amount.
16. CONSIDERATION OF CITY ASSUMPTION OF MARINE SAFETY OPERATIONS.
COASTAL PROPERTY OWNERSHIP, AND MAINTENANCE RESPONSIBILITIES
FOR SOUTH LAGUNA BEACHES
Staff Report: Assistant City Manager Ken Domer gave a presentation discussing the City's proposed overship ont phe Costy beaches in hate sergina in order to improve and to Questions of Staff: Councilmember Toni Iseman confirmed with staff that the City would not be responsible for the maintenance of the outfall pipeline that extends 1.5 miles out into the ocean.
City Manager Shoreh Dupuis stated that, to date, the agreement had not been approved by the County Board of Supervisors. She described the next steps in the process.
Mayor Sue Kempf asked about the revenue cost assumptions. Assistant City Manager Ken Domer broke out the revenues, stating that most of the monies would be generated through parking fees.
Mayor Sue Kempf asked about the timing of the City assuming the ownership. Assistant City Manager Ken Domer responded that Marine Safety could begin running operations July 1; however, he said it would depend upon the negotiations between the City and the County.
Mayor Sue Kempf confirmed with staff that all revenue generated from the South Laguna beaches would be placed in a fund specifically earmarked for the South Laguna beaches.
Mayor Sue Kempf asked how many parking spaces could be created in the Aliso Beach parking lot by re-striping. Director of Public Works Mark McAvoy answered that parking could be increased by approximately five percent with re-striping. -11-
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Councilmember Toni Iseman commented that the renovation of the beachside parking lot at Aliso Beach should be a priority.
City Manager Shoreh Dupuis explained that the City would require an amendment to its parking rate Coastal Development Permit (CDP) before changing the rate structure of the South Laguna parking lots.
Mayor Sue Kempf confirmed with the City Manager that the City Council could make the determination to allow the residents' shoppers permits to be allowed in those parking lots.
Councilmember George Weiss confirmed with Domer that the goal of the lump sum payment from the County for $22 million was based on general assumptions for a 20-year timeline for startup, operational, and capital costs, and a discussion ensued.
Public Testimony: Ed Almanza, Laguna Ocean Foundation, stated that the Laguna Beach lifeguards would benefit the South Laguna beaches, including better public safety, marine life protection, and local stewardship. He said he applauded the proposed plan of City- owned beaches in South Laguna and the continued plan to renovate the Aliso Estuary.
Mike Beanan, Laguna Bluebelt Coalition, commented that they supported City-owned beaches in South Laguna, and he listed the Coalition's desires for the local beaches.
John Thomas thanked Mayor Pro Tem Bob Whalen for his vision and Assistant City Manager Ken Domer to see this action through to its completion. He offered his suggestions.
Councilmember Comments: Councilmember George Weiss confirmed with staff that the hours that the beaches are open would remain the same that the County had utilized; however, he said the lifeguard operations would match with the City's lifeguard hours.
Mayor Pro Tem Bob Whalen thanked staff for their input and moving this item to completion.
He stated that City ownership of the South Laguna beaches would be a great benefit to the community. Whalen also thanked Supervisor Lisa Bartlett for her support.
Councilmember Toni Iseman thanked those involved.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Toni Iseman, and carried unanimously 5/0 to direct staff to proceed with developing an agreement with the County of Orange by November 15, 2022, to assume ownership of all County beach properties in Laguna Beach including Aliso Beach parking and concessions, capital improvements and maintenance responsibility of beach accesses, and all Marine Safety operations.
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17. ACQUISITION OF 31796 SOUTH COAST HIGHWAY FOR USE AS A FUTURE FIRE STATION NO. 4 AND RELATED PUBLIC USE FACILITY
Staff Report: Assistant City Manager Ken Domer gave a presentation discussing the proposed acquisition of 31796 Coast Highway for use as a future fire station.
Public Testimony: Bill Niccum, Sonny Myers, Tom Gibbs, Matt Lawson, Emergency/Disaster Preparedness Committee (EDPC), stated that they strongly supported the purchase of the property to replace the current outdated and unsafe Fire Station No. 4 in South Laguna.
John Thomas said that this property included the necessary requirements to house a fire station and he explained. He stated he supports the purchase of the property for a proposed fire station at this location. •
Rex Theobald commented that he strongly urged the acquisition of 31796 Coast Highway for the use as a future fire station.
Ann Christoph said she agreed with the previous speakers, and she supported the purchase of the property for a fire station.
Councilmember Comments: Councilmember George Weiss confirmed with staff that the goal was to build a fire station as soon as possible and there would be negotiations with the current lessee.
Mayor Pro Tem Bob Whalen thanked those individuals involved in the negotiations for this property, and stated that he supports the recommended action.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Approve the purchase of 31796 S. Coast Highway (APNs: 056-105-04; -07; and -35) for a purchase price of $6, 100,000 plus related closing fees, subject to contingencies set forth is recommendation #2;
(2) Authorize the City Manager to execute all applicable documents to include, but not limited to, continued due diligence and environmental determination; (3) Direct the City Manager, upon assumption of the current lease with the building tenant, to negotiate a termination date to align with completion of design and entitlement process; and
(4) Appropriate $1.3 million of the remaining America Rescue Plan Act funding and temporarily borrow $1 million from the Vehicle Replacement Fund for this purchase.
The Vehicle Replacement Fund will be repaid once the property located at 31729 Coast Highway is sold
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18. ZONING ORDINANCE AMENDMENT 20-6662 AND LOCAL COASTAL PROGRAM AMENDMENT 20-6663 AMENDING LAGUNA BEACH MUNICIPAL CODE
CHAPTER 25.05 (ADMINISTRATION) RELATING TO STREAMLINING OF THE
DESIGN REVIEW PROCESS, AND AMENDING LAGUNA BEACH MUNICIPAL CODE SECTIONS 25.50.008 (PERMITTED PROJECTIONS INTO REQUIRED SETBACKS), 25.50.012 (FENCES, WALLS, HEDGES, LATTICEWORK AND SCREENS AND PORTIONS OF SECTIONS 25.05.040(B)1, 25.05.040(B)(2) AND
25.15.004(A)(7) RELATING TO FUEL MODIFICATION PROGRAMS AND FIRE
SAFETY AS MODIFIED AND APPROVED BY THE CALIFORNIA COASTAL
COMMISSION
City Attorney Phil Kohn clarified that tonight's hearing would be confined only to those modifications that had been suggested by the California Coastal Commission and their review of the Local Coastal Program (LP) amendment.
Staff Report: Director of Community Development Marc Wiener gave a presentation discussing the California Coastal Commission's suggested modifications to the zoning ordinances relating to streamlining of the design review process and concerning fuel modification programs and fire safety.
Public Testimony: Bill Niccum, Sonny Myers, Matt Lawson, and Tom Gibbs, Emergency/Disaster Preparedness Committee (EDPC), stated that they support the streamlining of the permitting process pertaining to home fire safety measures.
Anne Caenn, president of Village Laguna, said they support the suggestions by the Coastal Commission. She voiced concerns with staff-review levels of approval for projects that could impact neighboring residents.
Catherine Jurca, Laguna Beach Historic Preservation Coalition, stated that they supported the Coastal Commission's rejection and the City Council's revision to the standards for calculating gross floor area ratio for new additions, and she suggested public notification of streamline projects.
Ruben Flores voiced concerns of transparency. He stated that this ordinance required further review by the Heritage Committee.
Councilmember George Weiss asked about the Director of Community Development's ability to waive the required review by the Design Review Board. Director of Community Development Marc Wiener clarified that if a project is listed as exempt, the Director could refer it to design review.
Councilmember Comments: Councilmember Peter Blake thanked staff for making a move for property rights for residents with these streamlining amendments. He added that these changes had been thoroughly vetted by staff and the Coastal Commission. - 14-
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Councilmember Toni Iseman voiced concerns about no public noticing and over-the-counter approvals of the design review exempt projects.
Director of Community Development Marc Wiener responded to Councilmember Iseman stating that the items listed under the streamlining ordinance were objective and clearly defined. He said staff would be properly trained to make professional decisions.
Mayor Pro Tem Bob Whalen commented that the changes from the Coastal Commission were minor, and he supported the amendments.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Peter Blake, and carried 3/2 to:
(1) Introduce Ordinance #1677 that accepts the Coastal Commission's suggested modifications amending the City's Municipal Code and the City's Local Coastal Program related to streamlining, as described in the Agenda Report, by: a) asking the City Clerk to read the title of the Ordinance, and b) approving a motion to waive further reading of the Ordinance and pass it to a second reading; and (2) Adopt Resolution #22.077 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING LOCAL COASTAL PROGRAM AMENDMENT 20-6663 AMENDING LAGUNA BEACH MUNICIPAL CODE CHAPTER 25.05 (ADMINISTRATION) RELATING TO STREAMLINING OF THE DESIGN REVIEW PROCESS AND AMENDING SECTIONS 25.50.008 (PERMITTED PROJECTIONS INTO REQUIRED SETBACKS) AND 25.50.012 (FENCES, WALLS, HEDGES, LATTICEWORK AND SCREENS) AS MODIFIED AND APPROVED BY THE CALIFORNIA COASTAL COMMISSION."
Roll Call:
Ayes: Blake, Whalen, Kempf
Noes: Iseman, Weiss
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Peter Blake, and carried unanimously 5/0 to:
(1) Introduce Ordinance #1678 that accepts the Coastal Commission's suggested modifications amending the City's Municipal Code and the City's Local Coastal Program related to fuel modification programs, as described in the Agenda Report by: a) asking the City Clerk to read the title of the Ordinance, and b) approving a motion to waive further reading of the Ordinance and pass it to a second reading; and (2) Adopt Resolution #22.078 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING LOCAL COASTAL PROGRAM AMENDMENT 20-6663 TO AMEND PORTIONS OF CHAPTERS 25.05 (ADMINISTRATION) AND 25.15 (R/HP RESIDENTIAL/HILLSIDE PROTECTION
ZONE) OF THE LAGUNA BEACH MUNICIPAL CODE, AS MODIFIED AND APPROVED BY THE CALIFORNIA COASTAL COMMISSION."
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Laguna Beach City Council Minutes September 20, 2022
19. ZONING ORDINANCE AMENDMENT 20-7713 AND LOCAL COASTAL PROGRAM AMENDMENT 20-7714 AMENDING LAGUNA BEACH MUNICIPAL CODE
CHAPTERS 11.06, 25.07, AND 25.55 REGARDING THE REGULATION OF WIRELESS
TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY AS
MODIFIED BY THE CALIFORNIA COASTAL COMMISSION
City Attorney Phil Kohn clarified that this item was restricted to the scope of the modifications recommended by the California Coastal Commission and not the original regulations adopted by the city.
Staff Report: Director of Community Development Marc Wiener gave a brief presentation discussing the two California Coastal Commission modifications of the zoning ordinance as it pertained to the regulation of wireless telecommunications facilities within the public rights-of-way.
Public Testimony: Tim Templeton and Matt Lawson, Emergency/Disaster Preparedness Committee (EDPC), said they support the proposed zoning ordinance as amended by the California Coastal Commission for public safety purposes.
Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to:
(1) Introduce Ordinance #1679 that accepts the Coastal Commission's suggested modifications amending the City's Municipal Code and the City's Local Coastal Program as described in the Agenda Report by: a) asking the City Clerk to read the title of the Ordinance, and b) approving a motion to waive further reading of the Ordinance and pass it to a second reading; and
(2) Adopt Resolution #22.079 titled, "A RESOLUTION OF THE CITY COUNCIL OF
LAGUNA BEACH, CALIFORNIA, ACKNOWLEDGING RECEIPT OF THE
CALIFORNIA COASTAL COMMISSION'S CERTIFICATION; ACCEPTING AND AGREEING TO THE SUGGESTED MODIFICATIONS; ADOPTING LOCAL COASTAL PROGRAM AMENDMENT 20-7714 REGARDING THE REGULATION
OF WIRELESS TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY AND AMENDMENTS TO CHAPTERS 11.06, 25.07, AND 25.55
OF THE LAGUNA BEACH MUNICIPAL CODE, AND REQUESTING ITS
CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION, AND
AGREEING TO IMPLEMENT THE LOCAL COASTAL PLAN IN A MANNER FULLY CONSISTENT WITH THE CALIFORNIA COASTAL ACT."
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Laguna Beach City Council Minutes September 20, 2022
ADJOURNMENT
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There being no further business, Mayor Kempf at 10:00 p.m., Tuesday, September 20, 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, October 4, 2022, at City Hall, 505 Forest Avenue, Laguna Beach California.
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Approved: October 4, 2022 Stur
Sue Kempf, Mayor
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NOTICE OF ADJOURNMENT OF CITY COUNCIL MEETING
(GOVERNMENT CODE SECTION 54995
EXCERPT OF THE MINUTES OF THE
HYBRID VIRTUAL/IN-PERSON REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH
September 20, 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, September 20, 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 9:58 p.m., Tuesday, September 20, 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, October 4, 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 21" day of September 2022.
Cuilk.
NCORPORATE I
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, September 20, 2022, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on September 21, 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.
City Clerk of the City of Laguna Beach, California