Laguna Beach City Council Minutes October 4, 2022
MINUTES
LAGUNA BEACH CITY COUNCIL
REGULAR HYBRID VIRTUAL/IN-PERSON MEETING
October 4, 2022
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, October 4, 2022, in the City Hall, 505 Forest Avenue, Laguna Beach, California, Mayor Kempf presiding.
ROLL CALL
PRESENT: COUNCILMEMBERS: Blake, Iseman, Weiss, Whalen, Kempf PARTICIPATING REMOTELY: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Mayor Pro Tem Bob Whalen led the Pledge of Allegiance.
CLOSED SESSION
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Conference with Labor Negotiators (pursuant to Government Code section 54957.6): Review the parties' positions and give direction to its negotiator with regard to the Laguna Beach Police Employees Association; City negotiator is Shohreh Dupuis, City Manager.
City Attorney Phil Kohn reported that in this evening's Closed Session, the City Council received a status report on labor negotiations with the Laguna Beach Police Employees Association.
EXTRAORDINARY BUSINESS
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PROCLAMATION RECOGNIZING LAGUNA BEACH LITTLE LEAGUE ALL-STAR TEAM
Approved the Proclamation recognizing Laguna Beach Little League Intermediate All-Star Team on their accomplishments of becoming the District 55 Champions, Section 10 Champions, SoCal State Champions, and Western Regional Finalists.
2. RECOGNITION OF CITY EMPLOYEES FOR MILESTONE YEARS OF SERVICE Received and filed the report recognizing the following City employees with milestone years of service: John Hand, Susan Wilson, Cassie Walder, Moises Gonzalez, Cesar Quinonez, Bradley Schlichting, David Bartels, Tyler Craig, Elena Balidio, and Carlos Partida for one year, Jeremiah Kennedy, Wade Kraus, Ryan Radel, Ashley Krotine, Christian Osuna-Carreon, and Brian Nguyen for five years, Dennis Bogle, Christopher Ornelas, Joy Butterfield, and Jorge Gonzalez Arteaga for 10 years, and Tomas Sanchez for 20 years.
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Laguna Beach City Council Minutes October 4, 2022
PUBLIC COMMUNICATIONS
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Tom Gibbs, EDPC (Emergency and Disaster Preparedness Committee) member, responded to the email sent out with Councilmember George Weiss' recap of the September 20, 2022, City Council meeting, specifically regarding item #6, clarifying that the EDPC took no position on the item and the committee members that spoke were speaking as individuals.
Mike Morris commented that the Citizens for Laguna's Future PAC opposing Measure Q is not in compliance with FPPC (California Fair Political Practices Commission) reporting requirements.
Tony Fisch encouraged everyone to vote in November, and consider the new candidates running for the open Council seats.
Anne Caenn and Johanna Felder, Village Laguna, disagreed with the promenade project process, stating that broad issues and alternatives are not being accepted. They requested that a range of options be considered.
Luis Araujo thanked the Council for recognizing first responders, and specifically, his brother Moises.
Trish Sweeney commented on political leaders appearing in political ads. She also asked about plans for Hotel Laguna.
Gene Felder questioned the City Attorney's impartial analysis on Measure Q, specifically, his interpretation of "electorate." Felder also asked if the County removed all the trees in front of the Sawdust Festival during the current flood control channel project.
Jerome Pudwill applauded the award of the traffic safety grant to address DUIs, and the City's plan to purchase new mobile computers for Marine Safety. He also commented positively on the recent Parking Management Plan listening session. Pudwill expressed disappointment in the promenade workshop, noting that the Councilmembers that pushed for the promenade did not attend.
Ruben Flores agreed with other speakers that the promenade workshop did not go well, opining that better management of meetings is needed to ensure public participation matters. Flores also noted that the lights are still on the downtown trees, and are beginning to girdle them. He also commented on the poor aesthetics of the chain link construction fence with the blue covering in front of the theater at Main Beach.
Christy Miller noted that the entrance from Diamond Street onto Coast Highway has been fixed so vehicles no longer bottom out. Miller commented that despite the tragic death of Stan Isaacs, the lights at the Pearl Street crosswalk are still intermittently not working, and addressing pedestrian safety on Glenneyre is still not on the Council's agenda. -2-
Laguna Beach City Council Minutes October 4, 2022
COUNCIL AND STAFF REPORTS
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City Treasurer Laura Parisi reported that she participated in the Local Agency Investment Fund webinar, which noted that it is a stable value fund. Parisi also advised that she met informally with the two members of the Citizens' Audit Review and Investment Advisory Committee, and she would like to have an official committee meeting in late November.
City Clerk Ann Marie McKay responded to Morris' comments regarding the Citizens for Laguna's Future PAC's failure to submit the California Fair Political Practices Commission (FPPC)-required Form 460 (Recipient Committee Campaign Statement), advising that the committee submitted the required form today, after the she clarified for the committee's treasurer over the weekend that the form is required and overdue. McKay also advised that this is National Voter Education Week, and noted that all registered voters should have received their voter information guide from the Orange County Registrar of Voters, commenting that there are three Laguna Beach ballot measures on the ballot, along with three of the five City Council seats. She again encouraged everyone to check their registration on ocvote gov/verify, and to review the voter information guide to make informed decisions when they vote.
Regarding public comments related to the promenade workshop, City Manager Shoreh Dupuis explained that the program plan was approved in June by Council, and the purpose of the workshop was to gain public input on the for the consultant to use in the preparation of the two conceptual plans to be considered for the permanent Promenade, not to debate the merits of the promenade.
Regarding Hotel Laguna, City Manager Shoreh Dupuis advised that the room renovations were approved by building permit, and the plans can be reviewed over the counter.
Regarding the trees at the flood control channel project site, Director of Public Works Mark McAvoy stated that the County agreed to preserve three trees at the north end, and try to save one tree at the south end; seven mature trees were removed.
Regarding the crosswalks at Oak Street and Jasmine Street, Director of Public Works Mark McAvoy advised that the County was unable to repair the inground flashers under the emergency contract, but the push button lights were repaired. City Manager Shoreh Dupuis directed Director of Public Works Mark McAvoy to check with Caltrans regarding the Pearl Street crosswalk.
Director of Community Development Marc Wiener showed a video demonstrating the department's new queueing system, Q-Flow. Wiener advised that the department is working to improve operations with Code improvements, staffing improvements, and technology.
Councilmember George Weiss stated that he respects the service of EDPC (Emergency and Disaster Preparedness Committee) members, and clarified his comments in his recap. Weiss also addressed what he described as misinformation about Measure Q -3-
Laguna Beach City Council Minutes October 4, 2022
City Manager Shoreh Dupuis responded to Councilmember George Weiss' question regarding StuMollrich, stating that she had previously responded to his questions with three emails. She explained that the consultant attended meetings, provided input to staff, reviewed early drafts of the code amendment ordinance, and provided guidance to ensure the proposed ordinance was in compliance with election laws and regulations. Dupuis stated that StuMollrich's services were used for three months, and the contract was terminated after the Council voted to adopt the ordinance. She explained that the statement of work did not require written documentation.
Director of Community Development Marc Wiener clarified lot merger and lot line adjustment processes and requirements, which cannot be approved by staff over the counter, as stated by Councilmember George Weiss. Wiener advised that the property being purchased with the intent to be the future site on the new fire station is in the SLV zone, which prohibits reduction of lot sizes; therefore, a lot line adjustment would not be permitted, and instead, a lot merger would be required.
City Attorney Phil Kohn declined to respond to Councilmember Toni Iseman's question regarding his assessment in the voter guide on Measure Q and the definition of electorate.
Regarding CEQA (California Environmental Quality Act) training, Director of Community Development Marc Wiener advised Councilmember Toni Iseman that a training was provided to staff, and he will provide her the name of the company that provided the training.
Regarding Hotel Laguna, Director of Community Development Marc Wiener explained to Councilmember Toni Iseman that exterior work requires California Coastal Commission approval; therefore, the applicant has proceeded with obtaining the necessary City permits and approvals for interior work. Wiener advised that the applicant has hired a historian to assist with exterior plans.
Regarding the beach club, Wiener responded to Councilmember Toni Iseman that the applicant was advised that they cannot section off the area for the guests to have exclusive use.
Councilmember Toni Iseman commented that while she attended the recent volleyball tournament at Main Beach, she noticed the plaques on the benches and the peeling paint, and she also commented on the state of the utility boxes, agreeing with Flores that the City needs to address the aesthetics of the town.
Regarding the promenade workshop, Councilmember Toni Iseman agreed with the public comments and stated that her question regarding tsunami risk was ignored.
Councilmember Toni Iseman commented about interactions between her and the City Manager.
Councilmember Peter Blake asserted that the promenade workshop was hijacked by activists. He also showed a political flyer mailed out by Village Laguna accusing the Council of Brown Act violations, and he asserted the allegations were false. Councilmember Blake also noted the hypocrisy of criticizing the Mayor and Mayor Pro Tem for appearing in "vote no on Measure Q" ads while supporting Councilmember George Weiss' activities in support of Measure Q. -4-
Laguna Beach City Council Minutes October 4, 2022
Mayor Pro Tem Bob Whalen reported that the City has passed the first phase for the $50 million grant they applied for undergrounding along Laguna Canyon Road.
Mayor Sue Kempf commented that the City Manager and her staff successfully worked with SCE (Southern California Edison) to obtain the documentation necessary for the FEMA grant. Mayor Kempf thanked the Laguna Beach Rotary Club for the great car show they hosted on Sunday.
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 1-4, 8-11, and 15-16.
MINUTES OF THE CITY COUNCIL MEETING
Approved the Minutes of the Regular Meeting of the City Council of September 20, 2022.
WARRANT LISTING
Approved the General Warrants and payroll disbursements.
Warrants: $2,151,430.85 09/02/2022
$ 200,000.00 09/06/2022
$2,016.864.48 09/16/2022
$4,368,295.33
Payroll #27 $1,666,529.03 07/01/2022
Payroll #5 $1.476.099.86 09/09/2022
$3,142,628.89
Total $7.510.924.22
AMENDMENT TO SERVICE PROVIDER AGREEMENT FOR DOWNTOWN DAY
PORTER SERVICES
Public Testimony: John Thomas voiced concerns about the cost of operating the Promenade on Forest and he explained. He stated that there needed to be additional cost benefit discussions as it pertained to the Promenade.
City Manager Shoreh Dupuis clarified the amendment to the agreement and the impact to the Promenade.
Councilmember Toni Iseman asked for a description of a day porter's responsibilities and Dupuis explained.
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Laguna Beach City Council Minutes October 4, 2022
Deputy Director of Public Works Reza Jafari described the contract in detail and a discussion ensued.
Ann Christoph stated there was a need for additional sidewalk maintenance in South Laguna.
Jacob Cherub voiced concerns about the Promenade and that he did not believe the process to make it permanent was not being done correctly.
Ruben Flores suggested utilizing the funds for other areas in Laguna Beach that required cleaning rather than the downtown and he described.
Questions of Staff: Councilmember George Weiss said that he agreed with Mr. Thomas' comment to separate the janitorial services in the downtown area and a discussion ensued.
Councilmember Toni Iseman discussed the need for staff to follow up on the cleanliness of the sidewalks in South Laguna.
Councilmember Comments: Mayor Pro Tem Bob Whalen stated that he agreed that maintenance costs should be properly allocated; however, he said there was a cost benefit to the city to maintain a beautiful Promenade downtown.
Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to consolidate the Promenade on Forest's Fiscal Year 2022-23 janitorial services budget of $150,000 into the Downtown janitorial services budget by authorizing the City Manager to amend agreement #20-121 with Spectrum Facility Maintenance, for a total annual cost not-to-exceed $524,628.
AWARD OF TASK ORDER FOR PRELIMINARY DESIGN OF CLEO STREET
BEACH ACCESS IMPROVEMENTS
Councilmember George Weiss pulled this item to ask if the concrete at the beach access could be designed to blend with the landscape. City Manager Shoreh Dupuis advised that his comment would be considered as the design of the Cleo Street Beach Access was developed and she explained the design process.
Moved by Councilmember George Weiss, seconded by Mayor Pro Tem Bob Whalen, and carried unanimously 5/0 to:
(1) Authorize the City Manager to award a Task Order to Stantec, in the amount of $160,786, for preliminary design of Cleo Street Beach Access Improvements; and (2) Authorize the City Manager to approve change orders for additional design related services that may be required in an amount not-to-exceed $16,000. -6-
Laguna Beach City Council Minutes October 4, 2022
AWARD OF CONTRACT FOR RIDDLE FIELD PLAYGROUND REPLACEMENT Staff Report: City Manager Shoreh Dupuis stated that this was not a design review at this point and the motion was to solely award the contract for design for the Riddle Field playground replacement. She described the design review process.
Public Testimony: Ruben Flores commented that the design of the playground was not cutting edge or organic.
Ann Christoph stated that the design of the playground was ordinary, and she asked that the design be more fitting for an art community such as Laguna Beach.
Questions of Staff: Councilmember George Weiss asked about the proposed snack stand and its purpose.
Mayor Pro Tem Bob Whalen asked about the proposed designs of the playground.
Director of Public Works Mark McAvoy described the design review process and the rationale for the designs. He stated that the bidding process for the playground project had been competitive.
City Manager Shoreh explained that staff had received feedback from the community that they did not want the playground to standout and wanted to respect the history of Riddle Field and the Little League.
Director of Public Works Mark McAvoy responded to Councilmember Weiss' question explaining the design and purpose for the snack stand. He presented the different design approaches for the playground.
Councilmember Comments: Councilmember Toni Iseman made a suggestion for the snack stand to instead display prices as they were when Riddle Field was created.
Mayor Pro Tem Bob Whalen stated that the project design had gone through a rigorous process and he was comfortable with the Recreation Committee's recommendation.
Councilmember George Weiss confirmed with staff that the playground would accommodate children ages from 2 through 12.
Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to:
(1) Award and authorize the City Manager to execute contract #22-102 with Innovative Playgrounds Company, Inc. in the amount not-to-exceed $249,872, for furnishing and installing Riddle Field Playground Replacement; and
(2) Authorize the City Manager to approve project-related expenses and contingency for unforeseen circumstances for an amount not to exceed $25,000. -7-
Laguna Beach City Council Minutes October 4, 2022
ACCEPTANCE OF GRANT FROM OFFICE OF TRAFFIC SAFETY
(1) Authorized the City Manager to accept a $110,000 grant from the Office of Traffic Safety Grant; and
(2) Appropriated $110,000 with a matching increase in estimated grant revenue to fund Dutie salariend he nase en an and nes react not sing
Enforcement, and DUI Sobriety Checkpoint.
SERVICE PROVIDER AGREEMENT FOR REDUNDANT FIBER INTERNET
SERVICES TO CITY HALL
Authorized the City Manager to execute service provider agreement #22-103 with Crown Castle Fiber, LLC, for a period of five years to provide redundant fiber internet services to City Hall at a cost of $18,000 annually.
10. PURCHASE OF MOBILE DATA COMPUTERS FOR THE FIRE DEPARTMENT AND
MOBILE DATA TABLETS FOR THE MARINE SAFETY DEPARTMENT
Authorized the City Manager to purchase 15 Getac A140 ruggedized vehicle-mounted Mobile Data Computers for the Fire Department, and 39 ruggedized tablets for the Marine Safety Department from Code 3 Technologies in an amount not-to-exceed $242,000.
11. AGREEMENT FOR TROLLEY SERVICES DURING THE SAWDUST ART
FESTIVAL'S WINTER FANTASY SHOW
(1) Authorized the City Manager to execute agreement #22-104 with the Sawdust Art Festival in the amount of $6,000 to provide half the cost of trolley service from Lot 16 during the Sawdust Art Festival's 2022 Winter Fantasy event; (2) Directed staff to operate trolley service from a free peripheral parking lot in Irvine to the Sawdust Winter Fantasy event on weekends from November 19 through December 18, 2022, as a pilot program; and
(3) Appropriated $30,000 in the Transit Fund to implement the pilot program and increase the transfer from the Parking Fund to the Transit Fund by the same amount. -8-
Laguna Beach City Council Minutes October 4, 2022
12. AMENDMENT TO SERVICE PROVIDER AGREEMENT FOR BUILDING SERVICES Councilmember Toni Iseman pulled this item to garner more information.
City Manager Shoreh Dupuis responded to Councilmember Iseman stating that the agreement was being extended and she explained the reasons for the need for their services.
Councilmember Toni Iseman confirmed with the City Manager that the proposed positions were currently in the recruitment phase of the hiring process and would take several more months to fill.
City Manager Shoreh Dupuis added that there would be adequate office space in City Hall to accommodate the new positions.
Director of Marc Wiener described the proposed positions and how the new employees would be absorbed into City Hall. He stated that the goal was to bring those building services that were currently out-sourced, in-house to provide better service.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to authorize the City Manager to amend Agreement #22-49 with CSG Consultants, Inc., and Agreement #22-57 with JAS Pacific, to provide additional building services in the amount of $200,000 through January 31, 2023.
13. ADOPTION OF ORDINANCE NO. 1676 AMENDING THE LAGUNA BEACH
MUNICIPAL CODE TO ENACT NEW REGULATIONS FOR USE OF CITY PARKS
AND BEACHES
Councilmember George Weiss pulled this item because residents had voiced concerns about enforcing city regulations for unauthorized instructors at the parks and beaches.
Deputy Director of Public Works Michael Litschi responded that this ordinance would give city staff the ability to enforce regulations for unpermitted instructors through fines or follow up with code enforcement.
Moved by Councilmember George Weiss, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to adopt Ordinance #1676 titled, "AN ORDINANCE OF THE CITY OF
LAGUNA BEACH, CALIFORNIA, AMENDING THE LAGUNA BEACH MUNICIPAL
CODE TO ENACT NEW REGULATIONS FOR USE OF CITY PARKS AND BEACHES" by approving a motion to waive further readings and adopt the ordinance. -9-
Laguna Beach City Council Minutes October 4, 2022
14. ADOPTION OF ORDINANCE NO. 1677 ACCEPTING THE CALIFORNIA COASTAL
COMMISSION'S MODIFICATIONS AMENDING THE LAGUNA BEACH
MUNICIPAL CODE AND LOCAL COASTAL PROGRAM RELATING TO
STREAMLINING OF THE DESIGN REVIEW PROCESS
Councilmember Toni Iseman pulled this item to ask about streamlining other design review processes to ensure projects were being reviewed on a timely basis.
City Attorney Phil Kohn clarified that tonight's hearing was not to reopen the discussion of the ordinance med dinet bich the to evinci had her de cordina pe sed his secondi reading
Moved by Councilmember Peter Blake, seconded by Mayor Pro Tem Bob Whalen, and carried unanimously 5/0 to adopt Ordinance #1677 titled, "AN ORDINANCE OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING LAGUNA BEACH MUNICIPAL CODE CHAPTER 25.05 (ADMINISTRATION) RELATING TO
STREAMLINING OF THE ENTITLEMENT PROCESS AND AMENDING LAGUNA BEACH MUNICIPAL CODE SECTIONS 25.50.008 (PERMITTED PROJECTIONS INTO REQUIRED SETBACKS) AND 25.50.012 (FENCES, WALLS, HEDGES,
LATTICEWORK AND SCREENS) TO CLARIFY SETBACK REQUIREMENTS AS MODIFIED BY THE CALIFORNIA COASTAL COMMISSION" by approving a motion to waive further readings and adopt the Ordinance.
15. ADOPTION OF ORDINANCE NO. 1678 ACCEPTING THE CALIFORNIA COASTAL
COMMISSION'S MODIFICATIONS AMENDING THE LAGUNA BEACH
MUNICIPAL CODE AND LOCAL COASTAL PROGRAM RELATING TO FUEL
MODIFICATION PROGRAMS AND FIRE SAFETY
Adopted Ordinance #1678 titled, "AN ORDINANCE OF THE CITY OF LAGUNA
BEACH, CALIFORNIA, AMENDING PORTIONS OF LAGUNA BEACH MUNICIPAL CODE 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" by approving a motion to waive further readings and adopt the Ordinance.
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Laguna Beach City Council Minutes October 4, 2022
16. ADOPTION OF ORDINANCE NO. 1679 ACCEPTING THE CALIFORNIA COASTAL
COMMISSION'S MODIFICATIONS AMENDING THE LAGUNA BEACH
MUNICIPAL CODE REGARDING THE REGULATION OF WIRELESS
TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY Adopted Ordinance #1679 titled, "AN ORDINANCE OF THE CITY OF LAGUNA
BEACH, CALIFORNIA, REGULATING WIRELESS TELECOMMUNICATIONS FACILITIES CITY-WIDE, AMENDING CHAPTER 11.06 (TELECOMMUNICATION FACILITIES WITHIN RIGHT-OF-WAY) OF TITLE 11 (STREETS AND SIDEWALKS) TO THE LAGUNA BEACH MUNICIPAL CODE, AND AMENDING CHAPTERS 25.07 (COASTAL DEVELOPMENT PERMITS) AND 25.55 (WIRELESS
COMMUNICATIONS FACILITIES) OF TITLE 25 (ZONING) TO PROVIDE
UNIFORM AND COMPREHENSIVE REGULATIONS AND STANDARDS, ALONG
WITH PERMIT REQUIREMENTS, FOR THE INSTALLATION OF WIRELESS
FACILITIES IN THE PUBLIC RIGHTS-OF-WAY, AS MODIFIED BY THE CALIFORNIA COASTAL COMMISSION" by approving a motion to waive further readings and adopt the Ordinance.
REGULAR BUSINESS
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17. PUBLIC HEARING AND BALLOTING FOR PROPOSED UNDERGROUND UTILITY ASSESSMENT DISTRICT 2013-2 (DIAMOND STREET)
Staff Report: Project Manager Pierre Sawaya gave a presentation that briefly described the proposed project and staff recommendations.
Questions of Staff: Mayor Pro Tem Bob Whalen offered another alternative that would involve staff exploring the ability to reduce the assessment total by $200,000. He stated the importance of safety of undergrounding the utilities in this area because of the single ingress and egress for these homes in an emergency. Whalen commented that there may be "no" votes that would become "yes" votes if the assessments were lower.
City Attorney Phil Kohn confirmed that Mayor Pro Tem Whalen's proposed option was feasible, and he described the changes in the ballot procedure.
Councilmember Toni Iseman confirmed with staff that the assessments would be placed on the property tax bill over a 15 to 20-year period
Public Testimony: Kevin Johnson, resident within the proposed assessment district, stated a he same opens on the lists to as opend the assis die a Matt Lawson stated that the undergrounding of the utilities on these streets was an urgent safety measure for not only this neighborhood, but for all of Laguna Beach. He commented that it would be a wise investment for the city to assist the homeowners. -11-
Laguna Beach City Council Minutes October 4, 2022
Tom Gibbs said this area was critical to the safety for Laguna Beach and he supported considering an economic package that would not burden the homeowners.
Ty Newland, resident within the proposed assessment district, commented that he supported the city investigating opportunities to reduce the assessments for the homeowners.
Councilmember Comments: Mayor Pro Tem Bob Whalen stated that he supported continuing this item to a date certain and directing staff to come back to offer solutions to reduce the assessment by not less than $200,000.
Councilmember George Weiss asked about the formulas other cities utilized. Project Manager Pierre Sawaya explained the typical criteria at other cities.
Councilmember Toni Iseman discussed other major arterials along Diamond and the other homes that could have been included in the district.
Capital Program Manager Tom Perez explained the rationale for the assessment of the 20 homes in the district and why the city benefitted from the undergrounding.
Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to:
(1) Receive a brief report on the proposed Undergrounding Utility Assessment District 2013-2;
(2) Open the public hearing for public comments; and
(3) Continue the item, directing staff to return to Council with an alternative that reduces the total assessment by not less than $200,000, and notice the affected property owners of their option to submit a new ballot.
[Appeal A was heard at this time.]
18. UPDATE ON WILDFIRE MITIGATION AND FIRE SAFETY REPORT AND STATUS
OF CITYWIDE FUEL MODIFICATION PROGRAM
Staff Report: Senior Management Analyst Jeremy Frimond gave a presentation updating the City Council on Wildfire Mitigation and Fire Safety Report.
Mayor Pro Tem Bob Whalen confirmed with staff that the target date to complete the second helicopter fire hydrant filling station was the end of 2022; however, if the structure were made more permanent, the completion date would go into 2023. He discussed the subcommittee opportunities in the report.
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Laguna Beach City Council Minutes October 4, 2022
Fire Chief Niko King continued with the presentation discussing the citywide fuel modification program.
Senior Management Analyst Jeremy Frimond reported on the program accomplishments for 2022 including updates to the city's website pertaining to fuel modification zones. He discussed the goals for 2023 and an overview of the city's vegetation and herbicide treatment protocol.
Questions of Staff: Mayor Pro Tem Bob Whalen asked about the sequence of the goats throughout the city. Alan Kaufman, Director of Conservation Programs tor the Laguna Canyon Foundation, stated that there was no fixed schedule and that the goats moved around based on the needs. A discussion regarding the goats' modification program ensued.
Public Testimony: Matt Lawson expressed appreciation of staff's efforts to make tremendous advances in fire safety. He stated it was vital to aggressively make strides to mitigate the wildfires in Laguna Beach.
Councilmember Comments: Mayor Sue Kempf thanked the Laguna Canyon Foundation for their involvement with this program.
Mayor Pro Tem Bob Whalen asked about the length of Laguna Canyon Foundation's contract with the city. Senior Management Analyst Jeremy Frimond listed the contracts concerning the fuel modification program.
Mayor Pro Tem Bob Whalen confirmed with staff that fuel modification grant opportunities were being pursued.
No motion was made.
19. CITY COUNCIL 2023 MEETING SCHEDULE
Staff Report: City Manager Shohreh Dupuis briefly outlined the agenda report discussing the City Council meetings for 2023.
Questions of Staff: Mayor Sue Kempf suggested moving the December meeting earlier in December.
Mayor Pro Tem Bob Whalen suggested eliminating the City Council meeting on the Tuesday following Memorial Day.
The Council approved the meeting schedule for calendar year 2023, changing the December meeting to December 12, and eliminating the May 30 meeting. -13-
Laguna Beach City Council Minutes October 4, 2022
PUBLIC HEARINGS FOR APPEALS - (Noticed for 5:00 p.m.)
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[Appeal A was heard after Regular Order Item #17.]
A. APPEAL OF THE APPROVAL OF DESIGN REVIEW 21-10112, VARIANCE 21-10113,
AND CEOA CATEGORICAL EXEMPTION TO CONSTRUCT A NEW SINGLE- FAMILY RESIDENCE AND ATTACHED GARAGE AT 44 SOUTH LA SENDA
DRIVE IN THE THREE ARCH BAY (TAB) ZONE
City Attorney Phil Kohn explained that since the approval of the project at 44 South La Senda had been appealed, the applicant had resubmitted revised plans to the Design Review Board (DRB) and therefore the applicant was requesting a remand to the DRB for those revised plans to be considered. He stated that if the City Council supported remanding the revised plans to DRB, the City Council nor the public would not be allowed to comment on the merits of the plans.
Councilmember Peter Blake confirmed with the City Attorney that the applicant had recently submitted revised plans for a minor remodel, rather than the prior major remodel design, and if this action were supported by the City Council and the appellant, then any discussions this evening would be solely limited to supporting or not supporting remanding the revised plans to the DRB.
Director of Community Development Marc Weiner commented that staff had not prepared an analysis for the basis of the appeal and should the City Council choose to move forward with the hearing the appeal on this project, he would ask that it be continued to a date certain.
Public Testimony: Larry Nokes, attorney representing the applicant, stated that they supported remanding the project and he described the modifications to the revised plans that had been submitted to the DRB for review.
Chuck Krolikowski, attorney representing the appellant, affirmed that the appellant did support remanding the project to the DRB to assess the new plans. He added that the appellant would like the City Council to give direction regarding the new plans to the DRB and he explained
Scott Davis, Steve Roop, Jerry Hayden, Jennifer Roop and Jeff Blue, neighbors in Three Arch Bay, commented that they supported remanding the revised plans to DRB and they listed their concerns with the project.
Larry Nokes, attorney representing the applicant, responded to the public comments stating the applicant was requesting a remand to the DRB and he addressed concerns. -14-
Laguna Beach City Council Minutes October 4, 2022
Chuck Krolikowski, attorney representing the appellant, discussed the prior appeal and the two specific City Council directives when the project had been remanded to the DRB. He requested that those two directives be imposed on the DRB with the remand of the newly revised plans.
Michael Hoch, owner and applicant, explained that the revised plans made major reductions, which now placed the project within a minor, rather than a major, remodel category. He added that he had made many concessions when designing the home.
Councilmember Comments: Councilmember Peter Blake stated that he fully supported remanding the project to the DRB with no restrictions that were not part of the municipal code.
Councilmember George Weiss agreed with Councilmember Blake to remand it with no conditions.
Councilmember Toni Iseman voiced concerns about circumventing the design review process with the Three Arch Bay Design Review Board.
Mayor Pro Tem Bob Whalen clarified that the appellant was not requesting to condition anything outside the municipal code, but rather to comply with the municipal code that considered view preservation and building sight coverage standards in the Three Arch Bay Zone. He commented that he supported conditioning the remand and he explained.
Councilmember Peter Blake asked the City Attorney to clarify view preservation. City Attorney Phil Kohn stated that there was a qualitative interpretation to the term of view preservation, the term is not defined in the Municipal Code.
Mayor Sue Kempf asked the Director of Community Development about the City Council conditions that had been placed on the prior remand to DRB. Director of Community Development Marc Wiener described the prior conditions.
Councilmember Toni Iseman commented that the loss of view needed to be considered from both streets surrounding the property.
Director of Community Development Marc Wiener stated that view preservation versus view equity was not clear-cut and would be open to interpretation by the DRB.
Mayor Pro Tem Bob Whalen commented that it would be important to clearly define view preservation. He supported remanding the revised plans and he discussed conditions for the motion.
Councilmember Peter Blake added a condition as it pertained to view preservation and neighborhood compatibility.
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Laguna Beach City Council Minutes October 4, 2022
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Peter Blake, and carried unanimously 5/0 overturn the Design Review Board's conditional approval of Design Review 21-10112, Variance 21-10113, and CEQA Categorical Exemption for a new single-family residence at 44 South La Senda Drive, and remand the project to the Board with direction that the Board fully articulate findings for design review criteria related to the Three Arch Bay zone in the Laguna Beach Municipal Code, specifically regarding (1) modifying the applicable building site coverage requirement for the project and (2) the project's consistency with the view equity and preservation and neighborhood compatibility as it relates to projects previously approved, and the factual basis for such findings (Resolution #22.080).
[Regular Order Items 18 and 19 were heard at this time.]
ADJOURNMENT
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There being no further business, Mayor Kempf at 9:25 p.m., Tuesday, October 4, 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 18, 2022, at City Hall, 505 Forest Avenue, Laguna Beach California.
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Approved: October 18, 2022 hither
Sue Kempf, Mayor
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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
October 4, 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, October 4, 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 9:25 p.m., Tuesday, October 4, 2022, 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 5"* day of October 2022.
City Clerk of the City of Laguna Beach California
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, October 4, 2022, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on October 5, 2022, at the hour of 11:00 a.m., a copy of the Notice was posted at a conspicuous place on or near the door of the place at which said meeting of the City Council was held.
City Clerk of the City of Laguna Beach, California