Laguna Beach City Council Minutes December 13, 2022
MINUTES
ILAGUNA BEACH CITY COUNCIL
REGULAR HYBRID VIRTUAL/IN-PERSON MEETING
December 13, 2022
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, December 13, 2022, in the City Hall, 505 Forest Avenue, Laguna Beach, California, Mayor Kempf presiding.
ROLL CALL
PRESENT: COUNCILMEMBERS: Blake, Weiss, Whalen, Kempf
PARTICIPATING REMOTELY: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Iseman
Councilmember George Weiss led the Pledge of Allegiance.
EXTRAORDINARY BUSINESS
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PROCLAMATION RECOGNIZING OUTGOING BOARD OF SUPERVISOR LISA
BARTLETT FOR HER CONTRIBUTIONS TO THE CITY OF LAGUNA BEACH
AND ORANGE COUNTY'S FIFTH DISTRICT
Approved the Proclamation recognizing outgoing Orange County Board of Supervisor Lisa Bartlett for her service to the City of Laguna Beach and Orange County's Fifth District.
RECOGNITION OF CHILDREN'S HOLIDAY PALETTE WINNERS
Mayor Sue Kempf recognized the 12 young artists for being selected winners of the 2022 Children's Holiday Palette Exhibition: Elle Walker (age 6), Arabella Gardner (age 8), Max Moratorio (age 8), Dylan Tian (age 8), Caroline Walden (age 9), Abigail Olin (age 11), Charley Jerabek (age 14), Sam O'Neill (age 14), Hannah Miller (age 15), Brighton Welch (age 15), Alice Mitsuha (age 16), and Bella Piskun (age 17). -1-
Laguna Beach City Council Minutes December 13, 2022
3. RESOLUTION CERTIFYING THE RESULTS OF THE NOVEMBER 8, 2022, GENERAL MUNICIPAL ELECTION; SWEARING-IN CEREMONY: AND THE SELECTION OF
MAYOR AND MAYOR PRO TEM
City Clerk Ann Marie McKay recited the results of the November 8, 2022, General Municipal Election, stating that the total number of ballots cast was 12,800, with Sue Kempf, Mark Orgill, and Alex Rounaghi each elected as members of the City Council, all for a full term of four years, and that ballot measures Q, R, and S did not receive a sufficient number of votes to carry and were not adopted.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to adopt Resolution #22.095 titled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022,
DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW."
SWEARING IN CEREMONY
City Clerk Ann Marie McKay administered the Oath of Office to Sue Kempf, Mark Orgill, and Alex Rounaghi, and the newly-elected City Councilmembers took their seats at the Council dais.
Councilmember Peter Blake departed, thanking Laguna Beach.
SELECTION OF MAYOR AND MAYOR PRO TEM
City Clerk Ann Marie McKay opened nominations for selection of Mayor. Councilmember Alex Rounaghi nominated Bob Whalen. The Council voted unanimously to select Councilmember Bob Whalen as Mayor. Councilmember Mark Orgill nominated Sue Kempf for Mayor Pro Tem and the Council voted unanimously to select Councilmember Sue Kempf as Mayor Pro Tem.
COMMENTS BY NEWLY ELECTED OFFICIALS
Mayor Pro Tem Sue Kempf and Councilmembers Mark Orgill and Alex Rounaghi expressed appreciation on being elected, and for the support they received. They all expressed looking forward to working together serving the community. Mayor Bob Whalen thanked outgoing Councilmember Peter Blake for his work during the past four years, and expressed optimism the new Council will work in a collaborative manner to move the City forward, with the City's strong management team built and led by a strong City Manager that has created an environment in which City employees are heard and motivated to work hard, with proven results with a productive 2022. Mayor Whalen recognized the work of City employees who continue to improve the City every day. Mayor Whalen encouraged the Council to strive to find a consensus to make good decisions to move the City forward in 2023. -2-
Laguna Beach City Council Minutes December 13, 2022
RECOGNITION OF PUBLIC WORKS FOR APWA 2022 PROJECT OF THE YEAR Laguna Beach Public Works staff were recognized for being awarded the American Public Works Association Project of the Year Award for the Jasmine Street Storm Drain Improvement project.
PUBLIC COMMUNICATIONS
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Erin Slattery, President/CEO of the Laguna Beach Chamber of Commerce, noted upcoming Chamber events.
Jennifer Zeiter, Greater Laguna Beach GOP, congratulated the new Council and thanked departing Councilmember Peter Blake for his service.
Jane Leary congratulated the new City Council, and gave kudos to Waste Management, requesting that the Council consider Waste Management's performance when determining the new contract.
Emily Smith, Top of the World resident, commented on fire safety hazards that she has observed and noted, including 72 fire violations and 14 records she obtained from the Police Department. She requested that the videos she has taken of people smoking and throwing lit butts on the brush be included in investigations of reported violations.
Mary Locatelli noted her finance experience and expressed concerns that there are apparently no requirements for accounting and auditing experience to apply for the Citizen's Audit Review and Investment Advisory Committee.
Jacob Cherub congratulated the new Council and expressed concerns that the Mayor and Mayor Pro Tem positions are no longer following the previous practice of rotation.
Ruben Flores commented on the recent passing of Maintenance Supervisor Mel Summer. Flores also referenced a recent Orange County Register article regarding San Clemente's sand replenishment project, and he noted similar erosion in Laguna Beach
Matt Lawson congratulated the new Council, and Gavin Curran on his promotion to Assistant City Manager/Chief Financial Officer. Lawson also thanked departing Councilmember Peter Blake for his service and dedication to public safety.
Moorea Howson congratulated Councilmember Alex Rounaghi. -3-
Laguna Beach City Council Minutes December 13, 2022
COUNCIL AND STAFF REPORTS
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City Clerk Ann Marie McKay reported that applications are currently being accepted for 32 upcoming openings on 8 Council-appointed committees. McKay stated that applications must be received no later than 4:30 p.m. on Friday, January 20, 2023. Specifics and the application are posted on the City's website, and available by contacting the City Clerk's office.
City Treasurer Laura Parisi congratulated the elected Councilmembers. She also reported that the Chapman University's Economic Forecast speculates there will be a recession, but likely not as bad as 2008. Parisi also reported that she attended the U.S. Treasurer's economic forum.
City Manager Shoreh Dupuis congratulated the new Council. She also noted that this is Assistant City Manager Ken Domer's last meeting; he starts on Monday as La Verne's new City Manager.
Dupuis also reported that Gavin Curran has been promoted to Assistant City Manager/Chief Financial Officer.
Regarding Mel Summer, City Manager Shohreh Dupuis advised that his passing was noted at the last Council meeting, and she reported that there was a service at the Corporation Yard with Summer's family.
Regarding fire concerns at Top of the World, Councilmember George Weiss requested recommendations from staff to improve the situation. Councilmember Weiss thanked everyone involved with the successful Hospitality Night. He also congratulated the Laguna Beach High School football team on their winning season. Councilmember Weiss also thanked all those that ran for Council and congratulated those that won. He also thanked Ken Domer for his work as Assistant City Manager, and congratulated Gavin Curran and Michael Litschi on their promotions.
Councilmember Weiss also suggested that a committee be appointed for the library.
Councilmember Mark Orgill also reported on the successful Hospitality Night and congratulated Gavin Curran on his promotion and thanked Ken Domer for the work he did for Laguna Beach.
Councilmember Alex Rounaghi thanked the Police Department for ensuring the 75"h anniversary of human rights demonstration on Saturday was safe and peaceful, and he noted that he will be bringing to the Council a resolution to stand in solidarity with those suffering from oppressive regimes.
Councilmember Rounaghi congratulated the Laguna Beach High School football team, and City staff that received promotions.
Mayor Pro Tem Sue Kempf reported on the City staff holiday lunch that she, along with other Councilmembers, attended and helped with serving. Mayor Pro Tem Kempf commended the Police Department and KX FM's Ed Steinfeld for helping reconnect lost children with their parents at Hospitality Night. She also thanked the Arts Commission for all the work done this year. Mayor Pro Tem Kempf congratulated Ken Domer on his appointment as La Verne's City Manager, and Gavin Curran on his promotion. She also recognized the Laguna Beach High School girls' basketball team for the season they are having.
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Laguna Beach City Council Minutes December 13, 2022
Mayor Bob Whalen requested that a proclamation be drafted recognizing the Laguna Beach High School football team's accomplishments, which City Manager Shoreh Dupuis advised is tentatively on the Council's January 10, 2023, agenda to approve. Mayor Whalen thanked Ken Domer for all his work in the time he has served Laguna Beach. Mayor Whalen also requested a report to the Council from Marine Safety Chief Kevin Snow regarding sand replenishment. Mayor Whalen praised the Police Department for their performance at the Human Rights demonstration, noting the great job they do at these events, and he requested a presentation from Police Chief Jeff Calvert addressing the Police Department's challenges.
CONSENT CALENDAR
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Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember George Weiss, and carried unanimously to approve items 1 through 12. Councilmembers Mark Orgill and Alex Rounaghi abstained on item #5 since they were not on the Council for that meeting. in MINUTES OF THE CITY COUNCIL MEETING
Approved the Minutes of the Regular Meeting of the City Council of November 15, 2022.
6. WARRANT LISTING
Approved the General Warrants and payroll disbursements.
Warrants: $ 8,978.31 11/07/2022
$ 3,525,902.18 11/10/2022
$ 5.098.650.68 11/23/2022
$ 8,633,531.17
Payroll #9 $ 1,416,206.72 11/04/2022
Payroll #10 $ 1,363,966.79 11/18/2022
2,780,173.51
Total $11.413.704.68
7. CLAIMS AGAINST THE CITY
(1) Rejected claim #22-17 filed by Sean Guin;
(2) Rejected claim #22-18 filed by Matthew Magill;
(3) Rejected claim #22-19 filed by Brad and Diane Cull; (4) Rejected claim #22-34 filed by Julie Jacobson;
(5) Rejected claim #22-35 filed by Robert Schultz; and
(6) Rejected claim #22-37 filed by Coast Hardware.
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Laguna Beach City Council Minutes December 13, 2022
8. EXTENSION OF ANNUAL INVESTMENT POLICY, DELEGATION OF INVESTMENT
AUTHORITY TO THE CITY TREASURER, APPROVAL OF THE DEPUTY CITY
TREASURER DESIGNEE WITH INVESTMENT AUTHORITY, AND MONTHLY TREASURER'S REPORT FOR OCTOBER 2022
(1) Adopted Resolution #22.096 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER";
(2) Authorized the Deputy Treasurer, Victoria McIntosh, to complete the investment duties in the event that the City Treasurer is not available;
(3) Extended the utilization of the 2022 Investment Policy until such time that the Citizens' Audit Review and Investment Advisory Committee provides input into the proposed 2023 Investment Policy; and
(4) Received and filed the Monthly Investment Report for October 2022.
GROUND LEASE AGREEMENT FOR 20612 AND 20652 LAGUNA CANYON ROAD,
AND APPROVAL OF CATEGORICAL EXEMPTION PURSUANT TO CALIFORNIA
ENVIRONMENTAL QUALITY ACT
Authorized the City Manager to execute Agreement #22-120 (Lease Agreement #14) with Friends of the Sea Lion, Inc., (dba Pacific Marine Mammal Center), for City property located at 20612 and 20652 Laguna Canyon Road, for an initial 25-year term with an option for a second 25-year term, and approve a Categorical Exemption pursuant to the California Environmental Quality Act.
10. RESOLUTION ADOPTING MEASURE M2 EXPENDITURE REPORT FOR FISCAL YEAR 2021-22
(1) Adopted Resolution #22.097 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, CONCERNING THE MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF LAGUNA BEACH," approving the Orange County Measure M2 Transportation Improvement Tax Expenditure Report for Fiscal Year 2021-22, as certified by the Assistant City Manager/Chief Financial Officer, subject to technical revisions in conformance with Orange County Transportation Authority (OCTA) guidelines; and
(2) Authorized the Assistant City Manager/Chief Financial Officer to sign and submit the report to OCTA.
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Laguna Beach City Council Minutes December 13, 2022
11. MEMORANDA OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE AND
THE CITY OF LAGUNA BEACH ACCEPTING PERMANENT LOCAL HOUSING
ALLOCATION GRANT FUNDING
(1) Authorized the City Manager to execute a Memoranda of Understanding with the County of Orange to accept Permanent Local Housing Allocation funding in the amount of $115,049 to offset the Alternative Sleeping Location's operating costs; and (2) Increased estimated grant revenue by $115,049.
12. ADOPTION OF ORDINANCE AMENDING PORTIONS OF THE LAGUNA BEACH
MUNICIPAL CODE IN ACCORDANCE WITH STATE HOUSING LAWS AND THE
CITY'S HOUSING ELEMENT AND APPROVING EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT. AND ADOPTION OF RESOLUTION
AMENDING LOCAL COASTAL PROGRAM AND REQUESTING CERTIFICATION
BY CALIFORNIA COASTAL COMMISSION
(1) Adopted Ordinance #1680 titled, "AN ORDINANCE OF THE CITY OF LAGUNA
BEACH, CALIFORNIA, AMENDING LAGUNA BEACH MUNICIPAL CODE CHAPTERS 25.08, 25.14, 25.34, AND 25.48 IN ACCORDANCE WITH STATE HOUSING LAWS AND THE CITY'S HOUSING ELEMENT," by approving a motion to waive further reading and adopt the Ordinance; and
(2) Adopted Resolution #22.098 amending the City's Local Coastal Program and requesting certification by the California Coastal Commission.
13. FUNDING AGREEMENT ACCEPTING CORONAVIRUS AID, RELIEF, AND
ECONOMIC SECURITIES (CARES) ACT COMMUNITY DEVELOPMENT BLOCK GRANT
Mayor Pro Tem Sue Kempf pulled this item to thank Assistant to the City Manager Jeremy Frimond for his work on this matter. She confirmed with staff that the grant would recoup extra costs associated with COVID-19.
Mayor Bob Whalen asked when the funds would be applied. Assistant to the City Manager Jeremy Frimond responded that if the item is approved, reimbursements would begin straightaway.
Councilmember George Weiss asked about the costs of the Alternative Sleeping Location (ASL) and a discussion ensued.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember Alex Rounaghi, and carried unanimously 5/0 to:
(1) Authorize the City Manager to execute an agreement with the County of Orange to accept a Community Development Block Grant in the amount of $500,000 to reimburse General Fund costs for homeless programs; and
(2) Increase estimated grant revenue by $500,000.
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Laguna Beach City Council Minutes December 13, 2022
REGULAR ORDER
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CITY COUNCIL REPRESENTATION FOR VARIOUS ORGANIZATIONS AND
SUBCOMMITTEES
Mayor Bob Whalen led a discussion regarding the City Council representation for various organizations and subcommittees.
Moved by Councilmember George Weiss, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to:
(1) Approve the subcommittee assignments and City Council appointments as discussed (see attached table titled "2023 Organizations and Committees Represented by City Council"; and
(2) Review and approve the list of subcommittees, adding a Laguna Canyon Road subcommittee, appointing Mayor Bob Whalen and Councilmember Alex Rounaghi to serve on that subcommittee (see attached table titled "Subcommittees Formed by City Council 2023").
PUBLIC HEARING FOR APPEAL
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A.
PERMIT 22-0379, REVOCABLE ENCROACHMENT PERMIT 22-0380, AND CEOA CATEGORICAL EXEMPTION AT 200 ALTA VISTA WAY
Staff Report: Senior Planner Heather Steven informed the City Council that since the staff report had been publicly noticed, there had been a change to staff's recommendation to remand the project to Design Review Board (DRB), and she described.
Public Testimony: Jonathan Dykstra, attorney for the appellant, stated that they supported remanding the matter to the DRB.
Tim Carlyle, attorney for the applicant, requested the City Council not remand the project, but proceed with the appeal, and he explained his rationale.
Cathy Jurca discussed the appeal process and the need to make it more flexible.
Anthony Fisch said he supported remanding the project to the DRB.
Questions of the Staff: Mayor Pro Tem Sue Kempf confirmed with staff that the project required a redesign.
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Laguna Beach City Council Minutes December 13, 2022
Moved by Mayor Bob Whalen, seconded by Councilmember Alex Rounaghi, and carried unanimously 5/0 to adopt Resolution #22.099 titled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, GRANTING THE
APPEAL, OVERTURNING THE DESIGN REVIEW BOARD'S APPROVAL OF DESIGN REVIEW 22-0378, COASTAL DEVELOPMENT PERMIT 22-0379, REVOCABLE ENCROACHMENT PERMIT 22-0380, AND CATEGORICAL
EXEMPTION AT 200 ALTA VISTA WAY, AND REMANDING THE PROJECT TO THE BOARD FOR RECONSIDERATION," as modified to clarify the remand is not based on the merits of the appeal.
There being no further business for the Open Session, Mayor Whalen at 7:05 p.m., Tuesday, December 13, 2022, recessed to the Closed Session.
CLOSED SESSION
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Conference with Legal Counsel Regarding Existing Litigation (pursuant to Government Code section 54956.9(d)(1)) - one item: Laguna Beach Company v. City of Laguna Beach (Orange County Superior Court Case No. 30-2022-01291759).
Conference with Labor Negotiators (pursuant to Government Code section 54957.6): Review the parties' positions and give direction to the City's negotiator with regard to the Laguna Beach Police Employees Association; and Laguna Beach Marine Safety Association; City negotiator is Shoreh Dupuis, City Manager.
City Attorney Phil Kohn reported that in this evening's Closed Session, the City Council discussed the existing litigation with the Laguna Beach Company regarding Ordinance #1675 (Councilmember Mark Orgill recused himself but took no reportable action. The City Council also received a status report on the ongoing negotiations with the Laguna Beach Police Employees Association and Laguna Beach Marine Safety Association and voted unanimously to provide direction and authorize the City Manager to continue negotiations.
ADJOURNMENT
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There being no further business, Mayor Whalen at 9:03 p.m., Tuesday, December 13, 2022, adjourned to the Closed Session at 4:00 p.m. and to the Regular hybrid virtual/in-person City Council Meeting at 5:00 p.m. on Tuesday, January 10, 2023, at City Hall, 505 Forest Avenue, Laguna Beach California.
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Approved: January 10, 2023 Brothel
ob Whalen, Mayor
Ann Marie McKay, City Cleri
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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
December 13, 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, December 13, 2022, in the City Council Chambers, 505 Forest Avenue, Laguna Beach, California.
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PRESENT COUNCILMEMBERS: Orgill, Rounaghi, Weiss, Kempf, Whalen PARTICIPATING REMOTELY: None
ABSENT: COUNCILMEMBERS: None
ADJOURNMENT
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There being no further business, Mayor Whalen at 9:03 p.m., Tuesday, December 13, 2022, adjourned to the Closed Session immediately following the Regular Meeting, then to the Closed Session at 4:00 p.m. and the hybrid virtual/in-person Regular City Council Meeting at 5:00 p.m., Tuesday, January 10, 2022, at City Hall, 505 Forest Avenue, Laguna Beach, California. ***************
STATE OF CALIFORNIA )
COUNTY OF ORANGE SS.
CITY OF LAGUNA BEACH
I, Ann Marie McKay, City Clerk of the City of Laguna Beach, California, do hereby certify that the foregoing is a full, true, and correct copy of the Minute entry on record in my office. IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Laguna Beach, California, on this 13h day of December 2022.
CORPORATE
YUNE 29 1927
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, December 13, 2022, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on December 13, 2022, at the hour of 8:00 p.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.
cuu'k
City Clerk of the City of Laguna Beach, California