Laguna Beach City Council Minutes January 24, 2023
MINUTES
LAGUNA BEACH CITY COUNCIL
REGULAR HYBRID VIRTUAL/IN-PERSON MEETING
January 24, 2023
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was in the City Hall, 505 Forest Avenue, Laguna Beach
California, dayor Tuesday, randiny 24, 2023,
ROLL CALL
PRESENT: COUNCILMEMBERS: Orgill, Rounaghi, Weiss, Kempf, Whalen PARTICIPATING REMOTELY: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Mayor Pro Tem Sue Kempf led the Pledge of Allegiance.
CLOSED SESSION
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Public Employment (pursuant to Government Code section 54957(b)) - one item. Title: City Attorney. Discussion regarding anticipated retirement of City Attorney and proposed process for appointment of new City Attorney.
Conference with Legal Counsel Regarding Existing Litigation (pursuant to Government Code section 54956.9(d)(1): one item - semi-annual report of pending civil litigation (Chen and Koyanagi v. City of Laguna Beach [Orange County Superior Court Case Nos. 30-2021-01238322 and 30-2022-01241426]; Dornin v. City of Laguna Beach [Orange County Superior Court Case No. 30-2021-01183025]; Historic Architecture Alliance v. City of Laguna Beach [Orange County Superior Court Case No. 30-2021-01182450]; Laguna Beach Company v. City of Laguna Beach [Orange County Superior Court Case No. 30-2022-01291759]; Laguna Beach Historic Preservation Coalition v. City of Laguna Beach [Orange County Superior Court Case No. 30- 2021-01178477; San Diego County Superior Court Case No. 37-2022-00041130]; Laguna Beach Historic Preservation Coalition v. City of Laguna Beach [Orange County Superior Court Case No. 30-2021-01235816]; Lustig v. City of Laguna Beach [U.S. District Court Case No. 8:22-cv- 01945]; Save Laguna Beach Trees v. City of Laguna Beach [Orange County Superior Court Case No. 30-2021-01233074]).
City Attorney Phil Kohn reported that in this evening's Closed Session, the City Council received reports regarding the public employment item and the semi-annual status reports regarding pending tort claims and pending civil litigation, but there was no reportable action. -1-
Laguna Beach City Council Minutes January 24, 2023
PUBLIC COMMUNICATIONS
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Ganka Brown congratulated Councilmember Alex Rounaghi on the election results, and thanked former Councilmember Peter Blake for his service the past four years. She also commended City Manager Shohreh Dupuis for her ethical leadership. Brown again questioned the land grant she asserted was given to Martha Anderson several years ago, and Brown reiterated her concerns about the native vines covering trees and bushes.
Mike Beanan and Sabrina Medina, Laguna Bluebelt, provided a presentation providing an update on the City funded Aliso Beach Berm Education & Monitoring Program, and gave recommendations.
Karyn Philippsen, Director of Friends of Laguna Beach Library, thanked everyone for attending the 50" Anniversary of the library in that location.
Chris Catsimanes reiterated his assertion that the City Attorney's impartial analysis of the Laguna Residents First ballot initiative was biased in the definition of electorate he provided.
Gene Felder expressed concerns about the City Attorney's response to private citizen that warned the citizen that his communications may inadvertently cause a Brown Act violation of serial meetings from his emails to all the Councilmembers.
Susana Cruciana requested that the Council close the pickleball courts at Lang Park until the noise is addressed, noting that sound measurements are currently being done.
Johanna Felder thanked the new Council for having civil meetings respectful of the public, and encouraged the Council to resume the previous practice of rotating the Mayor and Mayor Pro Tem positions.
Cathy Jurca commented on the Hotel Laguna project rejected by the Planning Commission recently due to piecemealing, and denied the applicant's proposed windows, which would have been approved by staff. She requested that the Council direct staff not to approve any further alterations to Hotel Laguna without Planning Commission approval.
COUNCIL AND STAFF REPORTS
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City Clerk Ann Marie McKay thanked everyone that submitted applications for the upcoming openings on Council-appointed committees, and encouraged those that were unable to get their application in on time, or do not get appointed, to actively participate by attending the committee meetings, and reapply next time.
City Treasurer Laura Parisi reported that she will be attending the League of California Cities Revenue and Taxation Policy Committee on Friday and requested that the Councilmembers provide her any topics they would like her to bring up for the committee to address. -2-
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City Manager Shoreh Dupuis confirmed that sound measurements are currently being taken to measure the noise from the pickleball courts at Lang Park, and she advised that a report will be provide in two to three weeks, which will detail the results and provide recommendation on the best noise barriers.
City Manager Shoreh Dupuis introduced Jennifer Savage, the City's newly-hired Housing Program Coordinator.
City Manager Shoreh Dupuis reported that Cal OES (Office of Emergency Services) did not submit the City's BRIC (Building Resilient Infrastructure and Communities) grant application to FEMA (Federal Emergency Management Agency) because the utility poles the City wants to underground are owned and maintained by SCE (Southern California Edison), and SCE did not provide the funding commitment required by Cal OES. Dupuis advised that there will be another opportunity in 2023, and staff will continue to work with SCE to obtain the commitment required by Cal OES.
Councilmember George Weiss reported on the library's 50" anniversary event, and encouraged everyone to visit the library. He also reported on the Garden Club's recent meeting with special guest Ron Vanderhoff. Councilmember Weiss also agreed with Cathy Jurca's comments regarding piecemealing.
Councilmember Mark Orgill reported on the event honoring former Councilmember Toni Iseman at Neighborhood Congregational Church, and he reported on the tour of the Canyon provided by Penny Milne.
Councilmember Alex Rounaghi thanked City Clerk Ann Marie McKay for the assistance she has provided applicants for committees. He also reported on speaking at the recent Village Laguna meeting. And Laguna Beach Business Club meeting. Councilmember Rounaghi also reported on the presentation by the City Attorney's office regarding housing laws that was provided at the last Planning Commission meeting, and encouraged everyone to watch the video of that presentation.
Councilmember Rounaghi also congratulated Hallie Jones on her recent appointment as Orange County Parks Commissioner for the 5" District.
Mayor Pro Tem Sue Kempf also congratulated Hallie Jones on her appointment, and Councilmember Alex Rounaghi for his part in obtaining it. Mayor Pro Tem Kempf thanked City Manager Shoreh Dupuis for the City's preparedness with the recent storms.
Regarding the BRIC grant, Mayor Bob Whalen reported that he has spoken with State Senator Dave Min, who stated that he wants to join in future communications with Cal OES and SCE.
Public Works Director Mark McAvoy provided an update on the Laguna Channel project, stating that it remains on schedule to be completed Memorial Day weekend, noting that Saturday work was added to make up for time lost due to the recent storms. -3-
Laguna Beach City Council Minutes January 24, 2023
CONSENT CALENDAR
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Moved by Mayor Bob Whalen, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to approve items 1-3, 7-8, 10, and 13.
MINUTES OF THE CITY COUNCIL MEETING
Approved the Minutes of the Regular Meeting of the City Council of January 10, 2023.
2. WARRANT LISTING
Approved the General Warrants and payroll disbursements.
Warrants: $2,761,145.22 12/23/2022
$3,422,793.81 01/06/2023
$6,183,939.03
Payroll #13 $1,371,465.95 12/30/2022
Payroll #14 $1,366,553.86 01/13/2023
$2,738,019.81
Total $8.921,958.84
CITY TREASURER'S MONTHLY INVESTMENT REPORT FOR NOVEMBER 2022 Received and filed the Monthly Investment Report for November 2022.
4. SERVICE PROVIDER AGREEMENT FOR THE DEVELOPMENT OF A CEOA
COMPLIANT CLIMATE ACTION AND ADAPTATION PLAN
Councilmember George Weiss pulled this item for further discussion.
Questions of Staff: Councilmember Mark Orgill asked for further detail regarding the proposed consulting firm's scope of service and the projects that could be initiated quickly.
City Manager Shohreh Dupuis responded that the plan would present a comprehensive list of action items.
Staff Report: Assistant to the City Manager Jeremy Frimond gave a presentation lescribing the scope of services pertaining to the Climate Action and Adaptation Plan and stated the importance of moving forward with a comprehensive plan.
Questions of Staff: Councilmember Mark Orgill confirmed with staff that smart streets and mobility strategies would be a part of the plan.
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Councilmember Alex Rounaghi asked about the timeline of the plan. Assistant to the City Manager Jeremy Frimond responded that from start to finish, the report would be completed in about 18 months.
Councilmember Alex Rounaghi commented that he hoped the consultant would be determining projects that could be implemented currently rather than having to wait for the finished report. He added that staff should be reviewing additional grant opportunities to offset costs.
Assistant to the City Manager Jeremy Frimond said that the intent of the plan was to bring programs forward earlier than 18 months for the City Council to review.
Mayor Pro Tem Sue Kempf stated that she agreed with Councilmember Rounaghi.
Public Testimony: Steve Chadima, Environmental Sustainability Committee, discussed the need to work on programs that could be completed now. He added that he was pleased with the quality of the proposals, and that PlaceWorks consultants stood out from the rest, and he explained.
Councilmember Mark Orgill confirmed with staff that they were evaluating electric vehicles for the entire fleet and solar panels for city facilities.
Mayor Pro Tem Sue Kempf discussed solar panel incentives.
Shelley Bennecke, Environmental Sustainability Committee, thanked staff for moving forward on this item.
Tom Gibbs, Emergency Disaster Preparedness Committee, commented that the plan is vital for public safety.
Karen Martin said she supported the plan. She asked if a climate plan had been mandated by the state; did it integrate with the City's General Plan; and what would be the approval process.
Matt Lawson, Emergency Disaster Preparedness Committee, discussed the importance of conducting a climate action plan for wildfire safety purposes.
Mike Beanan advised that this would be a great opportunity to utilize high-purity, recycled water in Laguna Beach. He commented on the ocean's essential role when addressing climate change.
Jennifer Zeiter urged City Council to conduct an independent climate analysis and to be wary of misinformation by the media. She hoped the city would not be spending money needlessly on a climate plan.
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Assistant to the City Manager Jeremy Frimond addressed questions from Karen Martin stating that there was no mandated state legislation at this time; the City's General Plan would be considered and integrated; and the plan would be approved by the City Council at a public meeting.
Moved by Councilmember Alex Rounaghi, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to:
(1) Authorize the City Manager to execute consultant services agreement #23-002 with PlaceWorks, Inc., for $426,000, to develop a comprehensive Climate Action and Adaptation Plan in compliance with the California Environmental Quality Act; and (2) Authorize the City Manager to approve project related expenses and change orders with PlaceWorks Inc., for an amount not-to-exceed $24,000.
5. PROPOSED MODIFICATIONS TO THE VILLAGE ENTRANCE LANDSCAPE PLAN Mayor Bob Whalen pulled this item for further discussion.
Public Testimony: Ann Christoph stated that she wanted to consult staff further regarding the Village Entrance landscape plan. She urged City Council to delay this item until she had time to meet with staff to discuss revisions to the plan.
Ruben Flores said he supported postponing the plan because he would like to meet with staff to discuss minimal changes.
Councilmember Comments: Mayor Bob Whalen stated that there was no urgency to the item, and he would support deferring the landscape plan in order to garner additional public input.
Councilmember George Weiss said he agreed with Mayor Whalen.
Moved by Mayor Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to direct staff to meet with Ann Christoph and Ruben Flores regarding their recommendations, and return to City Council with staff recommendations.
6. AWARD OF CONSTRUCTION CONTRACT FOR BLUEBIRD CANYON DRIVE
EVACUATION ROUTE WIDENING
Councilmember George pulled this item for further discussion, and he voiced his concerns with the project.
Councilmember Comments: Mayor Pro Tem Sue Kempf stated that this project had been approved by City Council in 2018 for emergency evacuation purposes and she explained.
Director of Public Works Mark McAvoy described the proposed project. -6-
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City Manager Shoreh Dupuis stated that with the fire department's input, Bluebird Canyon Drive had been identified as one of the streets having the most difficult evacuation routes. She stressed the importance of widening the road.
Councilmember George Weiss commented that the staff report read "to provide sufficient emergency access" in the staff report and he it did not mention evacuation route. He said he had not seen the data to show how this widening would mitigate the impact to the residents.
Mayor Pro Tem Sue Kempf said the goal was to ensure residents could evacuate the area without any accidents. She stated that it was important to do any mitigation to impacted areas as possible.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember Alex Rounaghi, and carried 4/1 (Councilmember George Weiss opposed) to:
(1) Award and authorize the City Manager to execute contract #23-003 with Beador Construction Company, Inc., in the amount of $2,432,300, for the Bluebird Canyon Drive Evacuation Route Widening project;
(2) Award and authorize the City Manager to execute contract #23-004 with Dudek, in the amount of $257,603, for construction inspection services; and (3) Authorize the City Manager to approve project-related expenses and construction change orders with Beador Construction Company for unforeseen circumstances for an amount not-to-exceed $244,000.
PROCLAMATION RECOGNIZING MARCH 9, 2023 AS ARBOR DAY IN LAGUNA BEACH
(1) Adopted the proclamation recognizing March 9, 2023, as Arbor Day in Laguna Beach; (2) Authorized staff to host an Arbor Day celebration event with amplified sound on March 9,2023; and
(3) Authorized staff to apply for re-certification as a Tree City USA with the Arbor Day Foundation.
ADOPTION OF ORDINANCES INCORPORATING THE 2022 EDITION OF THE
CALIFORNIA BUILDING AND FIRE CODE, INCLUDING PROPOSED LOCAL
AMENDMENTS, , AND EXEMPTION FROM CALIFORNIA ENVIRONMENTAL
QUALITY ACT
(1) Adopted Ordinance #1681 titled, "AN ORDINANCE OF THE CITY OF LAGUNA BEACH ADOPTING THE 2022 EDITION OF THE CALIFORNIA BUILDING CODE AND OTHER RELATED 2022 EDITION CODES BY AMENDING TITLE 14, ENTITLED "BUILDINGS AND CONSTRUCTION," OF THE LAGUNA BEACH MUNICIPAL CODE"; and
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(2) Adopt Ordinance #1682 titled, "AN ORDINANCE OF THE CITY OF LAGUNA BEACH ADOPTING THE 2022 EDITION OF THE CALIFORNIA FIRE CODE BY AMENDING CHAPTER 15.01, ENTITLED "CALIFORNIA FIRE CODE," OF THE LAGUNA BEACH MUNICIPAL CODE."
ACCEPTANCE OF A DONATION TO FUND ARTWORK FOR A PRIDE LIFEGUARD
TOWER AT CAMEL POINT BEACH
Mayor Pro Tem Sue Kempf pulled this item to thank residents Steve Chadima and Mark Porterfield for funding the artwork for Pride Lifeguard Tower at Camel Point.
Councilmember Alex Rounaghi confirmed with staff that the lifeguard tower would be completed by summer 2023.
Public Testimony: Craig Cooley thanked all involved in moving forward with the installation of this lifeguard tower and PRIDE recognition. He said it is important to embrace diversity.
Ruben Flores expressed appreciation for the tower and asked how it would be protected from high tides.
Mayor Bob Whalen stated that Flores' question would be addressed at the February 21 City Council meeting when Marine Safety updated the City Council on the purchasing of the South Laguna Beaches.
Moved by Councilmember Alex Rounaghi, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to:
(1) Approved placement of Pride artwork on Lifeguard Tower at Camel Point; (2) Accepted the donation from Laguna Beach residents Steve Chadima and Mark Porterfield to fund artwork for a Pdride Lifeguardd Tower at Camel Point; (3) Approved the placement of a plaque acknowledging the donors; (4) Authorized the Mayor to send a letter of appreciation for the donation; and (5) Appropriated $10,000 with a matching increase in revenues to modify the lifeguard tower.
10. RESOLUTION AMENDING THE APPENDIX OF DESIGNATED EMPLOYEES WITH
FILING RESPONSIBILITIES UNDER THE CITY'S CONFLICT OF INTEREST CODE Adopted Resolution #23.007 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE APPENDIX OF DESIGNATED EMPLOYEES."
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11. SERVICE PROVIDER AGREEMENT FOR AN ORGANIZATION-WIDE
CLASSIFICATION AND COMPENSATION STUDY
Councilmember Mark Orgill pulled this item asking to postpone it and to discuss it further at the City Council's annual planning workshop on Saturday to include additional efficiencies in the study.
City Manager Shoreh Dupuis said this item had been identified in an employee survey and adopted at a prior City Council meeting.
Councilmember Mark Orgill suggested investigating software efficiencies for the city and adding it to the agreement with the service provider.
Human Resources and Risk Management Manager Aggie Nesh described the proposed organization-wide classification and compensation study that will take 18 months to complete.
Councilmember Alex Rounaghi confirmed with staff there was no specific deadline; however, staff wanted the study to align with the fiscal year ending June 2024.
Public Testimony: Jennifer Zeiter voiced concerns over increased benefits and wages for city employees. She added that it is vital to compare private and public sectors when conducting the study.
Judie Mancuso asked when the last study was conducted and to update that prior study. She suggested reevaluating the city's policy to close every other Friday.
Karen Martin questioned if there had been any comparison with federal paygrades.
Moved by Mayor Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to continue this item to a future City Council meeting to be determined by the City Manager.
12. DECLARATION IS EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
Public Testimony: Ann Christoph, South Laguna Civic Association, supported the resolution; however, she said she hoped staff would be mindful of the potential buyer of the property and how they would contribute to the residents in South Laguna. She requested staff reopen the alleyway that was closed off when the city purchased the property.
Christoph discussed the uses of the Village Green.
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Ketta Brown, Jacquie Schaefgen, and Karen Martin of the Housing and Human Services Committee, stressed the importance of affordable housing in Laguna Beach, urging the City Council to consider not selling the property and to turn the property into low-income housing.
City Manager Shoreh Dupuis explained the term "surplus" property stating that the city was declaring that the city did not need this property for civic uses and now the property had to be made accessible to affordable housing agencies. She added that should one of the agencies be interested, the city would partner with them to build affordable housing; however, she said that if there were no interest from the agencies, the city would sell the property.
Councilmember Comments: Councilmember Mark Orgill confirmed with the City Manager that there would be time to discuss other options for the property.
Councilmember Alex Rounaghi thanked the Housing and Human Services, and he supported the item.
Moved by Councilmember Alex Rounaghi, seconded by Mayor Bob Whalen, and carried unanimously 5/0 to adopt Resolution #23.008 titled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DECLARING THAT PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY AT 31729 AND 31735 COAST HIGHWAY (APNS: 658-101- 39; -40) IS SURPLUS LAND AND NOT NECESSARY FOR THE CITY'S USE,
AUTHORIZING THE CITY MANAGER TO COMPLY WITH THE PROCEDURES
UNDER THE SURPLUS LAND ACT, AND DETERMINING SUCH DECLARATION
AND AUTHORIZATION TO BE EXEMPT UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT."
13. APPROVAL OF THE ASSIGNMENT AND ASSUMPTION AGREEMENT MODIFYING THE PROJECT COMMITTEE 24 ALISO CREEK OCEAN OUTFALL
SOUTH ORANGE COUNTY WASTEWATER AUTHORITY JOINT POWERS
AUTHORITY AGREEMENT
Approved the changes to the South Orange County Wastewater Authority Project Committee 24 (Aliso Creek Ocean Outfall) as detailed in the El Toro Water District-Jrvine Ranch Water District Assignment & Assumption Agreement, and direct the City's South Orange County Wastewater Authority Board of Directors representative to vote in support of the agreement.
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REGULAR ORDER
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[Agenda Item #14 was heard after Agenda Item #15.]
14. PARKING, TRAFFIC, AND CIRCULATION COMMITTEE RECOMMENDATIONS
INCLUDING AN UPDATE ON TRAFFIC CALMING MEASURES FOR TEMPLE
HILLS DRIVE AND BLUEBIRD CANYON DRIVE
Staff Report: Director of Public Works Mark McAvoy gave a presentation describing the Crose raffic calming measures at Brooks Street, Temple Hills Drive, and Bluebird Sergeant William Downing discussed traffic enforcement efforts on Bluebird Canyon Drive.
Fire Chief Niko King continued the presentation regarding the impact of traffic calming measures on emergency response times and evacuation for Bluebird Canyon residents.
Director of Public Works Mark McAvoy concluded the presentation listing staff recommendations.
Public Testimony: Paul Pines said he would like to see another radar study scheduled on Temple Hills to determine the change in the speed of the traffic.
John Friars voiced concerns about vehicles speeding on Bluebird Canyon and the importance of slowing traffic for the safety of residents.
Kara Lee discussed the need for modifications to encourage slower traffic on Bluebird Canyon Drive. She said it is a dangerous situation for pedestrians.
Julian Harvey said he did not support the Parking, Traffic and Circulation Committee's recommendation at Bluebird Canyon Drive, and he supported the installation of a speed hump to lower the speed of vehicles in order to safeguard pedestrians.
Craig McKessar commented that he supported keeping impediments out of the street that could slow the fire department and he supported creating a pedestrian sidewalk on Bluebird Canyon Drive.
Jim Danziger discussed the Brooks Street resolution and asked for clarification.
Jack Robbins urged more traffic enforcement at Bluebird Canyon Drive.
Chris Bledsoe said he supported traffic calming measures on Bluebird Canyon Drive.
Natalie Hall urged the City Council to approve a traffic speed hump on Bluebird Canyon Drive.
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Mayor Bob Whalen responded to the public's questions, and he confirmed with staff that a follow-up radar study would be conducted on Temple Hills Drive in six months, and the Brooks Street resolution would address the resident's concern.
Councilmember Comments: Councilmember Mark Orgill discussed Bluebird Canyon Drive and he suggested a pedestrian sidewalk with a rolled curve. He added that he supported installing a speed hump to slow traffic along that street.
Councilmember George Weiss commented that a speed hump would be the least impactful traffic calming measure and he supported the installation for public safety purposes.
Councilmember Alex Rounaghi said that there is clearly a speeding issue on Bluebird Canyon Drive, and it is important to find a solution. He stated that he supported a speed table or hump, and to investigate pedestrian sidewalks.
Mayor Pro Tem Sue Kempf stated that Bluebird Canyon Drive is a dangerous street for pedestrians. She said she agreed with the other Councilmembers and that staff needs to research sidewalks as well. Kempf commented that although she did not like impediments to evacuation routes, she said she was willing to support the temporary installment of the speed table. She added that education, enforcement, and engineering are important to the traffic calming process in Laguna Beach.
Councilmember Mark Orgill commented on the potential sidewalk design, stating that traffic calming measures could be included, which could then allow for the removal of the speed hump.
Director of Public Works Mark McAvoy discussed the feasibility of sidewalks, and he cautioned that the road is fairly narrow, and the sidewalk would take away parking spaces, and he explained
Moved by Councilmember Alex Rounaghi, seconded by Councilmember George Weiss, and carried unanimously 5/0 to approve the Parking, Traffic, and Circulation Committee's recommendation to install a parking restriction on Brooks Street by adopting Resolution #23.009 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA BEACH, CALIFORNIA, ESTABLISHING PARKING RESTRICTIONS ON BROOKS STREET AT MONTEREY STREET";
Moved by Councilmember Alex Rounaghi, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to direct staff to perform another speed survey six months after the additional calming measures have been in place on Temple Hills Drive; and Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember George Weiss, and carried unanimously 5/0 to approve the installation of a speed table on Bluebird Canyon Drive, with the condition that the item is reviewed by the City Council one year after the speed table is installed, and directed staff to investigate the feasibility of adding a sidewalk. -12-
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[Agenda Item #15 was heard before Agenda Item #14.]
15. POLICE DEPARTMENT ACCOMPLISHMENTS. AND UPDATE ON NEW
PROGRAMS AND STAFFING
Chief of Police Jeff Calvert introduced the newest members to the Laguna Beach Police Department, Captain Mike Peters and Wellness K-9 Cooper. He gave Captain Peter's background, and explained the role of Cooper and how he would support the community.
Chief Calvert commented on the commitment and sacrifice the Police Department and how the officers face dangers every day of the year to keep our community safe.
Staff Report: Captain Dave Nichols and Captain Dave Dereszynski gave a presentation describing the Police Department's accomplishments, and they updated the City Council on the 2022 programs and staffing.
Public Testimony: Matt Lawson appreciated the thoughtful planning to move forward to ensure a successful Police Department. He commended staff for taking the aforementioned actions to assure a safe community in Laguna Beach.
Julian Harvey applauded staff's commitment to ensuring that the Police Department is well-funded with the resources needed to deliver policing services. He addressed concerns about the exiting of officers to other agencies.
Questions of Staff: Councilmember George Weiss said he supported the police; however, he questioned why trained officers had left and lateral officers could not be recruited from other agencies.
Police Chief Jeff Calvert responded to Councilmember Weiss and addressed concerns as to why staff had left and the steps the department had taken to understand their reasons for departing. He described the changes taking place in the department.
Councilmember George Weiss stated that he was concerned that the city was not attracting lateral positions because of the workplace conditions with the Police Department.
City Manager Shoreh Dupuis responded to Councilmember Weiss describing that a lateral police officer was a police officer with 15-years' experience working for Orange County cities and would be retiring in about five years. She stated that they would not likely come to our city, because they would lose their retirement benefits.
Police Chief Jeff Calvert stated that it was currently an employee market; however, he said there had been many people inquiring about the Laguna Beach Police Department because of City Council's approval to increase compensation. He commented that the number of police officers had shrunk, and all agencies are competing for these officers, and this was a national concern.
Councilmember George Weiss commented on the importance of changing the police department cultural nationally.
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Police Chief Jeff Calvert said that the Police Department held monthly all-hands meetings to allow all employees to be heard. He said he wants people to seek the culture of Laguna Beach Police Department where staff are healthy, trained, and well compensated.
Councilmember Alex Rounaghi thanked staff for the presentation and the importance of public safety in the role of local government. He commented on the value of investing in the employees with the higher compensations and the department's culture of continual improvement.
Councilmember Mark Orgill said that he agreed with Councilmember Rounaghi. He commented on news articles about the nationwide shortage of police officers.
Mayor Pro Tem Sue Kempf commended the Police Chief and the City Manager on the presentation and the amount of detail and work that had been conducted to improve the Laguna Beach Police Department. She said she had faith that the Police Chief would continue to keep our community safe. Kempf highlighted the outstanding work of the Police Dispatchers and the Laguna Beach Fire Department when she had to call them for an emergency situation.
Police Chief Jeff Calvert explained to Mayor Pro Tem Kempf that when she contacted 9-1- 1 with her emergency, she had experienced the newly introduced Emergency Medical Dispatch software that had been utilized by Senior Dispatcher Kaley Gilstrap. He commended the dispatcher center for their unique skillset.
Mayor Bob Whalen stressed the importance of a fully-staffed department, and he said that the City Council completely supported any efforts necessary to reach that goal. He commended staff on their efforts to create a healthy environment for the Police Department employees.
No Motion was made.
16. RESOLUTION RE-ADOPTING THE REVISED 6TH CYCLE HOUSING ELEMENT
AND APPROVAL OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL
QUALITY ACT
Staff Report: Senior Planner Anthony Viera gave a presentation on the revised 6"h Cycle Housing Element.
Public Testimony: Jacquie Schaefgen, Housing and Human Services Committee, said they look forward to having a compliant Housing Element and were pleased that the city had brought on a new Housing Program Coordinator. She stated that the document would be a great tool for the community.
Karen Martin commented that it was important to follow state housing rules and some of the housing sites listed in the city's Housing Element are not valid building sites. -14-
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Mike Beanan recommended that staff remove the proposed hospital parcel from the Housing Element, and he described.
Questions of Staff: Mayor Bob Whalen asked about modifying the proposed housing sites in the document.
Director of Community Development Marc Wiener stated that the document could be amended later and resubmitted to the state. He added that all of the proposed sites are zoned legal housing sites.
Councilmember Alex Rounaghi discussed the importance of a compliant Housing Element.
He suggested removing Section 8 from the resolution, and he explained.
Councilmember George Weiss asked if the list of proposed sites was realistic. Director of Community Development Mare Wiener responded that the proposed housing sites are feasible, and he explained.
Moved by Councilmember Alex Rounaghi, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to adopt Resolution #23.010 titled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, RE-ADOPTING GENERAL PLAN AMENDMENT 21-8426 FOR THE REVISED 6' CYCLE HOUSING
ELEMENT AND APPROVING AN EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT," removing Section 8.
17. INTRODUCTION AND RECOMMENDATION ON AN ORDINANCE ADDING CHAPTER 7.85 OF THE LAGUNA BEACH MUNICIPAL CODE RESTRICTING THE
SALE, DISTRIBUTION AND USE OF CERTAIN BALLOONS
Staff Report: Assistant to the City Manager Jeremy Frimond gave a presentation introducing the ordinance restricting the sale, distribution, and use of certain balloons. He listed staff recommendations, adding a fourth recommendation that would ban the sale, use, and distribution of all balloons in Laguna Beach.
Questions of Staff: Councilmember George Weiss confirmed with staff that the adoption of this ordinance would not significantly impact local businesses.
Public Testimony: Rich German, Sara Lowell, Denise Erkeneff, Michelle Highberg, Chad Nelson, Ed Almanza, Matt Lawson, Judie Mancuso, Hallie Jones, Hoiyin Ip and Tom Gibbs stated that they supported the proposed ordinance and the ban of all balloons in Laguna Beach. They listed their reasons.
John Hooper, resident and speaking on behalf of Party City and the Coalition for Responsible Celebrations, stated it is important to preserve Laguna Beach's beautiful environment. He said that the proposed ordinance would have unintended consequences and he suggested banning the use of balloons in beaches and parks. Hooper stated that the proposed ordinance would have a significant impact on businesses. -15-
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Tim James, representing Laguna Beach grocery stores, stated that the impact of this proposed ordinance did not match the intent, and he explained. He asked that City Council consider other options and not move forward with the proposed ordinance.
Councilmember Comments: Mayor Pro Tem Sue Kempf stated she would be supporting the fourth option, banning all balloons, and it is important for the environment.
Councilmember George Weiss commented that banning the sale of balloons, option four as suggested by the Environmental Sustainability Committee (ESC), is important for both safety and the environmental purposes.
Councilmember Mark Orgill said he supported option four and he explained.
Councilmember Alex Rounaghi stated that this is public safety issue, and the City Council has a responsibility to protect its open space and ocean. He said he supported option four and asked about the timing that businesses would be required to comply.
Assistant to the City Manager Jeremy Frimond discussed the reasons why staff were recommending a one-year implementation period for businesses. He added that public education would be important to the process.
Mayor Bob Whalen suggested a nine-month compliance period for businesses; however, a public education program should be implemented immediately.
City Manager Shoreh Dupuis stated that option four had not been included in the ordinance and staff would need to modify the document.
Mayor Bob Whalen suggested staff revise the ordinance this evening so it could be passed to the second reading.
[Staff revised the Ordinance per Council's direction during the next item on the Agenda.] City Manager Shoreh Dupuis suggested planning for education and outreach in the financial analysis and including this in the mid-year budget.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember George Weiss, and carried unanimously S/0 to introduce the Ordinance prohibiting the sale, public use, and distribution of all balloons (latex or metallic) regardless of fill, effective nine months after adoption, 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 to pass it to a second reading. -16-
Laguna Beach City Council Minutes January 24, 2023
INTERIM USE PLAN FOR 30516 COAST HIGHWAY, FORMALLY THE CAMPUS OF ST. CATHERINE OF SIENA SCHOOL, AND EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Report: Assistant City Manager/CFO Gavin Curran gave a presentation discussing the potential uses at the recently purchased property at 30516 Coast Highway.
Public Testimony: Hans Laroche, Boys & Girls Club Laguna Beach, requested that they partner with the city on recreational activities for the children.
Michelle Highberg, justgather.org, described the non-profit organization. She stated that they require additional space, and they would be honored should the city agree to give them Elizabeth Hanauer commented that more recreational activities for youth in Laguna Beach is important.
Johanna Felder suggested deferring any use decisions until after the Community Open Houses at the property, because it is important to gather more public input.
Cindy Prewitt, Arts Alliance, stated the need to hear from the residents and the community on the uses at the property.
Jennifer Zeiter said the interim plan was immature and the plan required more community input.
Jacob Cherub stated that this plan was not ready for approval, and he fully supported more public involvement.
Ann Christoph said that she agreed with the public comments that this plan was not ready to be approved. She added that she had concerns about converting the field on the property into a parking lot.
Councilmember Comments: Councilmember George Weiss said he agreed with the public comments, and it is important that the community be more involved in the process.
He suggested deferring the item until there was a more robust discussion with the community.
Mayor Bob Whalen stated that he did not support making any changes to the field. He commented that these were interim uses, and he was comfortable to move forward with these temporary measures.
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Laguna Beach City Council Minutes January 24, 2023
Councilmember Alex Rounaghi said he agreed with Mayor Whalen and it would be vital to involve stakeholders for the long term uses. He suggested utilizing the gym seven days a week and after touring the facility, he supported the temporary purposing of city office space. Rounaghi reiterated that long-term use of the property would require more public input.
Councilmember Mark Orgill confirmed with staff that the fire department required the additional office space at this property.
City Manager Shoreh Dupuis discussed the reasons staff were recommending utilizing the field for additional parking.
Councilmember Mark Orgill said he supported not charging rent to non-profits, as long as they cleaned up after they used the space. He confirmed with staff that the Recreation Committee was involved in the programming process.
Mayor Pro Tem Sue Kempf discussed relocating the Emergency Operations Center from City Hall to the property. She added that the gym would be in high demand for recreation classes.
Councilmember George Weiss emphasized the need to include more community input and he urged his fellow councilmembers to defer this item until March 2023, after the open houses in February.
Director of Transit Community Services Michael Litschi discussed the reasons for choosing the interim uses. He stated that the Recreation Committee was instrumental in the programming of the space. Litschi added that because of the limited staff, the facilities could not be open seven days a week until summer 2023.
Moved by Councilmember Alex Rounaghi, seconded by Mayor Pro Tem Sue Kempf, and carried 4/1 (Councilmember George Weiss opposed):
(1) Direct the City Manager to implement the proposed interim use plan for 30516 Coast Highway, including a rental program for available classrooms; (2) Appropriate an additional $10,000 from the General Fund for maintenance and cleaning, and increase estimated recreation fee and rental fee revenue by $15,000; (3) Authorize the addition of one full-time Maintenance Worker I position and one full- time Recreation Supervisor position to the Fiscal Year 2022-23 Adopted Budget to program, manage, and maintain the 30516 Coast Highway property; and (4) Determine that the proposed interim use is exempt from the California Environmental Quality Protection Act pursuant to State CEQA Guidelines Section 15061(b)(3) and Section 15031 (Class 1) Categorial Exemption.
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Laguna Beach City Council Minutes January 24, 2023
ADJOURNMENT
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There being no further business, Mayor Whalen at 10:55 p.m., Tuesday January 24, 2023, adjourned to the Annual City Council Planning Workshop at 8:30 a.m. Saturday, January 28, 2023, at the Laguna Beach Community and Susi Q Senior Center, and then 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, February 7, 2023, at City Hall, 505 Forest Avenue, Laguna Beach California. ****************
Approved: February 21, 2023
Bobbin
Bob Whalen, Mayor
Ann Marie McKay, City Clerk
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NOTICE OF ADJOURNMENT OF CITY COUNCIL MEETING
(GOVERNMENT CODE SECTION 54995
EXCEPT OF THE MINUTES OF THE
HYBRID VIRTUAL/IN-PERSON REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH
January 24, 2023
****************
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, January 24, 2023, in the City Council Chambers, 505 Forest Avenue, Laguna Beach, California.
***************
PRESENT COUNCILMEMBERS: Orgill, Rounaghi, Weiss, Kempf, Whalen PARTICIPATING REMOTELY: None
ABSENT: COUNCILMEMBERS: None
ADJOURNMENT
***************
There being no further business, Mayor Whalen at 10:55 p.m., Tuesday, January 24, 2023, adjourned to the Annual City Council Planning Workshop at 8:30 a.m. Saturday, January 28, 2023, then to the Closed Session at 4:00 p.m., and hybrid virtual/in-person Regular City Council Meeting at 5:00 p.m., Tuesday, February 7, 2023, for interviews and appointments to committees, 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 25th day of January 2023.
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CORPORATED City Clerk of the City of Laguna Beach California TUNE 29. 192
ANGE COUNTY CALIF
CERTIFICATE OF POSTING
NOTICE OF ADJOURNMENT
****************************
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, January 24, 2023, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on January 25, 2023, 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.
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City Clerk of the City of Laguna Beach, Cakfornia