Laguna Beach City Council Minutes February 21, 2023
MINUTES
LAGUNA BEACH CITY COUNCIL
REGULAR HYBRID VIRTUAL/IN-PERSON MEETING
February 21, 2023
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, February 21, 2023, in the City Hall, 505 Forest Avenue, Laguna Beach, California, Mayor Whalen presiding.
ROLL CALL
PRESENT: COUNCILMEMBERS: Orgill, Rounaghi, Weiss, Kempf, Whalen PARTICIPATING REMOTELY: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember George Weiss led the Pledge of Allegiance.
CLOSED SESSION
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Conference with Legal Counsel Regarding Anticipated Litigation (pursuant to Government Code section 54956.9(d)(2))) - one item: significant exposure to litigation against the City based on statements made by Michele Monda at an open and public meeting and in writing threatening litigation relating to a request under the California Public Records Act.
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.
Confer with Legal Counsel Regarding Existing Litigation (pursuant to Government Code section 54956.9(d)(1)) - two items: (1) workers' compensation claims for Bladergroen [Claim Nos. 20- 148911, 19-140678, and 12-113684]; and Snow [Claim No. 21-155963]; and (2) semi-annual report for open general liability claims for Ellman [Claim No. TBD]; Stoddard [Claim No. GH0048236]; DeFranco [Claim No. 17-39]; Gessell [Claim No. 20-05]; Torres [Claim No. 20-08]; Romans [Claim No. 20-10]; Dynamic Property Group [Claim No. 20-21]; Otto [Claim No. 20-27]; Menaldo [Claim No. 21-02]; Vale [Claim No. 21-08]; Steinmetz [Claim No. 21-11]; Varela [Claim No. 22-01]; Alonso [Claim No. 22-02391]; Dygert [Claim No. 22-12]; Koyanagi [Claim No. 22-14]; Barnes [Claim No. 22-16]; Guin [Claim No. 22-17]; Magill [Claim No. 22-18]; Cull [Claim No. 22-19]; Amaya [Claim No. 22-22]; Niederberger [Claim No. 22-25]; Guardarrama [Claim No. 22-26]; Fadel [Claim No. 22-27]; Vanderlinde [Claim No. 22-28]; Hardin [Claim No. 22-30]; Chaney [Claim No.22-31]; Jacobsen [Claim No. 22-34]; Schulz [Claim No. 22-35]; Tenaglia [Claim No. 22-36]; Coast Hardware [Claim No. 22-37]; Basile [Claim No. 22-38]; Moneymaker [Claim No. 22-39]; Burchman [Claim No. 22-40]; Valencia [Claim No. 22-41]; Ramirez [Claim No. 22-43]; Halvorson [Claim No. 22-44]; Wong [Claim No. 22-45]; Allstate Insurance [Claim No. 22-46]; AlU Insurance Company [Claim Nos. 22-47, 22-48, 22-49]; Spotts [Claim No. 22-50]; Burdick [Claim No. 22-51]; Kenney [Claim No. 22-52]; Swenson [Claim No 23-01]; Mines [Claim No. 23-02]; Thomas [Claim No. 23-03]; Bolbolan [Claim No. 23-04, 23-05]; Isaacs [Claim No. 23-06]; Bohannan [Claim No. 23-07]; Williams [Claim No. 30-2022-01245965]; Dickinson [Claim No. GH0047450]. -1-
Laguna Beach City Council Minutes February 21, 2023
City Attorney Phil Kohn reported that in this evening's Closed Session, the City Council received reports regarding the public employment item and the anticipated litigation item (Councilmember George Weiss opted not to participate on the anticipated litigation item). Kohn advised that there was no reportable action, but discussions were not completed, and are planned to resume at the end of the open session of tonight's Council meeting. Kohn also reported that the Council provided direction to staff on existing litigation regarding workers' compensation claims and the semi-annual report for open general liability claims.
EXTRAORDINARY BUSINESS
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PROCLAMATION RECOGNIZING THE MONTAGE FOR ITS 20TH ANNIVERSARY Adopted the Proclamation recognizing the Montage for being a community asset and partner to the City of Laguna Beach for 20 years.
2. PROCLAMATION RECOGNIZING LAGUNATICS' 30TH ANNIVERSARY Adopted the Proclamation recognizing Lagunatics' 30th Anniversary.
RESOLUTION STANDING IN SOLIDARITY WITH THE CITY MANAGER AND
CONDEMNING ACTS OF BULLYING, HARASSMENT, AND VANDALISM
AGAINST ANY PERSON (MAYOR WHALEN)
Mayor Bob Whalen stated that he brought this item forward because it was important to have an opportunity for the City Council, staff, and the public to respond to this criminal act against the City Manager.
Director of Community Development Marc Weiner commented that he was speaking on behalf of the entire executive team in support of the City Manager, and he read the statement.
Councilmember George Weiss stated that he condemned the act of vandalism on anyone's property, however; he said that the City Manager, at the last City Council meeting, had gone against the rules of decorum, and he explained. He commented that tonight's resolution was biased and should include the wording "to condemn all bullying, harassment, and vandalism by standing in solidarity and condemnation of those acts against any person." Weiss continued that the resolution should not name one person as the victim, but rather everyone that could become a victim. He added that his statement had been written by a local resident and business owner.
Public Testimony: Peggy Wolff, Gwen McMallan, Becky Visconti, Mary Clifford, Judie Mancuso, Sudi Farokhnia, Jorg Dubin, Emil Monda, Michele Monda, James Grossberg, Michael Ray, Toni Iseman, MJ Abraham, Tom Gibbs, Jacob Cherub, Matt Lawson, Chris Catsimanes, Adam Redding-Kaufman, and Trish Sweeney stated they did not condone the vandalism that took place at the City Manager's residence. They voiced their concerns regarding bullying and harassment, as well as the hope in capturing the perpetrators. -2-
Laguna Beach City Council Minutes February 21, 2023
Councilmember Comments: Councilmember Mark Orgill said he supported the resolution that condemned the act of vandalism against the City Manager. He added that there was language already included that denounced bullying, harassment, and vandalism for everyone.
Councilmember Orgill commented that he appreciated the public's comments and the importance of discussing their concerns. He said he believed in this City Council and its ability to get through these issues and to move forward.
Councilmember Alex Rounaghi stated that he agreed with Councilmember Orgill, and he would be supporting the resolution. He voiced concerns over personalizing political rhetoric that was occurring locally and nationally, which was divisive and could lead to violence.
Rounaghi discussed the importance of embracing dissenting opinions, and to have respectful dialogue. He said that it is important to move forward without the toxic political dialogue.
Mayor Pro Tem Sue Kempf said she agreed with both Councilmembers Rounaghi and Orgill.
She stated that this act of vandalism was appalling, and it is important to be civil in the community. Mayor Pro Tem Kempf commented that she hoped they would find the person that committed this crime and that these acts would never happen again in Laguna Beach.
Councilmember George Weiss commented that he supported condemning acts of vandalism; however, bullying and harassment should not be included in the resolution, and he explained.
Mayor Bob Whalen stated that it is important for the City Council to take official action on activity that crossed the line. He said he agreed that the culprits) needed to be held accountable for their actions.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember Alex Rounaghi, and carried unanimously 5/0 to adopt Resolution #23.011 titled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, CONDEMNING
VANDALISM AGAINST THE CITY MANAGER'S HOME AND STANDING IN
SOLIDARITY WITH HER AND CONDEMNING ACTS OF BULLYING,
HARASSMENT, AND VANDALISM AGAINST ANY PERSON."
PUBLIC COMMUNICATION
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Ganka Brown reiterated her issues with the native wild cucumber vine. She also questioned if Councilmember George Weiss and City Clerk Ann Marie McKay are campaigning, and how campaign costs are covered.
Melissa Crew, owner of Soho by the Sea salon, requested that the Council protect small businesses, and also address the City's lack of response to building maintenance issues.
Greg O'Loughlin, South Laguna Civic Association, provided a letter regarding concerns related to the City's use of glyphosate (common trade name "Roundup"). South Laguna resident Ramin Pejan also expressed concerns about its use.
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Nancee Swensson asked about the costs related to recent decisions made by the Council, such as the City-run ambulance service and taking over the South Laguna beaches. Swensson also asserted that accusations of bullying is citizen intimidation and silencing, and she also claimed that the City Attorney is under investigation by the District Attorney for a second violation of the Brown Act.
Corbin Saunders, representative of the owner of 1277 South Coast Highway, the location recently occupied by Soho by the Sea, explained the situation with the previous tenant from their point of view.
MJ Abraham argued that no proof was provided with recent accusations of harassment, and stated her demands.
Michele Monda questioned the Closed Session item related to her public records request, stating that she never said that she will bring a lawsuit. Monda also suggested that when a major artery is closed to traffic, non-residents are turned around at the earliest point possible to relieve congestion for residents.
James Grossberg, retired attorney that has been assisting the Mondas on the public records request, reiterated his argument for the release of the requested documents.
Cameron Fraser, resident on Bluebird Canyon Drive, read excerpts from the letter by the Mayor recently published in local papers about Bluebird Canyon Drive as an evacuation route, and suggested that the Council adopt an ordinance requiring Fire Department approval of any impediments on designated evacuation routes.
Christy Miller, NextDoor Review Team member, requested that the Council ensure specific individuals are not identified in comments, providing her reasons. Miller also noted that the report on the safety study for Glenneyre Street keeps getting delayed, and Mayor Bob Whalen advised that he requested it be removed from tonight's agenda due to the length of tonight's agenda. City Manager Shoreh Dupuis advised that the report is now scheduled to be presented to the Council at its March 7 meeting.
Chris Catsimanes suggested placing important items at the beginning of the agenda. He also asserted that the use of Roundup is unsafe in any amount.
Ruben Flores expressed concerns regarding vandalism against trees.
COUNCIL AND STAFF REPORTS
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Regarding Ganka Brown's comments, City Clerk Ann Marie McKay advised that the campaign committees for both Councilmember George Weiss and herself were terminated. She advised that Councilmember George Weiss has a newsletter he emails out, and she has social media accounts where she provides information for the public, none of which require funds to be spent. She also stated that her campaign website is still active and paid for by herself personally, because she has to run for re-election every four years.
Laguna Beach City Council Minutes February 21, 2023
City Treasurer Laura Parisi reported that she attended the Board of Directors meeting for the California Municipal Treasurers Association as Chair of the Legislation Committee; however, the information provided was not material to this City.
City Manager Shoreh Dupuis thanked the Council for supporting the resolution standing in solidarity with her, and stated that she was overwhelmed with the support she has received from the community. She also thanked the City's executive team for its letter of support.
City Manager Shoreh Dupuis advised that she will have staff look into the issues raised by Crew.
Regarding the City's use of Roundup, City Manager Shoreh Dupuis advised that staff will provide a report to the Council at an upcoming meeting.
Assistant City Manager/CFO Gavin Curran reported that the City will host open house events to tour the City's newly-acquired Laguna Beach Community & Recreation Center on Wednesday, March 8, 4:00 p.m. - 6:00 p.m., Thursday, March 9, 12:00 p.m. - 2:00 p.m., and Saturday, March 11, 10:00 a.m. - 2:00 p.m. He advised that registration will open on Monday, and will be widely publicized.
Councilmember George Weiss reported attending Dr. Mammone's memorial. Councilmember Weiss also stated that he would support an award for the capture of those responsible for the recent stabbing in South Laguna. He also explained his reasons for opting not to participate in the Closed Session discussion regarding Monda's public records request.
Councilmember Mark Orgill reported that he met with some of the recent committee appointees and some of those that were not appointed, and he encouraged everyone to be involved with the various committees. Councilmember Orgill also encouraged everyone to attend No Square Theater's Lagunatics production.
Councilmember Alex Rounaghi also reported attending Dr. Mammone's memorial. He also reported on the OC Vector Control District's first in-person meeting since the pandemic, noting that the board approved a three-year contract for its employees. Councilmember Rounaghi also reported on the Police ride along he had Saturday night, noting that he was impressed with the Department's collaboration and teamwork. Councilmember Rounaghi also thanked staff for having a compliant Housing Element, avoiding conflicts with the State like the city of Huntington Beach.
Mayor Pro Tem Sue Kempf also reported on Dr. Mammone's memorial, thanking City Manager Shoreh Dupuis for providing parking and transportation options, and allowing use of the Festival of Arts grounds. Mayor Pro Tem Kempf also reported on the recent wonderful ribbon cutting event at Laguna Fish Co. Mayor Pro Tem Kempf also advised that the City is working on providing more robust communications to the public to ensure factual and accurate information is widely disseminated
Mayor Bob Whalen also reported on Dr. Mammone's memorial, noting that it was very well- attended, and he thanked City staff and the Festival of Arts for their involvement. Mayor Whalen provided an update on the BRIC (Building Resilient Infrastructure and Communities) grant, advising that Cal OES (Office of Emergency Services) will do a site visit. Mayor Whalen also noted that Caltrans is progressing on the sidewalk improvements, and he stated that he still plans to meet with them to discuss pedestrian safety.
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CONSENT CALENDAR
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Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember Mark Orgill and carried unanimously 5/0 to approve items 1,2, 4-7, 9, 11, and 12.
4. MINUTES OF THE CITY COUNCIL MEETINGS
Approved the Minutes of the Regular Meetings of the City Council of January 24 and February 7, 2023.
WARRANT LISTING
Approved the General Warrants and payroll disbursements.
Warrants: $3,687,108.27 01/20/2023
$1,577,246.21 02/03/2023
$5,264,354.48
Payroll #15 $1,461,382.89 01/27/2023
Total $6.725.737.37
6. CITY TREASURER'S MONTHLY INVESTMENT REPORT FOR DECEMBER 2022 Received and filed the Monthly Investment Report for December 2022.
CLAIMS AGAINST THE CITY
(1) Reject claim #22-36 filed by John Tenaglia;
(2) Reject claim #22-50 filed by Woni Spotts;
(3) Reject claim #22-51 filed by Kim Burdick;
(4) Reject claim #22-52 filed by Karen Kenney;
(5) Reject claim #22-47 filed by Hans Lin;
(6) Reject claim #22-48 filed by Sharon Lin; and
(7) Reject claim #22-49 filed by AIU Insurance Co, WC carrier for Citibank. -6-
Laguna Beach City Council Minutes February 21, 2023
8. ADOPTION OF ORDINANCE ADDING CHAPTER 7.85 OF THE LAGUNA BEACH
MUNICIPAL CODE PROHIBITING THE SALE, DISTRIBUTION AND USE OF
BALLOONS
Public Testimony: Hoiyin Ip said she fully supported the balloon ban ordinance, and she suggested that the City Council send a letter of support to the State to ban balloons in State parks and beaches.
Judie Mancuso, Environmental Sustainability Committee, thanked the City for bringing the ordinance forward and being a model for the rest of the State. She suggested educating the hotels in Laguna Beach to keep the balloons inside.
Denise Erkeneff, Surfriders Association, commended the City Council for passing the strongest balloon ban in the United States, as well as its continued efforts to address environmental issues.
Matt Lawson, Emergency/Disaster Preparedness Committee, stated that mylar balloons are extremely dangerous and cause powerline shutdowns and fires. He commended the City Council for creating this ordinance both from an environmental and a public safety aspect.
Moved by Councilmember Alex Rounaghi, seconded by Councilmember George Weiss, and carried unanimously 5/0 to adopt Ordinance #1683 titled, "AN ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ADDING CHAPTER 7.85 OF THE
LAGUNA BEACH MUNICIPAL CODE PROHIBITING THE SALE, DISTRIBUTION, AND USE OF BALLOONS."
9. ANNUAL UPDATE OF THE CITY'S RECORDS RETENTION SCHEDULE Adopt Resolution #23.012 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, UPDATING THE CITY'S RECORDS RETENTION SCHEDULE."
10. UPDATED STATE AND FEDERAL LEGISLATIVE PLATFORM
Councilmember Alex Rounaghi stated that he had two additions to the legislative platform:
1) include in item #8, under Community Development, Housing and Land Use, ongoing dedication to obtaining County MHSA (Mental Health Services Act) funds; and 2) under Public Safety, add legislation that increases the penalties associated with the purchase and sale of fentanyl.
Councilmember George Weiss confirmed with staff that the legislative platform aligned with the City's programs and goals. He asked about the legislative process. Assistant to the City Manager Jeremy Frimond clarified how the legislative platform document directed the City's legislative advocacy efforts.
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City Manager Shoreh Dupuis pointed out that if there were important legislation that did not line up with the City's legislative platform, staff would bring the item before the City Council for review.
Councilmember Mark Orgill confirmed with staff that the City engaged in State and Federal legislative processes.
Public Testimony: Judie Mancuso, Environmental Sustainability Committee (ESC), stated that the ESC would be discussing and presenting to the City Council Assembly Bill 1628; the incorporation of microfiber filtration systems into all new washing machines by 2029.
Hoiyin Ip commented that she appreciated the City Council updating its legislative platform on a regular basis. She stated it is important to support legislation that reduces toxins, decreases all single-use products, and improves energy conservation and efficiencies (microgrids).
Matt Lawson, Environmental/Disaster Preparedness Committee, thanked City Council for including public safety issues in the legislative platform.
Assistant to the City Manager Jeremy Frimond responded to Hoiyin Ip stating that staff could include language in the platform pertaining to microgrids.
Councilmember Comments: Mayor Bob Whalen commented that he had a few changes to the legislative platform, and he described.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to:
(1) Approve and include the proposed revisions to the City's Legislative Platform as modified by the Council; and
(2) Authorize the Mayor and the City Manager, with the Mayor's approval, to submit advocacy letters on behalf of the City, if the proposed legislation falls within the adopted Legislative Platform.
11. DISPOSITION OF UNCLAIMED FUNDS SEIZED BY THE LAGUNA BEACH POLICE
DEPARTMENT
Authorized the City Treasurer to transfer $6,886.07 plus accrued interest to the General Fund for the benefit of the Laguna Beach Police Department.
12. ISSUANCE OF 10-DAY REPORT ON MEASURES TAKEN TO ALLEVIATE THE CONDITION THAT LED TO THE ADOPTION OF URGENCY ORDINANCE NO. 1668 RELATED TO SENATE BILL 2
Adopted and issued the 10-Day Report regarding Urgency Ordinance No. 1668 in accordance with Government Code Section 65858(d).
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13. 2023 CITY COUNCIL ANNUAL PLANNING WORKSHOP
Public Testimony: Penelope Milne commented on the Open Space Conservation Element, that in order to fund consultants to conduct the scientific studies, an update to the major watershed and drainage watercourse map would be necessary, and she explained. She briefly commented how number five on the list of updates for 2023; a comprehensive code update including multi-family zoning standards, relates to the Canyon.
Matt Lawson, Emergency/Disaster Preparedness, thanked staff for prioritizing projects that focused on public safety, and he explained.
City Manager Shoreh Dupuis responded to Penelope Milne's comments, stating that when the newly hired Deputy Director of Community Development is onboard, the five Community Development multi-year studies would be reviewed, and a plan would be brought before the City Council as part of the budget workshop that would include a schedule and funding needs.
Councilmember Comments: Councilmember Mark Orgill confirmed with the City Manager that the studies updates would not include the remainder of the Elements in the General Plan on the list of priorities for the City Council.
City Manager Shoreh Dupuis added that this list of priorities could be updated in May as part of the budget workshop.
Mayor Bob Whalen discussed updates to the priority list and clarified timing of projects with the City Manager.
Moved by Councilmember Alex Rounaghi, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Approve the 2023 City Council Priority Matrix, with the updates requested by the Council;
(2) Direct the City Manager to develop funding and implementation timelines for the new priorities;
(3) Approve the formation of a subcommittee of the City Council comprised of Councilmembers Orgill and Rounaghi to work with staff on the development of the scope of work and the procurement process for the Facilities Master Plan effort; and (4) Approve the Organizational Vision Statement.
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REGULAR ORDER
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14. CONDITIONAL USE PERMIT 22-2262, COASTAL DEVELOPMENT PERMIT 22-2263,
AND CATEGORICAL EXEMPTION TO CONVERT AN EXISTING RETAIL
BUILDING TO A CRAFT COFFEE HOUSE CAFE WITH RETAIL SALES Councilmember Mark Orgill recused himself from this item because of financial ties to the property owner at 397 North Coast Highway, the location for the proposed coffee shop.
Staff Report: Director of Community Development Marc Wiener gave a presentation summarizing the staff report regarding the proposed conversion of an existing retail building to a craft coffee house with retail sales at 397 North Coast Highway.
Councilmember Alex Rounaghi confirmed with staff that since this had been a 5-0 vote to approve from the Planning Commission and no public had opposed the conversion of the building, tonight's action was a formality.
Mayor Bob Whalen added that the item was before City Council because of the need to discuss the parking credits.
Public Testimony: Scott Sumner and Debbie Naude stated that they supported the conversion of the property to a coffee house.
John Thomas voiced parking concerns.
Karen Martin supported the conversion of the property to a coffee house, but asked if the parking waiver and Conditional Use Permit (CUP) would run with the land. Director of Community Development Marc Weiner stated that the parking credits ran with the CUP; however, the CUP did run with the land. Wiener said any amendments to the CUP would need to be approved by the City.
Questions of Staff: Councilmember Alex Rounaghi confirmed with staff that the outdoor seating was limited to the space and not the number of seats.
Councilmember Comments: Councilmember Alex Rounaghi commented that he saw the value of this resident-serving business that could enable local residents to walk to the coffee shop. He stated that he supported the recommended action. Rounaghi added that he would like to see parking becoming less restrictive in Laguna Beach and he explained.
Councilmember George Weiss voiced concerns over the lack of parking requirements for businesses.
Mayor Pro Tem Sue Kempf stated that she agreed with Councilmember Rounaghi. She commented that it is a perfect location to serve residents. -10-
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Mayor Bob Whalen said he would be supporting the recommended action. He added that it underscored the need to create parking standards that worked for the entire community, and he described.
Moved by Councilmember Alex Rounaghi, seconded by Councilmember George Weiss, and carried unanimously 4/0 (Councilmember Mark Orgill recused himself due to a potential financial conflict) to adopt Resolution #23.013 titled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 22-2262, COASTAL DEVELOPMENT PERMIT 22-2263, AND A CATEGORICAL EXEMPTION AT 397 NORTH COAST HIGHWAY." [Items 15 and 16 were presented together.]
15. COASTAL DEVELOPMENT PERMIT (CDP) 23-0172 FOR SITE IMPROVEMENTS AT THE ALISO BEACH PARKING LOT AT 31131 AND 31122 SOUTH COAST HIGHWAY (APNS: 056-020-33; 056-240-36)
Staff Report: Director of Transit and Community Services Michael Litschi gave a presentation describing the proposed Aliso Beach parking lots and parking rates.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember Alex Rounaghi, and carried unanimously 5/0 to:
(1) Adopt Resolution #23.014 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT 23-0172 FOR IMPROVEMENTS TO THE ALISO BEACH PARKING LOTS AT 31131 AND 31122 SOUTH COAST HIGHWAY (APNS: 056-020-33 AND 056-240-36) AND APPROVING AN EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT";
(2) Receive an update on how the City's current parking rate structure, authorized under CDP 20-7564, will be applied to Aliso Beach parking lot; and (3) Appropriate $108,000 from the South Laguna Fund to purchase and install signage and six new pay stations.
16. UPDATE ON SOUTH LAGUNA BEACHES INCLUDING ADOPTION OF AN
URGENCY ORDINANCE TO ENSURE CONTINUITY OF OPERATIONS IN SOUTH
LAGUNA BEACHES, ADOPTION OF A RESOLUTION ESTABLISHING BEACHES
AND COASTAL-ADJACENT PARKS HOURS AND TIMES DOGS ARE PROHIBITED
UPON BEACHES, AND ADOPTION OF A RESOLUTION ADDING THE INLAND
ALISO BEACH PARKING LOT TO THE SHOPPERS PERMIT
Staff Report: Assistant City Manager and Chief Financial Officer Gavin Curran gave a presentation on the transition of South Laguna Beaches from the County of Orange to the City of Laguna Beach on March 1, 2023. Marine Safety Chief Kevin Snow continued with the presentation describing Marine Safety operations in South Laguna. -11-
Laguna Beach City Council Minutes February 21, 2023
Mayor Pro Tem Sue Kempf asked about the creation of skimboarding zones as opposed to maintaining the regulations the County had in place. Marine Safety Chief Kevin Snow responded, and a discussion ensued.
Assistant City Manager and Chief Financial Officer Gavin Curran continued with the presentation, summarizing the proposed changes.
Mayor Pro Tem Sue Kempf asked about the Urgency Ordinance. Deputy City Attorney Ajit Thind stated that the Urgency Ordinance would make changes to the municipal code; however, he said an accompanying resolution would allow for changes to be made more easily.
Councilmember Mark Orgill confirmed with the Deputy City Attorney that this ordinance did not address the sale of alcohol from a particular distance from the beach.
Deputy City Attorney Ajit Thind clarified that additional changes to the code could be made and would be brought to the City Council in the fall.
Assistant City Manager and Chief Financial Officer Gavin Curran concluded the presentation of the proposed additional changes and staff recommendations.
Councilmember Mark Orgill thanked staff for their efforts to ensure the March 1, 2023, transition went smoothly.
Public Testimony: Mike Beanan thanked staff for working with the residents of South Laguna. He highlighted the importance of providing protection to the Aliso Beach sand berm.
Joanne McMann also expressed her concerns with the Aliso Beach sand berm and estuary, and Ann Christoph stated it would be important to establish an estuary plan to address residents' concerns.
Debbie Naude expressed appreciation for staff maintaining a flexible zone for skimboarding.
She asked about storage for equipment on the inland side of the Aliso Beach parking lot.
Claudia Redfern, Garth Wykoff, Greg Viviani, Francis Naude, and Alison King encouraged the City Council to approve the resident shoppers permit on both the inland and the coastal parking lots at Aliso Beach.
Aaron Peluso stated that he appreciated staff attempting to work on a skimboarding plan that worked for everyone, and he suggested rolling the County rules for skimboarding over to the City rules and monitor the situation. Garth Wykoff, Samuel Stinnett, Greg Viviani, Scott Bartman, Francis Naude, Blaire Conklin, Adam Redding-Kaufman, Ann Christoph, and Bridgett Storm echoed comments in support of maintaining County rules for skimboarding zones.
Greg O'Loughlin listed several suggestions from the South Laguna Civic Association. -12-
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John Thomas asked the City Council to establish the operation of hours by an ordinance rather than a resolution.
Ann Christoph stated that she supported holding the listening meeting in South Laguna and she asked about the firepits on Aliso Beach. Christoph suggested utilizing trash receptacles as recommended in the Landscape and Scenic Highways Element.
Marine Safety Chief Kevin Snow responded to several of the public speaker's questions and concerns.
Councilmember Comments: Councilmember George Weiss stated that the public comments supported not changing the County's regulations pertaining to skimboarding and surfing. He said that it appeared to be working well, adding that he was of the opinion that if it "wasn't broke don't fix it."
Marine Safety Chief Kevin Snow pointed out that it is safer to manage beaches with designated hardboard use separate from other activities. He said that there had been no data provided by the County to state there had been no injuries from hardboards; however, he added that going forward the City would be collecting this data.
Councilmember George Weiss commented that he supported allowing residents to use their shoppers permit for both parking lots at Aliso Beach.
Mayor Bob Whalen stated that he supported making the resident shoppers permit parking valid for both coastal and inland Aliso Beach parking lots. He suggested maintaining the County regulations for skimboarding/surfing and direct staff to return to the City Council at the end of the summer with a report.
Mayor Pro Tem Sue Kempf commented that she supported maintaining skimboarding rules the same as the County and assessing the situation in the fall.
Councilmember Alex Rounaghi confirmed with the Mayor that all of the South Laguna beaches would remain open to skimboarding/surfing, with the exception of a designated area at Aliso Beach.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember George Weiss, and carried unanimously 5/0 to adopt Urgency Ordinance #1684 titled, "AN URGENCY
ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, REVISING SECTIONS 6.16.020, 18.05.010, 18.05.040, 18.16.010, 18.16.030, AND 18.20.020 OF THE LAGUNA BEACH MUNICIPAL CODE AND ADDING SECTION 18.04.055 TO THE
LAGUNA BEACH MUNICIPAL CODE TO ENSURE CONTINUITY OF OPERATIONS
IN SOUTH LAGUNA BEACHES, AND DECLARING THE URGENCY THEREOF PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36937," to ensure continuity of operations in South Laguna beaches by (a) asking the City Clerk to read the title of the Ordinance and (b) approving a motion to waive further reading of the Ordinance and to adopt the Ordinance as an urgency measure;
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Moved by Councilmember George Weiss, seconded by Councilmember Alex Rounaghi, and carried unanimously 5/0 to adopt Resolution #23.015 titled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ESTABLISHING
HOURS THAT BEACHES AND COASTAL-ADJACENT PARKS ARE CLOSED TO THE PUBLIC AND DATES AND TIMES DOGS ARE PROHIBITED UPON BEACHES," to establish hours that beaches are closed to the public and dates and times dogs are prohibited upon beaches;
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember George Weiss, and carried unanimously 5/0 to authorize and appropriate the use of one-time funds for additional equipment and personnel expenditures to the Fiscal Year 2022-23 Adopted Budget to include authorizing the addition of one full-time Equipment Operator and one full-time Maintenance Worker II;
Moved by Councilmember Mark Orgill, seconded by Councilmember Alex Rounaghi, and carried unanimously 5/0 to allow the use of resident Shoppers Parking Permits in the coastal and inland Aliso Beach parking lots by adopting the Resolution titled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ADDING THE ALISO BEACH PARKING LOTS TO THE SHOPPERS PERMIT PROGRAM"; Moved by Councilmember George Weiss, seconded by Councilmember Alex Rounaghi, and carried unanimously 5/0 to direct staff to hold a public meeting with residents of South Laguna on March 14, 2023, and return to the City Council in May with an update of that meeting and any recommended operational changes;
Moved by Councilmember Alex Rounaghi, seconded by Councilmember George Weiss, and carried unanimously 5/0 to determine the above-recommended actions are exempt from the CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND
Moved by Mayor Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to direct staff to maintain current County rules regarding designated hard board areas through the summer and report back to Council in the fall with any recommended revisions based on data collected.
[Item 17 was heard after Item 18.]
17. REVISED FUND BALANCE FOR THE FISCAL YEAR 2021-22, MID-YEAR BUDGET MODIFICATIONS FOR THE FISCAL YEAR 2022-23, AND A RESOLUTION
APPROVING SALARY SCHEDULES
Staff Report: Assistant City Manager and Chief Financial Officer Gavin Curran briefly listed highlights in the staff report.
City Manager Shoreh Dupuis suggested an amendment to Table 4 in the staff report and she explained.
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Laguna Beach City Council Minutes February 21, 2023
Mayor Pro Tem Sue Kempf thanked staff for implementing an IT assessment test.
Councilmember Alex Rounaghi said the Housing & Human Services Committee was requesting $15,000 to fund three separate workshops on ADUs.
Mayor Pro Tem Sue Kempf asked about revenue smoothing for FY 2023-24. Assistant City Manager and Chief Financial Officer Gavin Curran explained the purpose of this category, and stated that he was comfortable with the estimates that were listed.
Public Testimony: Matt Lawson and Rex Theobald stated that they were pleased there are public safety and fire mitigation measures included in the budget.
Moved by Mayor Bob Whalen, seconded by Councilmember Alex Rounaghi, and carried unanimously 5/0 to:
(1) Update the Fiscal Year 2022-23 Adopted Budget by accepting June 30, 2022, ending fund balances;
(2) Modify the Fiscal Year 2022-23 Adopted Budget and approve the additional appropriations and adjustments as recommended in the report, adding the $15,000 requested by the Housing & Human Services Committee to Table 2, and adding "and Improvements" to the description of item 1 in Table 4;
(3) Adopt the salary schedules for Fiscal Year 2022-23 by adopting Resolution #23.016 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, SETTING PAY RANGES FOR CITY EMPLOYEES," which ratifies the compensation for hourly part-time employees; and (4) Authorize the City Manager to amend the contract with Indacochea Sheep Ranch to increase it by $65,000, and extend its termination date to December 31, 2023. [Item 18 was heard before Item 17.]
18. UPDATE ON SOLAR PANEL INSTALLATION ASSESSMENT AT CITY FACILITIES
AND ENROLLMENT IN SOUTHERN CALIFORNIA REGIONAL ENERGY
NETWORK
Staff Report: Assistant to the City Manager Jeremy Frimond gave a presentation updating the City Council on the installation of solar panels on city facilities. Vance Williams, Compass Energy Solutions, continued with the presentation, describing potential solar panels at the Act V parking lot. Assistant to the City Manager Jeremy Frimond concluded the presentation summarizing the proposed installation of solar panels on City facilities.
Questions of Staff: Mayor Pro Tem Sue Kempf discussed Southern California Edison's sunset clause ending in April that would offer benefits to the City for installing solar panels. -15-
Laguna Beach City Council Minutes February 21, 2023
Vance Williams, Compass Energy Solutions listed the three steps necessary to meet the April deadline.
Assistant to the City Manager Jeremy Frimond further explained the components to the sunset clause and the 20-year grandfathering of the proposed projects. A discussion ensued.
Mayor Bob Whalen confirmed with the consultant that the building at Act V had been reviewed for potential solar panels, but it would not receive maximum sun exposure. He asked that if the City Council approved building a parking structure at Act V, could solar panels be added. Vance Williams, Compass Energy Solutions, stated that solar panels could be built on top of the parking structure.
Councilmember George Weiss confirmed with the consultant that if a project were not submitted prior to the April deadline, that project would not take part in the benefits currently being offered in the Southern California Edison's program.
A discussion ensued regarding the consultant's cash flow analysis and the return on the City's investment, as well as the importance of participating in the current program.
Councilmember Alex Rounaghi asked for clarification regarding sole source procurement rather than bidding out the projects. City Manager Shoreh Dupuis responded that the City would have three years from the time of applying to the program until the project began construction, and she explained the City's position if it went with a sole source contract.
Councilmember George Weiss confirmed with the consultant that there would be no additional cost to assist the City with the application process.
Councilmember Mark Orgill voiced concerns about the costs of installing solar panels on a parking lot as opposed to a parking structure. Fred Ghahramani, Compass Energy Solutions, explained the costs of installing solar panels on a parking structure.
City Manager Shoreh Dupuis suggested applying for two options; one on the existing building at the Corporate Yard and the other on the parking lot.
Councilmember Mark Orgill confirmed with the consultant that there would not be a restriction for the City to run a conduit from Act V to City Hall.
Mayor Bob Whalen confirmed with staff that there would not be a penalty for backing out of a proposed project.
Public Testimony: Judie Mancuso, Environmental Sustainability Committee, suggested moving forward with a few projects to lock in rates. She supported submitting a request for proposals (RFP) for the projects. Mancuso added that the solar panels should be manufactured in the United States, not China.
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Laguna Beach City Council Minutes February 21, 2023
Hoiyin Ip said she supported moving forward with installing solar panels on City facilities.
Jim Danziger cautioned the City Council about the increased costs of adding solar panels to a parking structure.
Councilmember Comments: Mayor Bob Whalen said he supported moving forward with several potential locations on City facilities.
Councilmember Alex Rounaghi commented that he agreed with Mayor Whalen to move forward, and he explained.
City Manager Shoreh Dupuis confirmed with the consultant that there would be no additional fees for conducting a green energy facility assessment at other City facilities.
Fred Ghahramani, Compass Energy Solutions, explained their role as the City's consultant.
He stated that they could conduct RFPs on behalf of the City.
Moved by Councilmember Alex Rounaghi, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Direct staff to proceed with enrolling proposed solar panel system concepts for Act V and the Laguna Beach Community & Susi Q Senior Center into the NEM-A program, subject to the condition that enrollment will not obligate the City to implement the project; and
(2) Authorize the City Manager to execute an agreement with Southern California Regional Energy Network to conduct a green energy facility assessment of City facilities.
ADJOURNMENT
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There being no further business, Mayor Whalen declared adjournment at 11:37 p.m., Tuesday, February 21, 2023, with the regular meeting to be adjourned to 5:00 p.m., Friday, February 24, 2023, for the purpose of resuming and completing the unfinished Closed Session items, which shall then be 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, March 7, 2023, at City Hall, 505 Forest Avenue, Laguna Beach California.
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Approved: March 7, 2023 Porcibal
Bob Whalen, Mayor
Ann Marie McKay, City Cler
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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
February 21, 2023
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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, February 21, 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 11:37 p.m., Tuesday, February 21, 2023, adjourned to the continued Closed Session at 5:00 p.m. Friday, February 21, 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, March 7, 2023, 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 22nd day of February 2023.
ulka
„CORPORATED City Clerk of the City of Laguna Beach California JUNE 29,192
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, February 21, 2023, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on February 22, 2023, at the hour of 10:15 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 Beách, California