Laguna Beach City Council Minutes May 16, 2023
MINUTES
LAGUNA BEACH CITY COUNCIL
HYBRID VIRTUAL/IN-PERSON REGULAR MEETING
May 16, 2023
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, May 16, 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
Mayor Bob Whalen led the Pledge of Allegiance.
CITY COUNCIL BUDGET WORKSHOP 3:00 Р.М. - 5:00 P.M.
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BUDGET WORKSHOP
City Manager Shoreh Dupuis explained the budget workshop format.
Staff Report: Assistant City Manager and CFO Gavin Curran gave a presentation reviewing the proposed budget for Fiscal Year 2023-2024 budget. Director of Public Works Mark McAvoy continued the presentation discussing the 10-Year Capital Improvement Program (CIP). Assistant City Manager and CFO Gavin Curran concluded the presentation discussing department funding requests not included in the budget, and the next steps for the proposed budget.
Questions of Staff: Mayor Pro Tem Sue Kempf confirmed with staff that the city had converted the majority of its streetlights to LED. She asked about the Transient Occupancy Tax (TOT).
Assistant City Manager and CFO Gavin Curran explained why not all of the hotels in Laguna Beach would be included in the TOT.
In response to Mayor Pro Tem Sue Kempf's question about the cyber security threat assessment at City Hall and the costs associated, Assistant City Manager and CFO Gavin Curran described the city's cyber security enhancements.
Mayor Pro Tem Sue Kempf confirmed with staff that the City Council would be receiving an updated report on the fire department cost recovery at a future City Council meeting.
She asked about the new positions in Community Development. -1-
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City Manager Shoreh Dupuis described the Community Development positions, both open and currently filled.
Mayor Pro Tem Sue Kempf asked about the possibility of increasing trolley service for school children living in Laguna Audubon. City Manager Shoreh Dupuis recommended that Director of Transit and Community Services Michael Litschi meet with the school district and residents to assess the needs of the community. Dupuis suggested that extending the Laguna Local on-demand neighborhood transit service to the area may be a possibility.
In response to Mayor Pro Tem Sue Kempf's question about the project to widen Bluebird Canyon Road, Director of Public Works Mark McAvoy gave an update.
Councilmember Alex Rounaghi asked about the process for the annual assessment concerning the City Treasurer's and City Clerk's pay. Assistant City Manager and CFO Gavin Curran advised that at the budget adoption meeting, the City Council discusses awarding the City Treasurer and City Clerk zero to five percent salary increase. City Manager Shoreh Dupuis commented that because these two positions were elected, there is no formal performance evaluation process in place.
Councilmember Alex Rounaghi asked about the city's unfunded pension liability payoff.
Assistant City Manager and CFO Gavin Curran explained the city's current unfunded pension liability and payoff options.
Councilmember Alex Rounaghi asked about the timing of CIPs. Director of Public Works Mark McAvoy explained various scenarios that impacted the timing of CIPs.
Councilmember Alex Rounaghi asked about outreach programs for CIP and engaging the public. Director of Public Works Mark McAvoy stated that each project would be treated differently, and he described the various public outreach processes for specific projects.
Councilmember Alex Rounaghi asked about the implementation of funding electric city vehicles. City Manager Shoreh Dupuis discussed the process to convert the city's fleet to electric and the need for a phased plan.
Councilmember Alex Rounaghi confirmed with staff that city fees would need to double or triple in order to garner 100% cost recovery, and there is no set policy to determine a certain required percentage of cost recovery. He asked about the request to change the Communications Coordinator position from part-time to full-time. City Manager Shoreh Dupuis explained the rationale for making the Communications Coordinator a full-time position.
Councilmember Alex Rounaghi commented on his support to engage the public on projects without the need to attend meetings, and a discussion ensued. -2-
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Councilmember Alex Rounaghi suggested creating a timeline for CIPs that included funded and unfunded projects with quarterly updates.
Councilmember George Weiss discussed the vehicle replacement program and the need to purchase electric vehicles. He commented on the importance of a permanent source for funding affordable housing. Councilmember Weiss asked about the $4.2 million earmarked for South Laguna improvements.
Assistant City Manager and CFO Gavin Curran explained how the South Laguna improvements would be funded.
City Manager Shoreh Dupuis responded to Councilmember Weiss' question regarding funding sources for affordable housing, and a discussion ensued.
Councilmember Mark Orgill reiterated a few items that had already been discussed including transportation to the Laguna Audubon, and a communication plan.
City Manager Shoreh Dupuis informed Councilmember Orgill that staff would be presenting the City Council with a comprehensive improved communication plan in August.
Public Testimony: Lenny Vincent, John Thomas, Scott Sebastian, Ann Christoph, Anne Caenn, and Jacob Cherub argued the need to purchase vacant lots across from the Village Green Park in South Laguna and turn them into additional park space, and the importance of restoring the historic digester building.
Tom Gibbs, Matt Lawson, Sonny Myers, Bill Niccum, Rex Theobald, Tim Templeton, and Dr. Phil Dodge commented on the importance of funding an Emergency Operations Center (EOC).
Ketta Brown commented on the significance of the city's commitment to affordable housing.
Mike Beanan, Laguna Bluebelt Coalition, commented on the Aliso berm program and the need for additional funding.
Councilmember Comments: Mayor Bob Whalen remarked on the following: direct staff to develop an ongoing revenue stream to fund housing needs; funding and implementation of the EOC by mid-year; and an updated pro forma on the South Laguna fund.
Councilmember George Weiss discussed housing, the South Laguna park, and a master facilities plan.
Councilmember Mark Orgill commented on the South Laguna vacant lots, an EOC plan, housing, and the need to support the Heritage Committee and the nonprofit Laguna Beach Beautification Council.
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Councilmember Alex Rounaghi remarked on the EOC, the budget process, the need to conduct a comprehensive review of city fees, the parking master plan, and the importance of an ongoing funding stream for affordable housing.
Mayor Pro Tem Sue Kempf discussed the Heritage Committee and the nonprofit Laguna Beach Beautification Council, the facilities master plan, housing needs, and suggested leasing the property in South Laguna.
Mayor Bob Whalen stated that he agreed with the Councilmembers' comments, and he asked for an update on the historic digester building.
City Manager Shoreh Dupuis responded to Mayor Whalen and explained the restoration process for the historic digester building.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember Alex Rounaghi, and carried unanimously 5/0 to direct staff to identify an ongoing revenue stream for affordable housing in this year's budget or future budgets, consider including the $25,000 requested by the Heritage Committee, and evaluate the $10,000 request by the nonprofit Laguna Beach Beautification Council.
The Council also requested that staff provide an updated pro forma on the South Laguna fund after the budget adoption, investigate options to lease available property in South Laguna for use as a dog park, include already available performance metrics in future budgets, and identify potential transit options for residents and Laguna Beach Unified School District students on El Toro Road.
THERE WAS A 30-MINUTE BREAK WHILE THE CITY COUNCIL HOLDS ITS CLOSED SESSION MEETING 5:00 p.m. - 5:30 p.m.
CLOSED SESSION
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Public Employment (pursuant to Government Code section 54957(b)) - City Attorney. Discussion regarding anticipated retirement of City Attorney and proposed process for appointment of new City Attorney.
City Manager Shoreh Dupuis reported that in this evening's Closed Session, the City Council discussed the RFP (Request for Proposals) related to the anticipated retirement of the current City Attorney, and took no reportable action.
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EXTRAORDINARY BUSINESS
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PROCLAMATION DECLARING JUNE 2, 2023, AS NATIONAL GUN VIOLENCE
AWARENESS DAY IN LAGUNA BEACH
Adopted the proclamation declaring June 2, 2023, as National Gun Violence Awareness Day in the City of Laguna Beach.
PROCLAMATION FOR NATIONAL PUBLIC WORKS WEEK
Adopted the proclamation recognizing the week of May 21-27, 2023, as National Public Works Week in the City of Laguna Beach.
PUBLIC COMMUNICATIONS
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Ganka Brown commented on Councilmember George Weiss' traffic stop.
David Dyraes expressed his frustration and concerns regarding a neighbor's deck. Councilmember George Weiss requested a meeting with Community Development Director Marc Wiener to discuss Dyraes' concerns.
Tamara Dowell commented on the May 2 events that occurred at 14 West from an ongoing civil dispute between the owner and the investment group. Michael Kluchin, Andrew Stupin, Marc Cohen, and Jason Miller from the investment group provided their perspective of the incident and situation. Tony Fisch also opined on the situation.
Pat Gallis requested status updates on the CEQA-related lawsuits filed against the City.
Steve Mcintosh commented on the Laguna Beach Unified School District's proposed plan and recent open house, and requested clarification on the upcoming joint meeting with the City Council. Gary Kasik, Steve Brown, Derick Day, and Will Petway also commented on the School District's proposal.
Regina Hartley and Jacob Cherub noted Village Laguna's upcoming Charm House Tour.
Chris Catsimanes reiterated his assertion regarding his view of the City's responsibility to obtain appraisals for acquisition of properties.
Jim Grossberg and Michele Monda reiterated their demand for undisclosed records related to the City Manager's traffic stop in November. Michele Monda also reiterated her issues with the comments made by the City Manager at a previous Council meeting accusing specific residents of harassment.
Mike Beanan, Laguna Bluebelt, announced upcoming Bluebelt events.
Lorene Laguna commented on last week's Parking and Transportation Demand Management public workshop.
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COUNCIL AND STAFF REPORTS
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City Clerk Ann Marie McKay reminded everyone that applications for the June interviews and appointments for positions on the Planning Commission, Arts Commission, Emergency / Disaster Preparedness Committee, Housing & Human Services Committee, and Personnel Board must be received by the City Clerk's Office no later than 5:00 p.m. on Thursday, May 18.
City Treasurer Laura Parisi reported that she was on the interview board for the Huntington Beach Treasury Manager position, and that she had a networking lunch with the County Treasurer.
Councilmember George Weiss praised the Pacific Opera Project performance arranged by the Arts Commission. He also noted upcoming Heritage Month events. Councilmember Weiss commented on Gun Violence Awareness Month and the need for more federal regulation. He also commented on the May 2 events at 14 West and Hotel Laguna and requested an investigation.
Councilmember Mark Orgill also noted upcoming Heritage Month events. He assured that he will look into Monda's requests and provide a reponse. Councilmember Orgill advised that City Attorney Phil Kohn will advise the Council on the May 2 events.
Councilmember Alex Rounaghi also commented on Gun Violence Awareness Month. He reported that the Laguna Beach County Water District is currently accepting applications to serve on its Commission. Councilmember Rounaghi reported that he attended the ACC-OC Board of Directors Installation & Reception, where he was able to discuss the regional benefits of undergrounding utilities on Laguna Canyon Road. He also reported on his recent tour of the Laguna Food Pantry.
Councilmember Alex Rounaghi also commented on the Parking and Transportation Demand Management public workshop and the importance of civility for a productive exchange of ideas.
Regarding the May 2 events, Councilmember Rounaghi stated that he looks forward to hearing the facts.
Mayor Pro Tem Sue Kempf also commented on Gun Violence Awareness Month. She noted tomorrow's Promenade workshop, and reiterated Councilmember Rounaghi's sentiments on civility and the Parking and Transportation Demand Management public workshop.
Mayor Bob Whalen reported that the Parking and Transportation Demand Management report is posted, and comments can be submitted until May 24. He also reported on the police ride-a-long he had on Friday night and the insights it provided him on the impressive way the Police Department interacts with the public using different approaches for different situations, such as DUI, domestic disturbance, routine traffic stops, and mental distress calls.
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 - 8 and 10 - 12.
MINUTES OF THE CITY COUNCIL MEETING
Approved the revised Minutes of the Regular Meeting of the City Council of May 2, 2023. -6-
Laguna Beach City Council Minutes May 16, 2023
WARRANT LISTING
Approved the General Warrants and payroll disbursements.
Warrants: $1,909,789.95 04/28/2023
$ 52,340.96 05/04/2023
$1,962,130.91
Payroll #22 $1,503,085.43 05/05/2023
Total $3.465.216.34
CITY TREASURER'S MONTHLY INVESTMENT REPORT FOR MARCH 2023 Received and filed the Monthly Investment Report for March 2023.
REJECT ALL BIDS FOR MOSS STREET BEACH ACCESS IMPROVEMENTS Rejected all bids for the Moss Street Beach Access Improvements and directed staff to re- bid the project.
PURCHASE OF REPLACEMENT BEACH CLEANING MACHINE
Sunrise her from stager All Terrain elicies, Ince Tor an amount not to eac $164,000.
AWARD OF CONSTRUCTION CONTRACT FOR FIRE STATION 1
IMPROVEMENTS
(1) Awarded and authorized the City Manager to execute contract #23-31 with California Building Evaluation and Construction, Inc., in the amount of $237,400, for Fire Station 1 improvements; and
(2) Authorized the City Manager to approve project related expenses, and construction change orders for unforeseen circumstances for an amount not-to-exceed $23,000.
9. AWARD OF CONSTRUCTION CONTRACT FOR THE BLUEBIRD STORM DRAIN
OUTFALL AND DIVERSION STRUCTURE REHABILITATION
Councilmember George Weiss pulled this item to gather more information.
Staff Report: Director of Public Works Mark McAvoy described the proposed project and a discussion ensued.
Moved by Councilmember George Weiss, seconded by Councilmember Alex Rounaghi, and carried unanimously 5/0 to:
(1) Award and authorize the City Manager to execute contract #23-32 with Beador Construction Company, Inc., in the amount of $1,123,300, for the Bluebird Storm Drain Outfall and Diversion Structure Rehabilitation
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(2) Authorize the City Manager to approve project related expenses and construction change orders for unforeseen circumstances for an amount not-to-exceed $150,000; and (3) Transfer an appropriation of $404,000 in project savings from the Summit Drive Storm Drain Improvement Project to the Bluebird Storm Drain Outfall Project to fully fund the project.
10. AWARD OF SERVICE PROVIDER AGREEMENT FOR HVAC MAINTENANCE
SERVICES
(1) Authorized the City Manager to execute service provider agreement #23-33 with A & H Refrigeration, Inc. for a three-year term commencing on July 1, 2023, to provide HVAC maintenance services for an annual cost of $45,540; and (2) Authorized the City Manager to extend the contract for two additional one-year terms with a Consumer Price Index (CPI) based rate adjustment if services are satisfactory.
11. RESOLUTION APPROVING SENATE BILL 1 ROAD MAINTENANCE, STREET
MAINTENANCE, REHABILITATION, AND SAFETY PROJECTS FOR FISCAL YEAR 2023-24
Adopted Resolution #23.031 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017."
12. ADOPTION OF ORDINANCE AMENDING THE LAGUNA BEACH MUNICIPAL CODE TO REPEAL AND REPLACE CHAPTER 25.17 (SECOND RESIDENTIAL UNITS) WITH CHAPTER 25.17 (ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS) AS MODIFIED BY THE CALIFORNIA COASTAL
COMMISSION, AND APPROVAL OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
Adopted Ordinance #1687 titled, "AN ORDINANCE OF THE CITY OF LAGUNA
BEACH, CALIFORNIA, REPEALING AND REPLACING LAGUNA BEACH MUNICIPAL CODE CHAPTER 25.17 (SECOND RESIDENTIAL UNITS) AND AMENDING LAGUNA BEACH MUNICIPAL CODE SECTIONS 25.10.004 (R-1 RESIDENTIAL LOW DENSITY ZONE, USES PERMITTED), AND 25.15.006 (R/HP
RESIDENTIAL/HILLSIDE PROTECTION ZONE, USES PERMITTED), RELATING
TO THE REGULATION OF ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS, AS MODIFIED BY THE CALIFORNIA COASTAL
COMMISSION, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT" by approving a motion to waive further reading and adopt the Ordinance.
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REGULAR ORDER
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[Agenda Item 14 was heard at this time]
13. AWARD OF PROFESSIONAL SERVICES CONTRACTS FOR LAGUNA CANYON
ROAD PRELIMINARY ENGINEERING AND ENVIRONMENTAL DOCUMENT (INCLUSIVE OF OUTREACH SERVICES) AND FOR PROJECT MANAGEMENT
SERVICES
Staff Report: Assistant Director of Public Works Tom Perez gave a presentation describing the professional services contract for the Laguna Canyon Road preliminary engineering and environmental document.
Questions of Staff: Councilmember Mark Orgill asked about expediting the studies.
Assistant Director of Public Works Tom Perez responded that Caltrans would assist in maintaining a smooth process.
Councilmember George Weiss voiced concerns about the $100 million funds for the Laguna Canyon Improvements project. Assistant Director of Public Works Tom Perez described the funding sources for the project and City Manager Shoreh Dupuis explained that once these environmental studies were conducted, additional grant opportunities could be explored.
Councilmember Mark Orgill confirmed with staff that prior intersection studies would be utilized in the project.
Public Testimony: Ann Christoph cautioned staff on design alternatives that were too impactful to the canyon. She urged the City Council to pare down the expansion of Laguna Canyon Road
Lorraine Laguna suggested including a multi-use pathway from Canyon Acres to downtown.
Mayor Bob Whalen confirmed with staff that the proposed project would not add any travel lanes to Laguna Canyon Road.
Councilmember Comments: Councilmember Alex Rounaghi stated that undergrounding utility poles on Laguna Canyon Road is vitally important to public safety. He commented on the expertise of the proposed team of consultants for the project and the significance of obtaining grants. Councilmember Rounaghi stressed the value of a robust outreach program and garnering input from the community.
Mayor Bob Whalen commented that the recommended consultant presented an excellent proposal and the consultant team is very capable. He added a recommendation to the motion for staff to bring funding options back to the City Council to review. -9-
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Councilmember Mark Orgill encouraged the public to read the project's goals in the staff report.
Mayor Pro Tem Sue Kempf thanked Councilmember Rounaghi, Mayor Whalen, and staff or their work going through the proposals. She commented that the proposal was ver omplete. She highlighted the importance of creating a safe environment for cyclists in th canyon.
Moved by Mayor Bob Whalen, seconded by Councilmember Alex Rounaghi, and carried unanimously 5/0 to:
(1) Award and authorize the City Manager to execute contract #23-34 with Mark Thomas & Company, Inc. in the amount of $3,557,953 for design, environmental, and outreach services for the Project Approval & Environmental Document phase of the Laguna Canyon Road Improvements project;
(2) Authorize the City Manager to approve change orders for additional services that may be required in an amount not-to-exceed $350,000;
(3) Award and authorize the City Manager to execute professional services agreement #23-35 with Tony Rahimian, P.E., sole proprietor, in the amount of $150,500 for Project Management services for one-year to lead the Laguna Canyon Road Project Approval & Environmental Document's efforts;
(4) Authorize the City Manager to extend the contract with Tony Rahimian, P.E., sole proprietor, for up to two additional years at the same hourly rate if services are satisfactory; and
(5) Direct staff to bring funding options for the project back to the Council.
14. RESOLUTION TO INCREASE RESIDENTIAL SOLID WASTE COLLECTION
SERVICE MAXIMUM RATES
Staff Report: Senior Public Works Analyst Liz Avila gave a presentation explaining the rate increase of residential solid waste collection services.
Public Testimony: Jacob Cherub and Anne Caenn commented on the item.
Moved by Councilmember George Weiss, seconded by Councilmember Alex Rounaghi, and carried unanimously 5/0 to adopt Resolution #23.032 titled, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, SETTING MAXIMUM SOLID WASTE SERVICE RATES AND REPEALING RESOLUTION NO.
21.059 AND ALL RESOLUTIONS INCONSISTENT HEREWITH."
[Agenda Item 13 was heard at this time]
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15. UPDATE ON OPERATION OF SOUTH LAGUNA BEACHES
Staff Report: Marine Safety Chief Kevin Snow gave a presentation updating the City Council on the operation of the South Laguna beaches.
Assistant City Manager and CFO Gavin Curran added that staff will continue to monitor the South Laguna beaches through the summer months and return to the City Council with another update in January 2024.
Questions of Staff: Councilmember George Weiss asked about additional signage at the beaches. Marine Safety Chief Kevin Snow clarified the areas where staff is recommending signage for safety purposes.
Councilmember George Weiss confirmed with staff that the recommendation to move the lifeguard tower on West Street beach is for fire safety reasons. He asked about the installation of fire pits at Aliso Beach.
City Manager Shoreh Dupuis explained the process to install fire pits at Aliso Beach, and a discussion ensued
Councilmember Alex Rounaghi discussed proposed signage, adding restrooms, protecting the Aliso berm, and special events permits.
Mayor Pro Tem Sue Kempf asked about trash collection. City Manager Shoreh Dupuis described the proposed trash service for South Laguna beaches.
Mayor Pro Tem Sue Kempf asked about the signage protecting the Aliso berm and a discussion ensued
Public Testimony: Billy Fried, a member of the public, Will Petlay, Marcus Himhof, Pat Gallis, and Mitch Smitz stated that they support wood-burning fire pits at Aliso Beach, and they explained.
Craig Cooley said he supports the pride lifeguard tower on West Street beach, fire pits, and special events.
Debbie Marshall, Ron Marshall, Mark Puente, John Meehan, Carol Chickering, Jim Dewey, Donna Roth, and Bob Chickering voiced safety concerns about installing the pride lifeguard tower at West Street beach, and they described.
Jinger Wallace suggested activating a camera at Aliso berm to supervise protection of the berm. Mike Beanan said he was concerned about the berm being breached at Aliso and he suggested adopting a citywide ordinance.
John Thomas commented on a few concerns including afterhours beach security, security cameras, fire pits, and trash collection.
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Ruben Flores said that he supported the pride lifeguard tower, and he discussed fire pits and the Aliso berm.
Joanne McMahon voiced concerns about wood-burning fire pits.
Marine Safety Chief Kevin Snow addressed the public's comments regarding a camera monitoring the Aliso berm.
Mayor Bob Whalen suggested utilizing the city's park rangers to monitor the berm. He asked about after-hours supervision at the beaches, and a discussion ensued.
Fire Chief Niko King commented on the fire hazards at the beaches in South Laguna and his reasons for opposing installation of wood-burning fire pits. A discussion ensued.
Councilmember Comments: Councilmember Alex Rounaghi suggested more descriptive warning signage in areas that were hazardous.
Mayor Bob Whalen asked about the location of public restrooms in South Laguna and a discussion ensued
Councilmember Alex Rounaghi commented that wood-burning fire pits were pre-existing at Aliso Beach, and he offered suggestions to mitigate fire hazard concerns.
Councilmember Mark Orgill said he supported wood-burning fire pits.
Councilmember George Weiss suggested a combination of wood-burning and propane fire pits to mitigate any fire hazards.
Mayor Pro Tem Sue Kempf confirmed that staff would address dead vegetation on the cliff at West Street beach.
Mayor Bob Whalen suggested moving the pride lifeguard tower further away on the beach to accommodate the concerned residents.
Councilmember Alex Rounaghi suggested staff explore potential business employee parking at the South Laguna post office. He said that protection of the Aliso berm requires educating the public with signage and drafting an ordinance for enforcement.
Moved by Mayor Bob Whalen, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to:
(1) Direct staff to provide more warning signage at key locations in South Laguna for the potential for naturally occurring hazards, including applying for a Coastal Development Permit to provide signage at locations within existing signage infrastructure; (2) Direct staff to return to the City Council with a rental program for City portable propane fire pits at Aliso Beach; and with a process to proceed with permitting, procurement, and installation of permanent wood burning fire pits at Aliso Beach, with mitigation measures to address potential hazards;
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(3) Approve moving the Pride Tower south of the current location, install a camera at, or near, the location to address resident safety concerns, and address dead vegetation on the chitt;
(4) Direct staff to continue the County's practice of implementing measures suggested by the Regional Board, including education, install signage stating do not dig, breach, or alter the berm, return to Council at a future meeting with a draft ordinance for enforcement, and return to the City Council in January 2024 for an update focused on lessons learned over the summer regarding South Laguna beaches, including an update on Aliso Creek and the berm at Aliso Beach; and
(5) Direct staff to establish a special event permit process to authorize private events at Aliso Beach and other South Laguna beaches as needed.
16. UPDATE ON OUTDOOR DINING PROGRAMS INCLUDING PERMANENT
PERMITTING PROCESS AND REVISED FEE STRUCTURE OPTIONS
Staff Report: Director of Community Development Marc Wiener gave a presentation briefly describing the outdoor dining program. Assistant to the City Manager Jeremy Frimond continued with the presentation, discussing the proposed fee structure options:
Option 1 - Parking Revenue Recovery; and Option 2 - Market Rate Fee Structure. Frimond described the sales tax revenue analysis for the stores along the Promenade.
Questions of Staff: Alessandro Pirozzi, owner of Alessa, Marc Cohen, owner of 230 Forest Ave, and Laurent Vrignaud, owner of Moulin, said it is important to work together for a fair arrangement to maintain the outdoor dining program.
John Thomas urged the City Council to not move forward with the recommended action until more vetting had been conducted by the City Council, staff, and public. Jacob Cherub voiced concerns for the outdoor dining program fee structure process, and he urged the City Council to oppose the recommended action.
Councilmember Comments: Councilmember Mark Orgill addressed the concerns over the proposed fee structure options. He added that this would be a temporary solution and staff would be returning to the City Council with long-term strategies.
Councilmember Alex Rounaghi said he supported the market rate-based fee structure and he explained. Councilmember George Weiss stated that he agreed with Councilmember Rounaghi, and he described.
Mayor Pro Tem Sue Kempf commented that there had been a significant bump in sales tax resulting from The Promenade and the residents overwhelmingly supported it. She said she was supportive of either fee structure option.
Mayor Bob Whalen said he was supportive of a market-rate fee structure, Option 2 in the staff report, on a temporary basis for one year.
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Moved by Mayor Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Approve the proposed market rate outdoor dining fee structure for adoption as part of the final Fiscal Year 2023-24 Budget;
(2) Direct staff to return at a future City Council meeting to extend the Promenade on Forest's Coastal Development Permit and Temporary Use Permit for three years (to January 2027) while staff proceeds with the preliminary design, entitlement, and permitting process to convert the Promenade to a permanent pedestrian plaza; and (3) Direct staff to return at a future City Council meeting to extend the Outdoor Dining and Parklet Program's Temporary Use Permits for an additional three-year term (to January 2027) while staff addresses the requirements for outdoor dining on private and public property to become permanent.
17. SCOPE OF WORK FOR FACILITIES MASTER PLAN
Questions of Staff: Mayor Bob Whalen confirmed with staff that a seismic analysis would be conducted for any buildings that required major renovations. He clarified that the list of alternative service locations could be expanded
Public Testimony: Pat Gallis asked about the historic digester building.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember Alex Rounaghi, and carried unanimously 5/0 to:
(1) Approve the proposed scope of services for the Facilities Master Plan; and (2) Direct staff to release the Request for Proposal for the Facilities Master Plan.
PUBLIC HEARING FOR APPEAL
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A. APPEAL OF CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION
OF CATEGORICAL EXEMPTION IN CONNECTION WITH THE APPROVAL OF DESIGN REVIEW 23-0147 AND REVOCABLE ENCROACHMENT PERMIT 23-0148
FOR THE CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE AND DETACHED GARAGE AT 434 ASTER STREET IN THE R-1 (RESIDENTIAL LOW
DENSITY) ZONE
Mayor Bob Whalen recused himself due to residing within 500 feet of the subject property.
Staff Report: Director of Community Development Marc Wiener gave a presentation briefly outlining the staff report regarding the appeal of the CEQA determination in connection with the approval of a new single-family residence at 434 Aster Street. -14-
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Questions of Staff: Councilmember George Weiss asked if an uninhabitable historic property could qualify for the city's Historic Register.
Director of Community Development Marc Wiener answered that one of the city's criteria on the Historic Register was the integrity of the structure; however, he said condition of the structure was not the reason the property did not qualify for either the national or state historic registers.
Councilmember Alex Rounaghi confirmed with staff that under CEQA this property was not considered a historic resource because it was not eligible for national or state registers.
Testimony in Support of the Appeal: Cathy Jurca, Laguna Beach Historic Preservation Coalition, said the K-rated, beach cottage at 434 Aster met two criteria for registration on the Laguna Beach Historic Register and listed the reasons the house was a historic resource under CEQA. Ann Christoph, Ruben Flores, Clark Collins, and Anne Caenn agreed.
Testimony in Opposition to the Appeal: Lance Polster, architect representing the applicants, stated that the house was not a fine example of a historic resource and he described. Bryn Mathieu, homeowner and applicant, discussed the importance of property owner rights and the ability to demolish an old and deteriorated house. He said the neighbors appreciated and were relieved that the dilapidated house would be torn down and they supported the proposed designs of the new house. Pat Gallis commented that the house was an old shack that needed to be torn down. He said CEQA did not pertain to this situation, the house was not eligible for either the national or state historic registers, and the homeowner should not be denied his property rights.
Rebuttal: Cathy Jurca, Laguna Beach Historic Preservation Coalition, addressed comments raised by the homeowner and his representative.
Councilmember Comments: Councilmember George Weiss confirmed with staff that if the homeowner chose to leave the house in its current condition, the city may be required to step in and demolish the home for public safety purposes. He said that although it was a charming house on the outside, the interior was beyond repair.
Councilmember Alex Rounaghi stated that in its judicial role, the City Council must apply the facts to the law. He commented that to be listed on Laguna Beach's Historic Register, the property owner must consent, and that criteria had not been met. Rounaghi said that because Laguna Beach was the lead agency under CEQA, and under Laguna Beach's laws this was not a historic resource per the city's definition, he would vote to deny the appeal.
Councilmember Mark Orgill commented that although he agreed with Councilmember Rounaghi, he said there was room for clarity in the historic review process, and he explained. He said it is important to enable homeowners to improve their property.
Councilmember George Weiss said he agreed that objective criteria needed to be applied to the decision. He voiced concerns about losing homes on the inventory list and demolishing a home; however, he said he would deny the appeal based on tonight's testimony. -15-
Laguna Beach City Council Minutes May 16, 2023
Moved by Councilmember George Weiss, seconded by Councilmember Alex Rounaghi, and carried unanimously 4/0 (Mayor Bob Whalen recused himself due to residing within 500 feet of the subject property) to deny the appeal and sustain the Design Review Board's approval of a categorical exemption for Design Review 23-0147 and Revocable Encroachment Permit 23-0148 at 434 Aster Street.
ADJOURNMENT
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There being no further business, Mayor Whalen at 11:31 p.m.., Tuesday, May 16, 2023, adjourned to the hybrid virtual/in-person Joint City Council/Laguna Beach Unified School District Meeting at 5:00 p.m. on Tuesday, June 6, 2023, then to the Interviews and Appointments at 3:00 p.m., Closed Session at 5:00 p.m., and the hybrid virtual/in-person Regular City Council Meeting at 5:30 p.m. on Tuesday, June 13, 2023 at City Hall, 505 Forest Avenue, Laguna Beach California. ***** *****
Approved: June 13, 2023
Bob Whalen, Mayor
NOTE: THE MEETING MINUTES REPRESENT ACTIONS TAKEN DURING THE MEETING OF THE CITY COUNCIL. DISCUSSIONS THAT OCCURRED DURING THE
MEETING CAN BE VIEWED IN ARCHIVED VIDEO RECORDINGS ON THE CITY'S WEBSITE AT LAGUNABEACHCITY.NET/MEETINGS. PUBLIC SUBMITTALS ON
ITEMS ARE RETAINED IN THE ADMINISTRATIVE RECORD AND CAN BE VIEWED IN THE CITY CLERK'S REPOSITORY AT LAGUNABEACHCITY.NET
-16-
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
May 16, 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 5:30 p.m., Tuesday, May 16, 2023, 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 Pro Tem Kempf at 11:30 p.m., Tuesday, May 16, 2023, adjourned to the Closed Session at 4:00 p.m, and hybrid virtual/in-person Joint City Council / Laguna Beach Unified School District meeting at 5:00 p.m., Tuesday, June 6, 2023, then to the interviews & appointments at 3:00 p.m., Closed Session at 5:00 p.m., and hybrid virtual/in- person Regular City Council Meeting at 5:30 p.m., Tuesday, June 13, 2023, at City Hall, 505 Forest Avenue, Laguna Beach, California.
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STATE OF CALIFORNIA
COUNTY OF ORANGE ) SS.
CITY OF LAGUNA BEACH
I, Ann Marie McKay, City Clerk of the City of Laguna Beach, California, do hereby certify that the foregoing is a full, true, and correct copy of the Minute entry on record in my office. IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Laguna Beach, California, on this 17" day of May 2023.
CORPORATE City Clerk of the City of Laguna Beach California YUNE 29,1921
TAS DUNNY CALES
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, May 16, 2023, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on May 17, 2023, at the hour of 9:35 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.
Ulik
City Clerk of thé City of Laguna Beach, California