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MINUTES
LAGUNA BEACH CITY COUNCIL
HYBRID VIRTUAL/IN-PERSON REGULAR MEETING
June 13, 2023
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, June 13, 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 Pro Tem Sue Kempf led the Pledge of Allegiance.
INTERVIEWS AND APPOINTMENTS - 3:00 p.m.
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1. AUTHORIZATION FOR CITY COUNCIL ADVISORY COMMITTEES TO APPOINT
NON-VOTING STUDENT MEMBERS
Moved by Councilmember Alex Rounaghi, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to authorize the following committees to appoint non-voting student members to their committees: Emergency Disaster & Preparedness Committee; Environmental Sustainability Committee; Heritage Committee; Housing & Human Services Committee; and Recreation Committee.
INTERVIEWS AND APPOINTMENTS TO THE EMERGENCY/DISASTER
PREPAREDNESS COMMITTEE
The City Council voted unanimously 5/0 to reduce the Committee from nine members to eight members, reduce the number of Committee alternates from two to one alternate, reappoint David Horne, Edward Mousally, Sonny Myers, and Bill Niccum, and reappoint Shelly Bennecke as an alternate, to the Emergency/Disaster Preparedness Committee for two-year terms, beginning July 1, 2023, through June 30, 2025.
INTERVIEWS AND APPOINTMENTS TO THE PERSONNEL BOARD
The following applicants were interviewed for a position on the Personnel Board: Peter Clinco, Edwin Kisiel, Alex Kweskin, and Peter Labahn.
The City Council voted unanimously 5/0 to appoint Edwin Kisiel, Alex Kweskin, and Peter Labahn, and Peter Clinco as the alternate, to the Personnel Board for two-year terms, beginning July 1, 2023, through June 30, 2025.
INTERVIEWS AND APPOINTMENTS TO THE ARTS COMMISSION
The following applicants were interviewed for a position on the Arts Commission: Donna Ballard, Austin Barrow, Suzi Chauvel, Michael Ervin, Pat Kollenda, Michael Ray, Adam Schwerner, Carl Smith, and Karen Wood.
The City Council appointed Donna Ballard, Suzi Chauvel, and Karen Wood, and Austin Barrow and Michael Ray as alternates, to the Arts Commission for two-year terms beginning July 1, 2023, through June 30, 2025, and Michael Ervin, Pat Kollenda, Adam Schwerner, and Carl Smith for three-year terms, beginning July 1, 2023, through June 30, 2026.
Roll Call:
Donna Ballard Orgill, Rounaghi, Weiss, Kempf, Whalen
Austin Barrow Kempt, Kounaghi, Weiss
Suzi Chauvel Orgill, Rounaghi, Weiss, Kempf, Whalen
Michael Ervin Orgill, Rounaghi, Weiss, Kempf, Whale:
Pat Kollenda Orgill, Rounaghi, Weiss, Kempf, Whale:
Michael Ray Orgill, Whalen
Adam Schwerner Orgill, Rounaghi, Weiss, Kempf, Whalen
Carl Smith Orgill, Rounaghi, Weiss, Kempf, Whalen
Karen Wood Orgill, Rounaghi, Weiss, Kempf, Whalen
INTERVIEWS AND APPOINTMENTS TO THE PLANNING COMMISSION
The following applicants were interviewed for a position on the Planning Commission: Peter Clinco, Jorg Dubin, Steven Goldman, Steven Kellenberg, Debbie Neev, Ken Sadler, Natalya Sheddan, and Susan McLintock Whitin.
The City Council appointed Steven Goldman and Ken Sadler to the Planning Commission for two-year terms beginning July 1, 2023, through June 30, 2025, and appointed Jorg Dubin, Steven Kellenberg, and Susan McLintock Whitin to the Planning Commission for three-year terms, beginning July 1, 2023, through June 30, 2026.
Roll Call (Vote #1):
Jorg Dubin Orgill, Rounaghi, Kempf, Whalen
Steven Goldman Rounaghi, Weiss, Kempf, Whalen
Steven Kellenberg
Debbie Neev
Ken Sadler
Natalya Sheddan
Susan McLintock Whitin Orgill, Rounaghi, Kempf, Whalen
Roll Call (Vote #2 - Iwo-Year Term):
Jorg Dubin Weiss
Steven Goldman Orgill, Rounaghi, Kempf, Whalen
Steven Kellenberg Kempf
Ken Sadler Orgill, Rounaghi
Susan McLintock Whitin Weiss. Whalen
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INTERVIEWS AND APPOINTMENTS TO THE HOUSING AND HUMAN SERVICES
COMMITTEE
The following applicants were interviewed for a position on the Housing and Humar services Committee: Ketta Brown, Vanessa Davis, Julie Hall, Barbara McMurray, Laur:
Sauers, Jacquie Schaefgen, and Jennifer Zeiter.
The City Council reappointed Ketta Brown, Barbara McMurray, Laura Sauers, and Jacquie Schaefgen to the Housing and Human Services Committee for two-year terms beginning July 1, 2023, through June 30, 2025.
Roll Call:
Ketta Brown Rounaghi, Weiss, Kempf, Whalen
Vanessa Davis
Julie Hall
Barbara McMurray Rounaghi, Kempf, Whaler
Laura Sauers Rounaghi, Weiss, Kempf
Jacquie Schaefgen Orgill, Rounaghi, Weiss, Kempf, Whalen Jennifer Zeiter Whalen
THERE WAS A 75-MINUTE BREAK WHILE THE CITY COUNCIL HELD THEIR CLOSED SESSION MEETING 4:45 p.m. - 6:00 p.m.
THE REGULAR CITY COUNCIL MEETING RESUMED AT 6:05 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 interview process for appointment of new City Attorney.
Conference with Legal Counsel - Anticipated Litigation (pursuant to Government Code section 54956.9(d)(2)) - one item: significant exposure of City to litigation by MOM investment group relating to May 2, 2023 incidents at Hotel Laguna and 14 West and issuance of Summary Abatement Determination.
City Attorney Phil Kohn reported that in this evening's Closed Session, there was insufficient time to discuss the public employment item; therefore, that item was continued and noticed to be discussed at the Special Closed Session at 3:30 p.m. tomorrow. Kohn also reported that Councilmember Mark Orgill recused himself from the anticipated litigation item due to a conflict of interest. Kohn advised that there was no reportable action, and the discussion on the anticipated litigation item was continued to a Special Closed Session on Tuesday, June 20, at 2:00 p.m.
Moved by Councilmember Alex Rounaghi, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to add one emergency item to tonight's agenda, a proclamation congratulating Debbie Neev for being recognized by the Laguna Beach Woman's Club as the 2023 Woman of the Year.
THE REGULAR CITY COUNCIL MEETING RESUMED AT 6:00 p.m.
EXTRAORDINARY BUSINESS
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PROCLAMATION RECOGNIZING THE BOYS UNDER 13 TEAM AND THE GIRLS 2004 TEAM OF THE LAGUNA BEACH FOOTBALL CLUB FOR WINNING THE
STATE CHAMPIONSHIP
Adopted the proclamation recognizing the Boys Under 13 Team and the Girls 2004 Team of the Laguna Beach Football Club for winning the State Championship.
PROCLAMATION RECOGNIZING THE 2023 LAGUNA BEACH RUGBY CLUB
TEAM FOR THEIR CHAMPIONSHIP SEASON
Adopted the proclamation recognizing the 2023 Laguna Beach Rugby Club Team for their championship season.
2B. PROCLAMATION CONGRATULATING DEBBIE NEEV FOR BEING RECOGNIZED BY THE WOMAN'S CLUB OF LAGUNA BEACH AS THE 2023 WOMAN OF THE YEAR
Adopted the proclamation congratulating Debbie Neev for being recognized by the Laguna Beach Woman's Club as the 2023 Woman of the Year.
PUBLIC COMMUNICATIONS
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Mike and Johanna Ellis, Susan Elliot, and Paul Pines requested that the Council adopt a resolution reiterating the special setbacks set in a 1947 district map currently missing from the City's files.
Steve McIntosh, Sensible Laguna, thanked the Council for the productive discussion on the Laguna Beach Unified School District's facilities plan that occurred during last week's joint City Council/ Laguna Beach Unified School District meeting.
Jeff Henson expressed concerns about how administrative citation hearings are held, and staff's lack of understanding of the two questions that can be asked related to service animals per the Americans with Disabilities Act.
Ed Steinfeld, host of the local Mornings with Ed radio show and owner of the new local radio station Voice of Laguna, thanked the community for its support and announced the Voice of Laguna's anti- bullying campaign.
Chris Catsimanes questioned the City's handling of the May 2 events related to the civil dispute over the operation and management of Hotel Laguna and 14 West.
Ann Christoph, Bob Borthwick, and Ruben Flores requested that the median with the two Coral Gum Eucalyptus trees between the Village Entrance and the Laguna Playhouse be excluded from the median replanting project. Leah Vasquez expressed concerns about the future impact of tree removals.
Jennifer Zeiter expressed outrage regarding the Laguna Art Museum's Drag Story Hour and requested that the City withhold funds until the Museum ceases such activities.
Jinger Wallace encouraged participation in the Laguna Bluebelt photo contest, and thanked the Council, particularly Mayor Bob Whalen, for actions taken to protect Aliso Beach. Mike Beanan echoed the sentiment regarding the beach, but noted Sunday's breach of the berm.
Ruben Flores noted progression of the North Laguna sidewalk project and the estuary restoration.
He thanked the lifeguards, and the City-sponsored entertainment, such as the music in the parks and the circus.
Jacob Cherub reiterated his request that the Council direct staff to notice agenda items sooner to allow more time for public review.
COUNCIL AND STAFF REPORTS
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Regarding the issue with the special setback in the Temple Hills area, City Manager Shohreh Dupuis advised that Community Development Director Marc Wiener and his staff are actively investigating the issue and will report back to the Council. Dupuis also advised that she will follow up with Police Chief Jeff Calvert on how administrative hearings are setup, and she will investigate staff's knowledge related to service animals. Regarding the camera installation at the Aliso Beach berm, Dupuis advised that Chief Snow is working on the solution.
Councilmember George Weiss reported on the Memorial Day ceremony, Kelp Fest, and the Circus Bella performance.
Councilmember Mark Orgill also reported on the Memorial Day ceremony and Kelp Fest, and on the . Laguna Canyon fundraiser at Troy Lee Designs.
Councilmember Alex Rounaghi reported on the Chamber of Commerce Government Affairs Committee meeting, and on the recent field trip to City Hall by Top of the World and El Morro Elementary students.
Mayor Pro Tem Sue Kempf also reported on the visit with the students. She also commented about the Fête de la Musique this coming Saturday, and thanked City Clerk Ann Marie McKay for her work on the interviews and appointments.
Mayor Bob Whalen also commented on the Fête de la Musique. He also thanked Chief Snow and Public Works for their work in addressing issues with the berm. Mayor Whalen also reported that CalOES is planning a site visit at the end of July, which he hopes will improve the City's chances in obtaining grant funding for undergrounding utilities in the canyon. Mayor Whalen also commented on the recent field trip by the students.
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 - 13.
MINUTES OF THE CITY COUNCIL MEETING
Approved the revised Minutes of the Budget Workshop and the Regular Meeting of the City Council of May 16, 2023.
WARRANT LISTING
Approved the General Warrants and payroll disbursements.
Warrants: $2,438,293.86 05/12/2023
$ 51,373.92 05/16/2023
$3,154,439.26 05/26/2023
$5,644,107.04
Payroll #23 $1,510,553.11 05/19/2023
Payroll #24 $1,524,129.41 06/02/2023
$3,034,682.52
Total $8,678,789.96
CITY TREASURER'S MONTHLY INVESTMENT REPORT FOR APRIL 2023 Received and filed the Monthly Investment Report for April 2023.
CLAIMS AGAINST THE CITY
Denied Claim #23-01 filed by Heather Swenson.
APPROVAL OF SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM FOR
TRANSIT RELATED EXPENDITURES, RESOLUTIONS CONFIRMING LOCAL
SIGNAL SYNCHRONIZATION MASTER PLAN AND MASTER PLAN OF ARTERIAL
HIGHWAYS CONSISTENCY FOR MEASURE M FUNDING ELIGIBILITY
(1) Approved the 7-Year Capital Improvement Program for transportation and transit improvement projects required for Measure M eligibility; (2) Adopted Resolution #23.033 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, CONCERNING THE UPDATE OF THE LOCAL SIGNAL SYNCHRONIZATION PLAN FOR THE MEASURE M (M2) PROGRAM FOR THE CITY OF LAGUNA BEACH", and
(3) Adopted Resolution #23.034 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, CONCERNING THE STATUS
AND UPDATE OF THE CIRCULATION ELEMENT AND MITIGATION FEE PROGRAM FOR THE MEASURE M (M2) PROGRAM FOR THE CITY OF
LAGUNA BEACH."
GRANT OF EASEMENT TO 20592 LAGUNA CANYON ROAD TO PLACE
ELECTRICAL AND COMMUNICATION FACILITIES WITHIN THE LAGUNA BEACH ANIMAL SHELTER PROPERTY (APN 629-061-04)
(1) Granted an easement to the property owner of 20592 Laguna Canyon Road for placement and maintenance of underground electrical and communication services within the Laguna Beach Animal Shelter property; and
(2) Authorized the City Manager to execute the easement on behalf of the City.
AWARD OF CONTRACT FOR TREE MAINTENANCE SERVICES
(1) Authorized the City Manager to execute service provider agreement #23-39 with West Coast Arborists, Inc. for a three-year term commencing on July 1, 2023, to provide tree maintenance services for an annual cost of $359,656; and (2) Authorized the City Manager to extend the contract for one additional three-year term, with a Consumer Price Index (CPI) based rate adjustment if services are satisfactory.
10. ORANGE COUNTY DISTRICT ATTORNEY SERVICES AGREEMENT RENEWAL Authorized the City Manager to enter into a new five-year agreement between County of Orange and the City of Laguna Beach from July 1, 2023, to June 30, 2028, for prosecution of City ordinances.
PURCHASE OF REPLACEMENT MOBILE DATA COMPUTERS FOR THE POLICE
DEPARTMENT
Authorized the City Manager to purchase 33 Getac B360 ruggedized vehicle-mounted Mobile Data Computers and related accessories from Code 3 Technology for the Police Department's fleet of sworn and professional staff vehicles, for a cost not-to-exceed $200,000.
12. APPROVAL OF FÊTE DE LA MUSIQUE 2023-2026
(1) Approved the use of the Main Beach Cobblestone area with a stage and up to 10 booths and June 20, 202% de la Musique events on June 17, 2023, June 15, 2024, June 21, 2025. (2) Approved the use of amplified sound throughout the City for outdoor performances and the use of the Promenade on Forest for outdoor performances on the proposed dates; and (3) Approved the bagging of five parking meters for unloading of equipment with no fees applied.
13. AWARD OF CONTRACTS FOR COMMUNITY DEVELOPMENT DEPARTMENT'S
ON-CALL CONSULTANT SERVICES
(1) Approved adding the proposed consultants to the Community Development On-Call Consultant list for development services; and
(2) Authorized the City Manager to execute service provider agreements #23-40 through 23-64 with selected on-call consultant firms for a two-year term commencing July 1, 2023.
REGULAR ORDER
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FINAL RECOMMENDATIONS AND ADOPTION OF THE PARKING AND
TRANSPORTATION DEMAND MANAGEMENT REPORT
Mayor Bob Whalen and Mayor Pro Tem Sue Kempf, Parking and Transportation Subcommittee, introduced the item.
Staff Report: Senior Planner Anthony Viera gave a presentation summarizing the parking and transportation demand management report. Director of Transit and Community Services Michael Litschi continued with the presentation, summarizing the transportation demand management (TDM) strategies. Director of Public Works Mark McAvoy described the potential parking infrastructure opportunities. Assistant City Manager and CFO Gavin Curran continued the presentation, explaining the funding strategies. Senior Planner Anthony Viera concluded the presentation with the benefits and staff recommendations.
Questions of Staff: Mayor Pro Tem Sue Kempf asked about staff's conversation with the California Coastal Commission (CCC) and permitted parking. City Manager Shoreh Dupuis responded that the CCC was not supportive of residential parking passes; however, they did support the current transportation demand management strategies.
Councilmember Alex Rounaghi asked staff what was the parking problem that was being solved by implementing these strategies throughout the entire year. Director of Transit and Community Services Michael Litschi described the parking analysis.
Councilmember Alex Rounaghi asked about reducing parking requirements for businesses.
Senior Planner Anthony Viera explained that Community Development would bring back this item for discussion with the City Council. A discussion ensued.
Councilmember Mark Orgill discussed adding parking for residents by utilizing current parking lots.
Public Testimony: Cody Engle suggested incorporating housing into parking structures.
Jerry Immel commented on potential locations for parking structures. Jim Danzinger voiced concerns about clear priorities not being set and he did not support adding parking structures.
Brendon Crigler stated that this was a solution looking for a problem and the report did not have a local focus. Joe Hanauer commented on the importance of being open to all the parking options. Michael Hoag said he did not support creating more parking in town. Steve Sweet said he supported a collaborative parking strategy. Ed Sauls said he supported the church parking structure and vetting all possible opportunities. Judie Mancuso offered suggestions for parking solutions without having to build a parking structure. Anne Caenn commented that the report required more public input and it should be sent to the Planning Commission for review. Chris Catsimanes said he did not support the church parking structure. John Thomas stated that he did not support spending millions of public funds for more parking. Cary Redfearn commented that there is a parking problem in Laguna Beach, and he supported parking structures. Ruben Flores said he was against parking structures, but he supported extra parking lots. Jacob Cherub stated that he did not support parking structures.
Councilmember Comments: Councilmember George Weiss commented that he was opposed to parking structures, and he said it was a perception that Laguna Beach required more parking. He offered parking suggestions.
Councilmember Mark Orgill stated that he appreciated the detailed study, and it was important to generate solutions for the parking issues.
Mayor Bob Whalen commented that the 20 TDM strategies in the report were viable options that should be pursued immediately.
Councilmember Alex Rounaghi stated that Laguna Beach is special because of its walkability and it is important to keep that walkability in mind when looking at parking, and he offered suggestions. He said he would not support the building of more than one parking structure.
Mayor Pro Tem Sue Kempf said the TDM options were low-hanging fruit and not costly, and she supported moving forward with those suggestions.
Mayor Bob Whalen listed the staff recommendations, and a discussion took place regarding recommendations 1 through 10 from the staff report.
Moved by Mayor Bob Whalen, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to:
(1) Review and accept the final Parking and Transportation Demand Management Report; (2) Direct staff to proceed with the implementation of all short-term transportation demand management (TDM) strategies and updates to the City's parking regulations with the goal of achieving their identified target completion dates as staff and funding resources become available (Table 8, pages 100 through 105);
(3) Direct statt to continue the evaluation of medium-term TDM strategies and parking regulation updates, determine which are feasible, and return to City Council with recommendations (Table 8, pages 100 through 105);
(4) Approve the proposed updates to the City's parking permit programs (Tables 9 and 10, pages 105 and 106);
(5) Direct staff to pursue priority projects 1, 2, and 3 (Table 7, pages 97 and 98 of the report) in the short-term given their relative low cost in comparison to a new multi- level parking structure;
(6) Direct staff to proceed with the next steps for potential infrastructure priority project 4 (Table 7, page 98 of the report) as a potential new downtown parking structure within walking distance of the core destinations;
(7) Direct staff to proceed with the actions listed for infrastructure project 6 as listed in Table 7, pages 97 and 98 of the report by approaching the property owners to gauge interest in the potential project and, if there is an interest, to return to the City Council with an update;
(8) Direct staff to study the feasibility of project 7 as listed in Table 7, pages 97 and 98 of the report as part of the City's Facilities Master Plan; (9) Appropriate $130,000 from the Parking Fund to fund the implementation of the short- term TDM strategies; and
(10) Direct staff to review the Complete Streets Mobility Study for other potential strategies.
[Item #15 was heard after Appeal A.]
15. ADOPTION OF FISCAL YEAR 2023-24 BUDGET AND REVISIONS TO THE FISCAL YEAR 2022-23 ADOPTED BUDGET
Staff Report: Director of Finance and Technology Julie Nemes gave a presentation briefly outlining the adoption of Fiscal Year 2023-24 budget and the revisions to the Fiscal Year 2022-2023 adopted budget.
City Manager Shoreh Dupuis commented that the Laguna Beach Seniors had requested the city install cameras in the parking garage and at the front entry, and financing had been appropriated under the Technology Master Plan Fund.
Public Testimony: Mike Beanan, Laguna Beach Blue Belt Coalition, thanked the City Council for their continued support the Aliso Berm Education and Monitoring Program. Ed Almanza, Laguna Ocean Foundation, said he appreciated the City Council's continued support of the Aliso Estuary Restoration Project, and he updated the City Council on the project. Matt Lawson thanked the City Council for appropriating funds for the Police Department and supporting public safety. Anne Caenn asked about the city's commitment to refurbish the historic digester building.
City Manager Shoreh Dupuis responded to Ms. Caenn's question stating that the funding for the refurbishment of the digester building would be carried over into the city's Fiscal Year 2023-24 budget.
Ann Christoph, South Laguna Civic Association, requested carrying over the funding for the South Laguna Garden Park. She asked the City Council to support financing the purchase or lease of the vacant lots in South Laguna, adjacent to the Village Green to allow for expansion of a South Laguna Park
City Manager Shoreh Dupuis responded to Ann Christoph's request, updating the City Council on the leasing of the vacant lots in South Laguna.
Edye Snodgrass thanked the City Council for supporting PUP Laguna Beach, the nonprofit arm of the Laguna Beach Animal Shelter.
Councilmember Comments: Councilmember Alex Rounaghi commented that he supported ensuring the funding for the Aliso Berm Education and Monitoring Program was included in the Fiscal Year 2023-24 budget.
Mayor Pro Tem Sue Kempf asked about the $500,000 earmarked for the South Laguna Garden Park. City Manager Shoreh Dupuis responded that the $500,000 was not a line item in the budget, but a commitment from a prior City Council that if the residents were able to raise the necessary funding required to purchase the property, then the city would match it with $500,000 that would come from any funding source that the city had available at that time.
Councilmember Alex Rounaghi suggested that the $500,000 be a line item in the budget.
City Manager Shoreh Dupuis stated that the prior City Council had committed the $500,000 for two years after which the additional money had not been raised by the residents, the $500,000 would go back to the General Fund. She suggested including the funds in the CIP Fund. Councilmember Alex Rounaghi said he would support a five-year commitment to allow the residents time to raise the appropriate funds. Councilmember George Weiss stated that a three-year guarantee would be reasonable.
Mayor Bob Whalen discussed funding for the Aliso Estuary Restoration Project stating that prior to providing additional funding, the City Council should receive an update on the project.
City Manager Shoreh Dupuis led a discussion on the funds requested by the Beautification Council to add planters downtown and she recommended partnering with the Beautification Council.
Mayor Bob Whalen asked staff about the historical data on the performance pay for the City Clerk and City Treasurer, and a discussion ensued.
Moved by Mayor Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Approve the City budget for the Fiscal Year 2023-24 by adopting Resolution #23.035 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
BEACH, CALIFORNIA, ADOPTING THE REVISED CITY BUDGET FOR THE 2023-24 FISCAL YEAR," adding $12,500 per the Laguna Bluebelt Coalition's request for the Aliso Beach Education & Monitoring Program, and $10,000 for City staff to partner with the Beautification Council on improving downtown planters; (2) Direct staff to return to the City Council with the funding policies resolution, with the $500,000 earmarked for the South Laguna Community Garden Park for three years included, at a future meeting;
(3) Approve the salary schedules for the Fiscal Year 2023-24 by adopting Resolution #23.036 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA BEACH, CALIFORNIA, SETTING PAY RANGES FOR CITY
EMPLOYEES";
(4) Approve the funding recommendations made by the subcommittee regarding the Community Assistance Grants for Fiscal Year 2023-24 and direct the City Manager, or her designee, to disburse the funds accordingly;
(5) Approve the recommended Cultural Arts Grants for Fiscal Year 2023-24 and direct the City Manager, or her designee, to disburse the funds accordingly; (6) Approve a 4% increase to the salary and award 5% exceptional performance pay for the City Treasurer, and 15% increase to the salary of the City Clerk, and direct the City Manager to modify the salary schedules to reflect the City Council's actions; (7) Approve the budget changes for the Fiscal Year 2022-23 as described in the Agenda Report and authorize the City Manager to modify the budget accordingly; (8) Approve increasing the City Manager's claims authority by adopting Resolution #23.037 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA BEACH, CALIFORNIA INCREASING THE CITY MANAGER'S
GENERAL LIABILITY, WORKERS' COMPENSATION CLAIMS, AUTO
LIABILTY, AND PROPERTY DAMAGE CLAIMS AUTHORITY TO $75,000 PER CLAIM";
(9) Approve the fee rates for outdoor dining by adopting Resolution #23.038 titled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH,
CALIFORNIA, SETTING RATES FOR BUSINESSES UTILIZING PUBLIC SPACE FOR THE OUTDOOR DINING PROGRAMS";
(10) Approve the appropriations limit for the Fiscal Year 2023-24 by adopting Resolution #23.039 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA BEACH, CALIFORNIA, DETERMINING AND ADOPTING AN
APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2023-24 IN ACCORDANCE
WITH ARTICLE XIIIB OF THE CONSTITUTION OF THE STATE OF
CALIFORNIA, CHAPTER 1205 OF THE REVENUE AND TAXATION CODE SECTION 791;" and
(11) Authorize the City Manager to enter into an agreement with the Department of Health Care Services for the Public Provider Ground Emergency Medical Transport Intergovernmental Transfer Program for Ground Emergency Medical Transportation that is part of the City's Ambulance Program.
PUBLIC HEARING FOR APPEAL
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[Appeal A was heard before Item #15.]
A. APPEAL OF APPROVAL OF DESIGN REVIEW 22-0378, COASTAL DEVELOPMENT PERMIT 22-0379, REVOCABLE ENCROACHMENT PERMIT 22-0380, AND
CALIFORNIA ENVIRONMENTAL QUALITY ACT CATEGORICAL EXEMPTION AT 200 ALTA VISTA WAY
Staff Report: Project Planner Heather Steven gave a presentation describing the project at 200 Alta Vista Way and the grounds for the appeal of the Design Review Board's (DRB) project approval.
Questions of Staff: Councilmember Alex Rounaghi asked about the soil requiring removal from the property. Project Planner Heather Steven explained the need for grading and the permitted hours of removal.
Councilmember George Weiss confirmed with staff that the project design was neighborhood compatible and conformed to the city's code.
Testimony in Support of the Appeal: Jonathan Dykstra, attorney for the appellant, listed the neighbors' concerns including the problematic new parking spaces and the removal of dirt. He added that the approved project would negatively impact the neighborhood.
Neighbor to the project voiced concerns about emergency vehicle access and the removal of dirt. Karen Martin commented that the project should not be categorically exempt, and she explained. She stated the removal of dirt would greatly impact the streets. Toni Iseman said she was concerned about the impact of construction vehicles on traffic.
Testimony in Opposition to the Appeal: Tim Carlyle, attorney for the property owner, stated the DRB's decision was reasonable, valid, and not an abuse of discretion. He responded to the public comments concerning the project.
Rebuttal: Jonathan Dykstra, attorney for the appellant, restated that the construction of the project would have an environmental impact, and also requested that the second appeal fee Questions of Staff: Councilmember George Weiss discussed the environmental concerns.
Councilmember Alex Rounaghi stated that the DRB did not abuse its discretion. He asked about the concerns raised by Karin Martin. He added that the appellant should be refunded their $2,000 appeal fee for a prior hearing.
Director of Community Development Marc Wiener addressed Karen Martin's comments stating that the project was not unusual, but rather typical construction in Laguna Beach, and he explained.
Councilmember George Weiss confirmed with staff that the driveway access conformed to city standards.
Mayor Bob Whalen verified with staff that the two obligatory parking spaces were the minimum length required by the code. He stated that although it would be narrow, the 10- foot travel lane was sufficient for emergency access.
Mayor Pro Tem Sue Kempf commented that the project was not an unusual situation. She stated that parking was an issue; however, she said there was no evidence to support that the DRB had abused its discretion. Kempf added that she supported refunding the appellant the second $2,000 appeal fee paid.
Councilmember Mark Orgill discussed the current public parking and soil removal concerns.
He stated that this lot was not unusual, and he supported the proposed project.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember George Weiss, and carried unanimously 5/0 to deny the appeal and sustain the Design Review Board's approval of Design Review 22-03 78, Coastal Development Permit 22-0379, Revocable Encroachment Permit 22-0380, and a California Environmental Quality Act Categorical Exemption at 200 Alta Vista Way, and direct staff to refund the second $2,000 appeal fee paid by the appellant.
ADJOURNMENT
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There being no further business, Mayor Whalen at 12:01 p.m.., Wednesday, June 14, 2023, adjourned to the Special Closed Session at 3:30 p.m. on Wednesday, June 14, 2023, then to the Special Closed Session at 2:00 p.m., Tuesday, June 20, 2023, then to the Closed Session at 4:00 p.m. and to the hybrid virtual/in-person Regular City Council Meeting at 5:00 p.m. on Tuesday, June 27, 2023, at City Hall, 505 Forest Avenue, Laguna Beach California. *** ****
Approved: June 27, 2023
Bob Whalen, Mayor
Ann Marie MčKay, City
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
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
June 13, 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 6:00 p.m., Tuesday, June 13, 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 Whalen at 12:01 a.m., Wednesday, June 14, 2023, adjourned to the Special Closed Session at 3:30 p.m. Wednesday, June 14, 2023, then to the Special Closed Session at 2:00 p.m. Tuesday, June 20, 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, June 27, 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 14"h day of June 2023
Culike
ANCORPORATES
Cily Clerk of the Cily of Lana Beach Caltronia.
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, June 13, 2023, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on June 14, 2023, at the hour of 9:55 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 agumo Beach, Caltonia.