Laguna Beach City Council Meeting Recap June 13, 2023
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COUNCIL AND STAFF REPORTS
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CONSENT CALENDAR
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PUBLIC COMMUNICATION
PUBLIC COMMUNICATIONS (continued)
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WELCOME
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Kempf
ROLL CALL
Present: Orgill, Rounaghi, Weiss, Kempf, Whalen
Participating Remotely: None
Absent: None
INTERVIEWS AND APPOINTMENTS 3:00 p.m.
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1. AUTHORIZATION FOR CITY COUNCIL ADVISORY COMMITTEES TO APPOINT NONVOTING 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.
2. 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.
3. 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.
CITY COUNCIL MEETING
RECAP
Tuesday, June 13, 2023
Interviews & Appointments 3:00 p.m. – 4:30 p.m.
City Council Closed Session 4:30 p.m.
Hybrid Regular City Council Meeting 6:00 p.m.
CITY OF LAGUNA BEACH
505 Forest Ave.
Laguna Beach
Laguna Beach City Council Meeting Recap June 13, 2023
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4. 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 Kempf, Rounaghi, Weiss
Suzi Chauvel Orgill, Rounaghi, Weiss, Kempf, Whalen
Michael Ervin Orgill, Rounaghi, Weiss, Kempf, Whalen
Pat Kollenda Orgill, Rounaghi, Weiss, Kempf, Whalen
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
5. 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 Orgill, Rounaghi, Weiss, Kempf, Whalen Debbie Neev Orgill, Weiss
Ken Sadler Rounaghi, Weiss, Kempf, Whalen
Natalya Sheddan Orgill, Weiss
Susan McLintock Whitin Orgill, Rounaghi, Kempf, Whalen
Roll Call (Vote #2 – Two-Year Term):
Jorg Dubin Weiss
Steven Goldman Orgill, Rounaghi, Kempf, Whalen
Steven Kellenberg Kempf
Ken Sadler Orgill, Rounaghi
Susan McLintock Whitin Weiss, Whalen
Laguna Beach City Council Meeting Recap June 13, 2023
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6. INTERVIEWS AND APPOINTMENTS TO THE HOUSING AND HUMAN SERVICES
COMMITTEE
The following applicants were interviewed for a position on the Housing and Human Services Committee: Ketta Brown, Vanessa Davis, Julie Hall, Barbara McMurray, Laura 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 Orgill, Weiss
Julie Hall Orgill
Barbara McMurray Rounaghi, Kempf, Whalen
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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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.
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EXTRAORDINARY BUSINESS
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1. 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.
2. 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 antibullying 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.
Laguna Beach City Council Meeting Recap June 13, 2023
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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.
3. 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.
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4. 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
5. CITY TREASURER’S MONTHLY INVESTMENT REPORT FOR APRIL 2023 Received and filed the Monthly Investment Report for April 2023.
6. CLAIMS AGAINST THE CITY
Denied Claim #23-01 filed by Heather Swenson.
7. 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.”
8. 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.
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9. 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.
11. 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 for the Annual Fête de la Musique events on June 17, 2023, June 15, 2024, June 21, 2025, and June 20, 2026;
(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 ONCALL 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.
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REGULAR ORDER
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14. FINAL RECOMMENDATIONS AND ADOPTION OF THE PARKING AND
TRANSPORTATION DEMAND MANAGEMENT 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 staff 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.
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15. ADOPTION OF FISCAL YEAR 2023-24 BUDGET AND REVISIONS TO THE FISCAL YEAR 2022-23 ADOPTED BUDGET
[Item #15 was heard after Appeal A.]
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 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 Laguna Beach City Council Meeting Recap June 13, 2023
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(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
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 AT 12:01 A.M., WEDNESDAY, JUNE 14, 2023,
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