Laguna Beach City Council Minutes September 26, 2023
MINUTES
LAGUNA BEACH CITY COUNCIL
HYBRID VIRTUAL/IN-PERSON REGULAR MEETING
September 26, 2023
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, September 26, 2023, 2023, in the City Hall, 505 Forest Avenue, Laguna Beach, California, Mayor Whalen presiding.
ROLL CALL
PRESENT: COUNCILMEMBERS: Orgill, Rounaghi, Weiss, Kempf, Whalen PARTICIPATING REMOTELY: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Alex Rounaghi led the Pledge of Allegiance.
CLOSED SESSION
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CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Number of Cases: One (1)
Historic Architecture Alliance, et al. v. City of Laguna Beach (Kirby), California Court of Appeal, Fourth Appellate District, Court of Appeal Case No. G061671 (Orange County Superior Court Case No. 30-2021-01182450)
Pursuant to the provisions of Government Code Section 54956.9(a), based on advice from legal counsel, the City Council holds this closed session to confer with its legal counsel because a discussion in open session will prejudice the position of the City in the litigation. ...
PUBLIC EMPLOYMENT (RECRUITMENT)
Pursuant to Government Code Section 54957
Title: City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: 31729 and 31735 Coast Highway (City Surplus Lands) Agency negotiator: Sean Joyce, Interim City Manager
Negotiating parties: City of Laguna Beach, and (1) Fullerton Consulting Partners, LLC and West Development Ventures, LLC; and (2) Novin Development Corp.
Under negotiation: Price and terms of payment
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Laguna Beach City Council Minutes September 26, 2023
CONFERENCE WITH LABOR NEGOTIATORS
Agency-designated representative: Sean Joyce, Interim City Manager Employee Organizations: Laguna Beach Municipal Employees Association; City Attorney Megan Garibaldi reported that all Councilmembers were present and participated in the discussions. Regarding the Existing Litigation item, Garibaldi reported that the City prevailed in the Court of Appeal, and the Council has directed the City Attorney to seek publication of the Court's opinion. Regarding the Public Employment item, Garibaldi reported that the City Council directed staff to proceed with interviews of recruitment firms for the City Manager position. Garibaldi advised that the Real Property Negotiations item was continued, and she advised that there was no reportable action taken on the Labor Negotiations item; however, she noted that the negotiations are with five associations, not seven (Management Group and Part-Time Marine Safety are not in the negotiations).
EXTRAORDINARY BUSINESS
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PROCLAMATION DECLARING SEPTEMBER 2023 AS HUNGER ACTION MONTH
IN LAGUNA BEACH
Adopted the Proclamation declaring September 2023 as Hunger Action Month in the City of Laguna Beach.
PUBLIC COMMUNICATIONS
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Jerry Immel accused Councilmember George Weiss of misconduct that led to the early departure of City Manager Shoreh Dupuis and the costs associated, and he encouraged Councilmember Weiss to step down.
Ganka Brown commented on the recent fraud attempt related to the South Laguna Community Garden and suggested strongly that the City closely scrutinizes any future offers.
Jim Grossberg, Michael Morris, Michele Monda, Joy Berry, MJ Abraham, Chris Catsimanes (read a letter from Claude Morgan), Johanna Felder (read letter from Barbara Monalease), Liza Stewart, John Thomas, Charles Michael Murray, David Dyrnaes, Neil Fitzpatrick, Toni Iseman, Kiku Terasaki, and Tony Fisch defended Councilmember George Weiss, and admonished the Council majority.
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Pat Gallis commented on the Aliso Creek Bridge dedication to fallen Laguna Beach Police Officer Jon Coutchie, and he commented on the CEQA-related lawsuits.
Gail Onodera announced this year's Love Laguna Beach to be held on October 7, and encouraged everyone to sign up.
Gene Felder requested the new City Attorney's opinion on the letters from the District Attorney's office regarding potential Brown Act violations that may have occurred in 2021 regarding the Council discussing Hotel Laguna permits in Closed Session.
Susan Elliott provided photographs and expressed her concerns related to a block wall fence that was recently permitted at a neighboring property.
Goff Stepien, Goff Tours, expressed concerns related to unchecked unlicensed water sport business operators.
Susana Cruciana, Alane Anderson, and Patrick Cannon expressed their frustrations with the impact to their quality of life from the pickleball courts at Lang Park that abut the property where they live.
Anne Caenn thanked the City for hosting the recent Wildland Fire Preparedness Town Hall meeting, and she reported on the presentation provided at last night's Village Laguna meeting on Accessory Dwelling Units (ADUs).
COUNCIL AND STAFF REPORTS
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City Treasurer Laura Parisi reported that she attended the California Debt and Investment Advisory Commission (CDIAC) meeting on the Local Agency Investment Guidelines.
Councilmember George Weiss commented on the democratic process, and he stated that the Lang Park pickleball issue is a quality of life issue that he hopes can be resolved.
Councilmember Alex Rounaghi commented that he would like to move forward and focus on the City's priorities.
Mayor Pro Tem Sue Kempf reported on the Aliso Creek Bridge dedication to fallen Laguna Beach Police Officer Jon Coutchie and the Wildland Fire Preparedness Town Hall meeting.
Mayor Bob Whalen reported on the events held in honor of the 10-year anniversary of Officer Jon Coutchie's end of watch, and he reported on the Wildland Fire Preparedness Town Hall meeting.
Mayor Whalen also reported that the Insurance Commissioner has reached a deal with wildfire insurance companies geared toward issuing new policies in disaster-prone areas of California again.
Mayor Whalen also announced that the Rotary Club Car Show is on Sunday. He also advised that Mission Hospital is going to provide an update to the City Council at the October 10 meeting. -3-
Laguna Beach City Council Minutes September 26, 2023
CONSENT CALENDAR
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Moved by Councilmember Alex Rounaghi, seconded by Councilmember George Weiss, and carried unanimously 5/0 to approve items 1-7 and 9-10.
2. MINUTES OF THE CITY COUNCIL MEETING
Approved the Minutes of the Joint City Council/Design Review Board Meeting of August 8, 2023, the Joint City Council/Planning Commission Meeting of August 22, 2023, the Minutes of the Regular Meeting of the City Council of August 22, 2023, and the Minutes of the Special Meeting of the City Council of September 5, 2023.
WARRANT LISTING
Warrants: $ 2,218,919.44 8/18/23
$ 5,211,159.12 9/01/23
$ 7,430,078.56
Payroll #4 $ 1,834,977.90 8/25/23
Payroll #5 $ 2,028,874.85 9/08/23
$ 3,863,852.75
Total $11,293.931.31
Approved the general warrants and payroll disbursements.
4. CLAIMS AGAINST THE CITY
(1) Rejected claim #23-19 filed by Gloria Casabona;
(2) Rejected claim #23-20 filed by Jeffrey White; and
(3) Rejected claim #GHC0060658 filed by Patricia Lockwood.
CITY TREASURER'S MONTHLY INVESTMENT REPORT FOR JUNE AND JULY 2023
Received and filed the Monthly Investment Reports for June and July 2023.
PROCLAMATION DECLARING SEPTEMBER 2023 AS CHILDHOOD CANCER
AWARENESS MONTH IN LAGUNA BEACH
Adopted the Proclamation declaring September 2023 as Childhood Cancer Awareness Month in Laguna Beach.
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Laguna Beach City Council Minutes September 26, 2023
PURCHASE OF NETWORK SWITCHES FOR THE LAGUNA BEACH COMMUNITY
AND RECREATION CENTER
Authorized the City Manager to purchase four CISCO computer network switches, including support subscriptions for three years, licensing, and required hardware, from Presidio in the amount not-to-exceed $82,436.
CONCERT IN COLLABORATION WITH THE PACIFIC SYMPHONY
Mayor Pro Tem Sue Kempf pulled this item to highlight the unique event taking place in Laguna Beach.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember Alex Rounaghi, and carried unanimously 5/0 to:
(1) Approve a concert at Heisler Park on Friday, October 6, 2023; (2) Authorize the use of amplified sound during the concert; and (3) Authorize the City Manager to approve any revisions to the location or dates of the performance, if required.
LOT LINE ADJUSTMENT 23-0323 AND COASTAL DEVELOPMENT PERMIT 2023- 1613(2900 & 2920 ALEXANDER ROAD, APN'S: APN'S: 18 & 19) Adopted Resolution #23.060 titled, "A RESOLUTION OF THE CITY COUNCIL OF LAGUNA BEACH, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT 23-0323 AND COASTAL DEVELOPMENT PERMIT 2023-1613 AT 2900 & 2920 ALEXANDER ROAD, APN'S: 656-168-17, 18 & 19."
WITHDRAWAL OF APPEAL OF DESIGN REVIEW BOARD DECISION TO DENY DESIGN REVIEW 22-1996 AND REVOCABLE ENCROACHMENT PERMIT 22-1997 AT 1502 TEMPLE HILLS DRIVE
Accepted the property owner's withdrawal of the appeal of Design Review Board decision enying Design Review 22-1996 and Revocable Encroachment Permit 22-1997 an uthorized refund of the appeal fee
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REGULAR ORDER
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11. RESOLUTION OF INTENTION AND RESOLUTION PRELIMINARILY APPROVING
THE ENGINEER'S REPORT FOR PROPOSED UNDERGROUND UTILITY
ASSESSMENT DISTRICT 2014-2 (WOODS COVE)
Staff Report: Senior Project Manager Pierre Sawaya gave a presentation describing the proposed Underground Utility Assessment District 2014-2 (Woods Cove) and the required next phase in the process.
Public Testimony: Joy Berry discussed the need to disclose to the Woods Cove residents the full extent of the assessment costs.
Karen Klammer, Larry Olvestad, Dan Christian, Stephen Jepson, Jeff Roedersheimer, Bill Niccum, Tom Gibbs, and Matt Lawson said they supported undergrounding the utility poles and they explained. Craig Davis thanked staff and their open communications with residents.
He stated that he supported the project, and he appreciated the city's financial assistance.
Davis said that public safety was the number one priority, and it is important to move forward with the undergrounding of utility poles.
Michael Rich, Leah Vasquez, and Jake Price voiced their concerns about the proposed underground utility assessment district, and they suggested postponing the process.
Christy Miller suggested funding options for residents with financial hardship.
Questions of Staff: Mayor Pro Tem Sue Kempf confirmed with staff that the proposed city contribution of $1.5 million would be in addition to prior monies that had been set aside for the district.
Councilmember Alex Rounaghi discussed the deferred assessment program, and he suggested raising the eligibility level to allow more residents access to the program. A discussion ensued.
Moved by Councilmember Alex Rounaghi, seconded by Councilmember Mark Orgill, and carried unanimously 4/0 (Councilmember George Weiss recused himself because he lives within the proposed District) to:
(1) Adopt Resolution #23.061 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, DECLARING ITS INTENTION
TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS AND TO FORM UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 2014-2 (WOODS COVE)" with Section 14 as revised by the Council;
(2) Adopt Resolution #23.062 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, PRELIMINARILY ADOPTING,
CONFIRMING, AND APPROVING THE ENGINEER'S REPORT AND
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APPOINTING THE TIME AND PLACE FOR HEARING PROTESTS TO
IMPROVEMENTS IN PROPOSED UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 2014-2 (WOODS COVE)";
(3) Appoint the December 12, 2023, City Council Meeting for a public hearing regarding proposed Underground Utility Assessment District 2014-2; (4) Acknowledge the intent to contribute $1,578,117 for the General Benefit cost, if the district is approved and prior to bonds being sold;
(5) Authorize the City Manager to sign and return ballots in support of the proposed assessment district for two City-owned parcels, located within the district at Fire Station No. 2 (APN 644-271-01) and Bluebird Park (APN 644-222-01); and (6) Direct staff to return to the Council with a revised deferred assessment program.
12. CITY COUNCIL 2024 MEETING SCHEDULE
Staff Report: Assistant City Manager & CFO Gavin Curran highlighted potential adjustments to the proposed 2024 City Council meetings in August, September, and October.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to approve the City Council meeting schedule for calendar year 2024, adding a meeting on October 8, 2024.
PUBLIC HEARING FOR APPEAL
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13. APPEAL OF APPROVAL OF CONDITIONAL USE PERMIT 20-5984, DESIGN REVIEW 20-5985, COASTAL DEVELOPMENT PERMIT 20-5986. VARIANCE 23- 0523, AND REVOCABLE ENCROACHMENT PERMIT 23-0726 TO DEMOLISH AN
EXISTING CAR WASH FACILITY AND CONSTRUCT A NEW MIXED-USE RETAIL AND RESIDENTIAL PROJECT AT 1890 SOUTH COAST HIGHWAY
Staff Report: Principal Planner Anthony Viera gave a presentation on the proposed construction of a new mixed-use retail and residential building where a car wash facility currently resides at 1890 South Coast Highway. He said the project had been approved by the Planning Commission (PC) on June 7, 2023, and thereafter, two neighboring property owners had filed separate appeals for the project contending that, among other issues, the PC had incorrectly determined that the project was exempt from the provisions of CEQA (California Environmental Quality Act), and specifically asserted that the CEQA analysis did not evaluate contamination on the site. Viera stated that staff's recommendation was to overturn the PC's approval and remand the project to the PC, directing staff to prepare an Initial Study pursuant to CEQA guidelines.
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Laguna Beach City Council Minutes September 26, 2023
Questions of Staff: Councilmember Alex Rounaghi confirmed with staff that tonight's discussion would be focused on the Initial Study and the other reasons for the appeal would not be considered. He suggested the appellants receive a refund for their appeal fees because conducting the Initial Study could change the project.
City Attorney Megan Garibaldi stated that refunding of the appeal fund, per the municipal code, would be at the City Council's discretion.
Councilmember George Weiss asked if the Initial Study would impact the size of the project.
Principal Planner Anthony Viera responded that the project size may or may not change, and he explained. Director of Community Development Marc Weiner added that because remediation had taken place in 2001, it was unlikely that the project would change, but it was a possibility.
Public Testimony in Support of the Appeal: Stephen Jeppson, appellant, stated that since the project would be remanded to the PC, there was no need to speak to all of his issues regarding the project. Ryan Miller, appellant, voiced concerns that the Initial Study had not been conducted earlier, and he asked that the city take the necessary steps to ensure this issue does not arise again. A member of the public, Larry Olvedstad, Christy Miller, Tony Fisch, and Wendy Cooperstein stated that they supported the appeal and remanding the project to PC, and they described.
Public Testimony in Opposition of the Appeal: Anders Lasater, architect for the property owner, stated that the Initial Study would be conducted by a third party and paid for by the applicant. He said they welcomed the Initial Study and were happy to remediate the property.
Councilmember George Weiss voiced concerns that remediation concerns had not been addressed earlier in the process. Community Development Director Marc Wiener clarified that remediation of the property would have been required regardless of conducting an Initial Study, and he explained.
Rebuttal: Ryan Miller, appellant, reiterated that the error of approving the project without an Initial Study was a failure in city procedures and he hoped this situation would be utilized as an opportunity to make needed adjustments.
Councilmember Comments: Councilmember George Weiss asked how the circumstances led staff to determine that they had errored, and an Initial Study would be required. Principal Planner Anthony Viera described how staff had errored and now was recommending remanding the project to the PC.
Councilmember Alex Rounaghi clarified with staff that remediation of the property would have been conducted without the Initial Study. He stated that the CEQA process was complex, and the city was working to better understand it and he explained. Councilmember Rounaghi said he supported remanding the project and refunding the appeal fee. -8-
Laguna Beach City Council Minutes September 26, 2023
Moved by Councilmember Alex Rounaghi, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to:
(1) Overturn the Planning Commission's approval of Conditional Use Permit 20-5984, Design Review 20-5985, Coastal Development Permit 20-5986, Variance 23-0523, and Revocable Encroachment Permit 23-0726;
(2) Remand the project to the Planning Commission and direct staff to prepare an Initial Study pursuant to the California Environmental Quality Act guidelines; and (3) Direct staff to refund the appeal fee.
ADJOURNMENT
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There being no further business, Mayor Whalen at 8:29 p.m., Tuesday September 26, 2023, adjourned 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, October 10, 2023, at City Hall, 505 Forest Avenue, Laguna Beach California.
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Approved: October 10, 2023 Bethal
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.
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NOTICE OF ADJOURNMENT OF CITY COUNCIL MEETING
(GOVERNMENT CODE SECTION 54995)
EXCERPT OF THE MINUTES OF THE
HYBRID VIRTUAL/IN-PERSON REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH
September 26, 2023
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The hybrid virtual/in-person Regular Meeting of the City Council of the City of Laguna Beach was held at 5:00 p.m., Tuesday, September 26, 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 8:29 p.m., Tuesday, September 26, 2023, adjourned to the Closed Session at 4:00 p.m. and hybrid virtual/in-person Regular City Council Meeting at 5:00 p.m., Tuesday, October 10, 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 27 day of September 2023.
O. AGUNA BEACH
"CORPORATED City Clerk of the City of Laguna Beach California VUNE 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, September 26, 2023, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on September 27, 2023, at the hour of 3:00 p.m., a copy of the Notice was posted at a conspicuous place on or near the door of the place at which said meeting of the City Council was held.
City Clerk of the City of Laguna Beach, Califomia