Laguna Beach City Council Minutes October 24, 2023
MINUTES
LAGUNA BEACH CITY COUNCIL
HYBRID VIRTUAL/IN-PERSON REGULAR MEETING
October 24, 2023
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, October 24, 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.
EXTRAORDINARY BUSINESS
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1. UPDATE FROM STATE SENATOR JANET NGUYEN OF THE 36TH SENATE DISTRICT State Senator Janet Nguyen provided a legislative update.
2. YEARS OF SERVICE RECOGNITION
Received and filed the report recognizing the following City employees with milestone years of service: Fernando Arizmendi, Daniel Castro, Shannon Espinoza, Robert Ibarra, Niko King, James Kirk-Johnson, Jason McMenomy, Garrett Rauch, and Kelsey Tighe for one year; Dane Doran and Matthew Walker for five years; Cheryl Baldridge, Jeremy Frimond, Maria Ring, and Mariann Tracy for 10 years; and Steven McDowell and Larry Worman for 20 years.
PUBLIC COMMUNICATIONS
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Charlotte Masarik, Jinger Wallace, Ramin Pejan, and Chris Catsimanes expressed concerns with the City's continued use of glyphosate (Roundup®) to kill invasive plants in the open space.
A member of the public suggested that the City build a community pool at Lang Park or the former St. Catherine's property.
Robert Smith reiterated his concerns regarding the second-story accessory dwelling unit (ADU) proposed on Louise Street.
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Laguna Beach City Council Minutes October 24, 2023
Steve McIntosh, Gary Kasik, and Steve Brown reiterated their concerns related to the Laguna Beach Unified School District's Master Plan, and Sensible Laguna's interest in being actively involved with the City's subcommittee.
Kate McMahon expressed her increased concerns regarding safety on Coast Highway, magnified due to the amount of active construction occurring.
Mina Ala requested help in locating her missing brother, Dr. Mohammad Ala, a Laguna Beach resident who was reported missing in August.
Rick Conkey requested the City's endorsement of the seven-days-a-week beach cleanup program he is implementing.
COUNCIL AND STAFF REPORTS
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City Treasurer Laura Parisi reported that she attended the California Public Finance Conference, which included sessions on cost-cutting measures in the administration of municipal bonds, disclosure requirements, and advances in bond trading and pricing. She thanked the Council for investing in continuing education.
Councilmember George Weiss reiterated his disappointment in the appointment of Mayor Bob Whalen and Mayor Pro Tem Sue Kempf to the ad hoc subcommittee for the School District and community pool issue, stating that Sensible Laguna should be included. He also supported consideration of South Laguna's requests related to elimination of the use of Roundup®, and agreed with the safety concerns related to Coast Highway.
Councilmember Mark Orgill concurred with the concerns related to safety on Coast Highway. He also reported that Vector Control has advised that mosquito season has extended into the fall, and provided tips for avoiding related risks of transmitted diseases to humans and pets.
Councilmember Alex Rounaghi agreed with concerns expressed about safety on Coast Highway, commenting that those concerns are reasons for the City to consider acquiring the road from the County. Councilmember Rounaghi also reported on Spigot Liquor's 90" anniversary celebration, the Orange County Transportation Authority Citizens Advisory Committee meeting where the OC Transit Vision was discussed, and he reported on the Sustainability Decathlon that was held at the Orange County Fairgrounds.
Mayor Pro Tem Sue Kempf requested that staff ask Caltrans to post reduced speed limit signs in the construction areas. She congratulated the Laguna Open, the world's longest-running beach tournament, and she also commented on the Spigot Liquor anniversary celebration.
Mayor Bob Whalen noted previous communications with Caltrans, and requested that staff arrange for Caltrans to report back to the Council on the safety issues. Mayor Whalen also confirmed that staff will return to Council before spring on fuel modification plans, to address the residents' concerns related to the use of Roundup®.
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CONSENT CALENDAR
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Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember George Weiss, and carried unanimously 5/0 to approve items 1, 2, 4, 5, 7 and 8.
MINUTES OF THE CITY COUNCIL MEETING
Public Testimony: Michele Monda voiced concerns about how public comments in the minutes were being recorded. She urged the City Council to include the testimony from the public in its entirety for transparency purposes.
Trish Sweeney thanked staff for clarifying the document search portal on the city's website. She offered suggestions and stated that it was important that the minutes reflect what was discussed at the meetings. Sweeney said that omitting public comments created a City Clerk Ann Marie McKay responded to the public comments stating that she utilized guidelines from the City Clerk's Association of California regarding minutes and the purpose of minutes, which were to document decisions made by the legislative body and not to record every comment from City Council meetings. She said minutes from a meeting should be objective and factual.
Councilmember George Weiss stated that it was important to include vital issues that arose in public comment.
Mayor Bob Whalen confirmed with the City Clerk that she would continue to summarize the public comments portion of the minutes.
Moved by Councilmember Alex Rounaghi, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to approve the Minutes of the Regular Meeting of the City Council of October 10, 2023.
WARRANT LISTING
Warrants: $2,571,539.13 9/29/23
Payroll #7 $1,600,182.07 10/06/23
Total $4,171.721.20
Approved the general warrants and payroll disbursements.
CLAIMS AGAINST THE CITY
(1) Rejected claim #23-16 filed by Ryan Clark; and
(2) Rejected claim #23-24 filed by Leonard Feigenbaum.
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WORKERS' COMPENSATION ALTERNATIVE DISPUTE RESOLUTION
AGREEMENT BETWEEN THE CITY OF LAGUNA BEACH AND LAGUNA BEACH FIREFIGHTERS' ASSOCIATION LOCAL 3684
Councilmember Alex Rounaghi pulled this item to allow for further discussion.
Public Testimony: Tom Padden, President of the Laguna Beach Firefighters' Association, explained the process of the dispute resolution agreement with the city.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember Alex Rounaghi, and carried unanimously 5/0 to authorize the City Manager to execute a Workers' Compensation Alternative Dispute Resolution Agreement between the City of Laguna Beach and the Laguna Beach Firefighters' Association Local 3684.
7. RESOLUTION RATIFYING SIDE LETTER AGREEMENTS WITH FOUR LABOR
ASSOCIATIONS FOR A HOLIDAY CLOSURE PROGRAM IN THEIR
MEMORANDUM OF UNDERSTANDING
Public Testimony: Jennifer Zeiter urged the City Council to deny the recommended action. She added that this discussion should be a part of labor negotiations and not presented as a side letter agreement.
Councilmember George Weiss commented that while he was not opposed to allowing a paid holiday between Christmas and New Year's for the employees, he did believe it should be part of a labor negotiation because it was a benefit. He stated that he would like to review an employee productivity measurement resulting from these benefits.
Councilmember Mark Orgill asked to hear from the Interim City Manager. Interim City Manager Sean Joyce commented that although he respected the public's comment, he endorsed the recommended action, and his reasons were stated in the staff report. He suggested that at the next labor negotiations, this topic be discussed.
Councilmember Mark Orgill stated that he supported the recommended action, and it was important to continue to add employee incentives.
Councilmember Alex Rounaghi commented there were four employee associations that negotiated contracts at different times, and therefore this would need to be part of those discussions after the holidays. He said he supported the recommended action. -4-
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Moved Councilmember Alex Rounaghi, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to:
(1) Adopt Resolution #23.063 titled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, RATIFYING THE SIDE
LETTER OF AGREEMENTS BETWEEN THE CITY AND THE LAGUNA
BEACH MUNICIPAL EMPLOYEES' ASSOCIATION, THE LAGUNA BEACH
POLICE EMPLOYEES' ASSOCIATION, THE LAGUNA BEACH
FIREFIGHTERS ASSOCIATION LOCAL 3684, AND THE LAGUNA BEACH POLICE AND FIRE MANAGEMENT ASSOCIATION," and
(2) Authorize the City Manager to sign employee association side letters of agreement.
AMENDMENT TO SERVICE PROVIDER AGREEMENT FOR LANDSCAPE
MAINTENANCE SERVICES
Authorized the City Manager to amend Agreement #20-120 with Parkwood Landscape Maintenance, Inc. to include landscaping service to Aliso Beach Park for an additional $15,000 and a total agreement cost not-to-exceed $165,000.
REGULAR ORDER
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DISCUSSION ON FIRE PITS, OBSERVATION CAMERA, AND LIGHT POLE AT
ALISO BEACH AND FIRST READING OF ORDINANCE AMENDING PORTIONS OF TITLE 18 AND 15 OF THE LAGUNA BEACH MUNICIPAL CODE RELATED TO
USE OF FIRE AND FINDING SAID ORDINANCE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Interim City Manager Sean Joyce introduced the item, clarifying that the recommendation had been changed, and he suggested that the first reading of the fire pit ordinance be heard at the same time as the Aliso Beach berm ordinance to ensure consistency.
Mayor Bob Whalen clarified that the City Council would still be addressing recommendations two through five in the staff report.
Staff Report: Marine Safety Captain Kai Bond gave a presentation on the fire pits, an observation camera, and a light pole at Aliso Beach.
Questions of Staff: Mayor Pro Tem Sue Kempf asked how the observation camera would be utilized. Marine Safety Chief Kevin Snow explained the uses of the observation camera and how it would be monitored.
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Councilmember Mark Orgill confirmed with staff that the camera would offer a 360-degree view of the parking lot, berm, and the ocean at Aliso Beach, and a second camera could be proposed in the future if there were a need for additional coverage of the area.
Councilmember George Weiss asked about the number of fires pits when the beach was under county jurisdiction. Marine Safety Chief Kevin Snow described the history of the fire pits at Aliso Beach, and he said it was difficult to give a historic exact number of the fire pits.
Councilmember George Weiss asked about the gas fire pit rentals at the Lost Pier Café.
Public Testimony: Billy Fried verified that the number of fire pits has been "fluid" under the County's management of Aliso Beach; however, he said there had been six fire pits on the beach at one time. He thanked staff for bringing back the fire pits to Aliso Beach and that installing four fire pits would be a good start. Fried urged staff to consider adding two or three along the parking lot because the fire pits were in high demand. He said he did not support propane fire pits and he explained. A member of the public stated that the fire pits were a benefit to the community in South Laguna and she supported the recommended action.
Joanne, Robert, and Kate McMahon, residents above Aliso Beach, stated that the fire pits were not feasible at Aliso Beach for fire safety purposes, and harmful to their health, and did not support installing fire pits at the beach.
Mike Beanan discussed the value of protecting the Aliso berm and the importance of the observation camera.
RJ Bear, director of food and beverage at The Ranch, described the rules and procedures for use of the propane fire pits at the Lost Pier Cafe.
Councilmember Comments: Mayor Bob Whalen clarified the usage of the propane fire pits owned and operated by the Lost Pier. He referenced the diagram on page four of the staff report depicting the proposed placement of the wood-burning fire pits and he highlighted the section that stipulated that the fire code official had the authority to identify the conditions under which beach burning would be prohibited. Mayor Whalen confirmed with staff that there would not be any city staff specifically monitoring the wood-burning fire pits.
Marine Safety Chief Kevin Snow stated that the area would be regularly patrolled by city staff to enforce city regulations.
Councilmember George Weiss voiced concerns that by combining both the propane fire pits and the proposed wood-burning fire pits, there would be an larger number of fire pits from how many the county had provided. He said the wood-burning fire pits at Aliso Beach were problematic and he suggested phasing them out.
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Laguna Beach City Council Minutes October 24, 2023
Councilmember Mark Orgill confirmed with the Lost Pier representative that the maximum number of propane fire pits was four and they were closed a half-hour prior to sunset. He confirmed with staff that the observation camera was capable of monitoring the area of the propane fire pits.
Mayor Bob Whalen asked the City Attorney about the Coastal Development Permit (CDP) process to install wood-burning fire pits. City Attorney Megan Garibaldi briefly described the CDP process.
Mayor Bob Whalen stated that he supported recommendations two through five in the staff report; however, he said when the ordinance returned to the City Council there were issues that had been raised this evening that he wanted staff to address, and he explained.
Councilmember George Weiss confirmed with staff that the wood-burning fire pits' cement enclosure would be 5 feet in diameter.
Councilmember Alex Rounaghi suggested staff confirm that the fire pit enclosure was the same size as Capo Beach's fire pits, and to eventually investigate installing fire pits near the parking lot at Aliso. He added that his ultimate decision when the ordinance returned to the City Council would be to defer to the Fire Chief as to the safety of the wood-burning fire pits and the necessary criteria to ensure safety for the entire community.
Moved by Mayor Bob Whalen, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to:
(1) Direct staff to proceed with the appropriate Coastal Development Permit ("CDP") process for purposes of installing wood-burning fire pits; (2) Direct staff to replace the light pole and install an observation camera at Aliso Beach and appropriate $35,000 from the South Laguna Fund for the purchase; (3) Determine that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15301 (Class 1), 152302 (Class 2), 15303 (Class 3), and 15304 (Class 4); and
(4) Direct staff to file and post a Notice of Exemption consistent with the above-stated CEQA finding within five days of this approval.
10. PUBLIC TREE REMOVAL AT 387 EL CAMINO DEL MAR (WEISS) Staff Report: City Arborist Matthew Barker gave a presentation on a continued item from the October 10, 2023, City Council meeting regarding the public tree removal at 386 EI Camino Del Mar.
Questions of Staff: Councilmember Alex Rounaghi posed several questions to the City Arborist and he confirmed that the risk assessment method employed had been based on best practices; Barker is highly qualified to make determinations as to the health and safety -7-
Laguna Beach City Council Minutes October 24, 2023
of trees; he observed root damage to the tree when sidewalk repair was performed; the crown sparsity was not a reason for removal, but rather was a factor that the tree roots had been negatively impacted by the construction that had incurred; ground-penetrating radar, as suggested by an outside consultant, would not provide any additional information pertaining to the root damage; and the failing of this eucalyptus tree could cause severe damage to property and life.
Mayor Pro Tem Sue Kempf confirmed with the City Arborist that the tree at 387 El Camion Del Mar weighed several thousand tons.
Councilmember Mark Orgill asked about the circumstances that led to the city investigating the health of the tree. City Arborist Matthew Barker answered that the adjacent homeowner had raised concerns about the declining health of the tree crown.
Councilmember Mark Orgill voiced concerns about sidewalk repair damaging tree roots throughout Laguna Beach. He stated that although he appreciated the City Arborist's qualifications to make his determination, he said a second opinion was always valued.
Councilmember George Weiss stated that the tree looked healthy to him, and the consulting arborist suggested giving the tree time to heal from the cut roots.
Public Testimony: Howard Englander, homeowner at 387 El Camino Del Mar, voiced his concerns about the tree and urged the City Council approve the removal of the tree for safety purposes.
Louise Zeller, 655 Catalina Street, stated that she supported the decision of the City Arborist and City Council.
Chris Reed referenced the findings of the arborist consultant and his conclusion that removal of the tree was premature. He urged the City Council to deny removal of the tree and direct the City Arborist to return in a year after observing further risk assessment after mitigating the tree's apparent diseases. Councilmember George Weiss confirmed that Reed felt that the dismissal of utilizing the ground-penetrating radar was not good advice.
Ann Christoph asked the City Council to deny removal of the tree because the evidence of its health and instability was inconclusive. She said a more detailed assessment should be conducted. Christoph said she questioned the proposed finding in the CEQA analysis stating that there was no possibility of cumulative impacts, and she explained.
Jacob Cherub stated that the City Arborist had not done all that he could do for the tree, and he described. He said more analysis should be performed and he did not support removal of the tree.
Questions of Staff: Mayor Bob Whalen asked about the level 3 risk assessment raised in the public comments. City Arborist Matthew Barker stated that he conducted a level 2 risk assessment on the tree and level 3 would be an elevation of that assessment. -8-
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Assistant Director of Public Works Reza Jafari confirmed that the elevated level 3 assessment could be facilitated within three to five weeks.
Councilmember Alex Rounaghi asked staff under what circumstances would a level 3 risk assessment be recommended. City Arborist Matthew Barker answered that a level 3 risk assessment would be conducted if there were any doubt from the level 2 risk assessment and further analysis would be required to assess the risk. He stated that if the level 3 risk assessment would provide information that he had not uncovered from the level 2 assessment, he would have made that recommendation in the arborist report.
Councilmember Mark Orgill asked about improvement in the crown of the tree and if the tree was becoming more healthy. City Arborist Matthew Barker explained that he looked at the overall density of the foliage and there were many different factors when assessing the crown health and how that was reflected on the site and the history.
Councilmember Mark Orgill raised concerns about the cumulative impact of tree root damage in Laguna Beach from sidewalk repairs.
City Attorney Megan Garibaldi answered that there were no facts that indicated in the record that there were cumulative impacts in Laguna Beach and therefore, they had no reason to believe that it was occurring in this instance.
Councilmember Mark Orgill confirmed with the City Arborist that any construction activity conducted near a public tree would be closely monitored and assessed for any damage.
Councilmember Comments: Councilmember George Weiss commented that although he appreciated the analysis conducted on the tree, he said he believed it was inconclusive at this time. He said there was significant public interest in the tree, and it was important to bring certainty to the need to remove the tree.
Councilmember Alex Rounaghi stated that the issue before the City Council was public safety. He said it was important to question the experts; however, he said none of the questions raised disputed the analysis performed by the City Arborist that were based on the best practices for risk assessment. Councilmember Rounaghi said that the assessment was not based on speculation because the City Arborist observed the root damage. He stated that if the tree were to fall over the adjacent home the consequences could be life or death.
Mayor Pro Tem Sue Kempf commented that the trees were beautiful; however, she said safety was her first priority and she supported removal of the tree.
Councilmember George Weiss stated that the analysis was incomplete, and the level 3 risk assessment should be performed. He said the tree was a precious city resource and deserved more time to evaluate its health. Weiss made a motion to perform a level 3 risk assessment. -9-
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Mayor Bob Whalen commented that he had hoped to hear that there would be more certainty by conducting a level 3 risk assessment; however, he said the City Arborist had assured him that it was not required.
Councilmember Mark Orgill suggested monitoring the trees alongside the installation of the new sidewalks being constructed by Caltrans on Coast Highway to ensure no root damage was occurring. Assistant Director of Public Works Reza Jafari confirmed that staff could work with Caltrans to ensure they were protecting the trees and were coordinating with the City Arborist.
Moved by Councilmember George Weiss and seconded by Councilmember Mark Orgill to direct staff to perform a Level 3 risk assessment.
Moved by Councilmember Alex Rounaghi, seconded by Mayor Pro Tem Sue Kempf, and carried 3/2 (Councilmembers Mark Orgill and George Weiss dissented) to:
(1) Approve the removal of the lemon-scented gum tree located at 387 El Camino Del Mar; (2) Determine that the recommended action is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines section 15304 (Class 4) categorical exemption; and
(3) Direct staff to file and post a Notice of Exemption consistent with the above-stated CEQA finding within five days of this approval.
COUNCILMEMBER ITEMS
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11. PROPOSED LANG PARK PICKLEBALL COURT RELOCATION (WEISS) Councilmember George Weiss stated that the purpose of the item was to find a win-win solution to ensure the pickleball community had enough courts in Laguna Beach and the right of residents to enjoy the peace and tranquility of their homes were being met. He described the staff report and voiced his concerns. He asked about a letter submitted by the Foundation Aiding the Elderly.
City Attorney Megan Garibaldi stated that she did not share the concern of the Foundation Aiding the Elderly that the on-going and continually daily noise caused by pickleball could be considered elder abuse. She said the city had followed its codes and she did not see grounds for liability.
Questions of Staff: Mayor Pro Tem Sue Kempf asked about the conversion of tennis courts to pickleball in Councilmember Weiss' recommendations. Recreation Supervisor Alexis explained why Bluebird Canyon and Alta Laguna Park tennis courts would not be candidates for pickleball courts.
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Mayor Pro Tem Sue Kempf asked about Councilmember Weiss' recommendation to build pickleball courts on the northwest side of Lang Park. Director of Transit and Community Services Michael Litschi stated that staff had not conducted any studies to determine the viability of constructing permanent pickleball courts at the northwest portion of Lang Park.
He commented that there were other recreational activities currently utilizing that area.
A discussion ensued regarding the proposed pickleball locations highlighted in Councilmember Weiss' recommendations.
Public Testimony: Claudia Redfern, Shane DiMaggio, Julie Eisner, Kurt Allen, Joanna Liddiard, Steve McIntosh, Monica Simpson, Michael Scampini, Debbie Gilbert, Ellen Bosworth, Charlie Fletcher, Kristin Hennessey, Linda Fountain, and Roger Kempler stated that they supported maintaining the pickleball courts in their current location in Lang Park and they listed their reasons.
Patrick Cannon, a member of the public, Susan Cruciana, Joanne McMahon, Chris Catsimanes, and Jennifer Zeiter stated that they supported removing the pickleball courts at the current location in Lang Park and they explained.
Councilmember Comments: Mayor Bob Whalen commented that although the conversion of the courts to pickleball had been approved at the City Council meeting in November 2022, he said he had stated in the motion that if the installation of the sound attenuating was determined by the neighbors to be ineffective, the item would need to return to the City Council. Mayor Whalen said that at that meeting he had stated that staff would need to investigate other pickleball locations, because he did not believe this location was good because it was too close to neighboring apartments. He suggested the conversion of another tennis court to pickleball at Alta Laguna Park, converting the Lang Park court back to tennis, and directing staff to investigate a long-range plan to build pickleball courts in Lang Park, but away from any housing.
Mayor Pro Tem Sue Kempf stated that pickleball courts in Bluebird Canyon would create worse sound issues than its current location and the tennis players would not accept another pickleball court at Alta Laguna Park. She suggested installing more sound attenuation by raising the fence at the current location. Mayor Pro Tem Kempf commented that pickleball was a growing sport and the demand would continue to expand. She added that the sound attenuation studies had come back with normal levels.
Councilmember George Weiss said every resident in Laguna Beach had the right to enjoy the peace and tranquility of their home and to not experience intrusive noise on a daily basis. He suggested converting the tennis courts at Moulton Meadows. He stated that he supported pickleball, but he placed a priority on not negatively impacting Laguna Beach residents.
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Councilmember Alex Rounaghi commented that there was no easy way forward to solve the problem. He said it was important to mitigate the noise for the residents at Vista Aliso and he agreed with Mayor Pro Tem Kempf that more sound attenuation should be constructed. Councilmember Rounaghi said pickleball brought the community together in South Laguna and to shut down these courts would be a disappointment. He stated that he supported maintaining the Lang Park pickleball courts while continuing to pursue other long-term pickleball locations.
Councilmember Mark Orgill stated that he had conducted research and the decision to convert the tennis courts to pickleball courts at this location had been a huge mistake on the city's part. He commented that the recommended minimum distance from homes was 100 feet, including extensive sound mitigation, and 200 feet was the standard recommendation.
Councilmember Orgill added that all sound was not created equal and pickleball noise, although it met the city's decibel levels, was extremely annoying. He said he supported Mayor Whalen's recommended action and there was no easy solution to the problem.
Councilmember Orgill asked staff if Mayor Pro Tem Sue Kempf's suggested added sound attenuation could make a sizable difference for the neighboring residents.
Director of Transit and Community Services Michael Litschi responded to Councilmember Orgill explaining that sound was a qualitative issue and therefore he could not answer that question; however, he said staff could meet with their sound consultants to investigate additional sound mitigation options. He added that there is signage that encourages pickleball participants to be quiet to keep the noise down for the neighbors.
Councilmember Alex Rounaghi suggested a longer timeline for the removal of the pickleball courts at Lang Park than recommended what was in Councilmember Weiss' report.
Mayor Bob Whalen said that his motion was to ensure the Lang Park pickleball courts would not close until the Alta Laguna courts had been converted.
Councilmember George Weiss stated that the November 15, 2023, pickleball closure date stated in the report could be moved to the end of the year or however long it took to convert the other pickleball courts.
A lengthy discussion ensued regarding the process and timeline to convert tennis courts to pickleball, while at the same time exploring additional options to lessen the noise impact on the neighbors.
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Moved by Mayor Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0:
(1) Direct staff to perform the CEQA (California Environmental Quality Act) analysis required to convert one additional court at Alta Laguna to provide additional capacity for pickleball, to return the use of the courts at Lang Park to tennis play only; (2) Direct staff to investigate additional sound mitigation options for Lang Park; and (3) Direct staff to investigate alternate location(s) that could accommodate or expand pickleball courts.
12. CONSIDERATION TO PROPOSE STATE LEGISLATION THAT ADDRESSES BY-
RIGHT HEIGHT RESTRICTIONS FOR ACCESSORY DWELLING UNITS (ADU)
BASED ON LOCAL JURISDICTION'S COMPLIANCE WITH ITS REGIONAL SASTRUCIONS FOR
HOUSING NEEDS ASSESSMENT (ROUNAGHI)
Councilmember Alex Rounaghi briefly outlined his report stating that the recommended action proposed to allocate more low-income housing, while allowing for added local control pertaining to the ADU height restrictions, and he explained.
Mayor Bob Whalen raised his concerns with recommendation number one in the agenda report and a discussion ensued.
Public Testimony: Cody Engle said he supported Councilmember Rounaghi's proposal, and he encouraged staff to conduct a multi-focused attack with the Coastal Commission regarding the loss of view equity from public space, and to develop objective standards for view equity management.
Glenn Butler stated that laws were in place both state and local that allowed for granny flats over garages; however, he said there was a potential to impact views. He suggested not eliminating all upper-level ADUs that did not affect view equity and allowing those upper-level ADUs that had already been approved.
Councilmember Alex Rounaghi stated that this would be a potential law that would take place in 2024, so it would not impact currently approved ADUs. Per Mayor Whalen's comments, he suggested keeping the legislation proposal broad and figure out what would be the best strategy and most realistic to help the city to achieve its goal, but at the same time the most politically feasible in this environment.
Mayor Bob Whalen clarified that if the city reached 198 low-income housing units, then the second-story ADUs would go through the discretionary design review process. He said it would be important to figure out the correct approach and adjust recommendation number one is the agenda report.
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Moved by Councilmember George Weiss, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to:
(1) Formally sponsor and support a legislative proposal that that would allow cities that have achieved certain milestones on their Regional Housing Needs Assessment requirement to be exempt from being required to allow 25 feet Accessory Dwelling Units, reverting to the previous standard of 16 feet (allow flexibility to change based on strategy;
(2) Appoint Councilmembers Mark Orgill and Alex Rounaghi to an ad hoc committee to work with the City Manager, City Attorney, and Townsend Public Affairs to refine the legislative proposal and strategy for the upcoming 2024 legislative session; (3) Amend the 2023 Legislative Platform to include supporting the legislative proposal; and -
(4) Direct the ad hoc committee to meet with relevant state stakeholders, including but not limited to, the state HCD (California Department of Housing and Community Development, California Coastal Commission, and our Orange County legislative delegation to lobby for the legislative proposal and advance the City's regulatory and legislative priorities related to ADUs as defined in the City's Legislative Platform.
13. RESOLUTION CONDEMNING ACTS OF TERRORISM AGAINST ISRAEL, AND
URGING ACTION TO PROTECT INNOCENT CIVILIANS
Staff Report: Interim City Manager Sean Joyce briefly outlined the staff report.
Public Testimony: Emil Monda spoke on behalf of the Jewish community, thanking the City Council for adopting the resolution condemning acts of terrorism against Israel, and urging action to protect innocent civilians.
Moved by Councilmember Alex Rounaghi, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to adopt Resolution #23.064 titled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA,
CONDEMNING ACTS OF TERRORISM AGAINST ISRAEL, AND URGING ACTIONS TO PROTECT INNOCENT CIVILIANS."
ADJOURNMENT
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There being no further business, Mayor Whalen at 10:10 p.m., Tuesday October 24, 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, November 7, 2023, at City Hall, 505 Forest Avenue, Laguna Beach California.
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Laguna Beach City Council Minutes October 24, 2023
Approved: November 7, 2023
Bob Whalen, Mayor
CHUK
Note: All components of minutes shall be for the primary purpose of memorializing decisions made by the legislative body. Any minute component that does not serve this primary purpose will be minimized or eliminated; this includes comments made by individual body members and members of the public. Discussions that occurred during the meeting can be viewed in archived video recordings on the city's website. Public submittals on items received prior to adjournment of the meeting are retained in the administrative record and can be viewed in the city clerk's repository.
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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
October 24, 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, October 24, 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 10:09 p.m., Tuesday, October 24, 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, November 7, 2023, at City Hall, 505 Forest Avenue, Laguna Beach, California.
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STATE OF CALIFORNIA
3 ss.
COUNTY OF ORANGE
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 25t day of October 2023.
" CORPORATED City Clerk of the City of Laguna Beach California "UNE 29, 192)
ANGE COUNTY CALIFOR
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, October 24, 2023, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on October 25, 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.
City Clerk of the City of Laguna Beach, California