Laguna Beach City Council Minutes December 12, 2023
MINUTES
LAGUNA BEACH CITY COUNCIL
HYBRID VIRTUAL/IN-PERSON REGULAR MEETING
December 12, 2023
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, December 12, 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 Mark Orgill led the Pledge of Allegiance.
CLOSED SESSION
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1. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Number of Cases: One (1)
Name of Case: Laguna Historic Preservation Coalition and Jurca v. City of Laguna Beach (Michael Ray), Orange County Superior Court Case No. 30-2021-01235816 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 regarding pending (existing) litigation because a discussion in open session will prejudice the position of the City.
2. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: City Manager
Employee Organizations: Laguna Beach Firefighters Association (FFA), Fire Management Association (PFMA)
Pursuant to the provisions of Government Code Section 54957.6, the City Council holds this closed session with the City's designated representative regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, and for represented employees, any other matter within the statutorily provided scope of representation. This closed session is for the purposes of reviewing the City's position and instructing the City's designated representatives.
City Attorney Megan Garibaldi reported that all Councilmembers were present and participated in the discussions, and there was no reportable action. -1-
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EXTRAORDINARY BUSINESS
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2023 CHILDREN'S HOLIDAY PALETTES
Mayor Bob Whalen congratulated 12 young artists for being selected winners of the 2023 Children's Holiday Palette Exhibition: Kate Berberian, Riya Samtani, Taylor Jones, Lucy Wilson, Kinsley Long, Ethan Kopernik, Ella Ho, Claire Kirby, Hailey Hathaway, Rocky Hobrect, Asher Lamb, and Linus Wong.
2. RECOGNITION OF OUTGOING MAYOR AND SELECTION OF MAYOR AND
MAYOR PRO TEM
Councilmember Mark Orgill nominated Councilmember Alex Rounaghi as Mayor Pro Tem, passed unanimously.
Councilmember Alex Rounaghi nominated Mayor Pro Tem Sue Kempf as Mayor, carried 4/0 (Councilmember George Weiss abstained).
Mayor Sue Kempf presented a proclamation to Councilmember Bob Whalen, commending his service as Mayor.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS
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Erin Slattery, Laguna Beach Chamber of Commerce, announced upcoming Chamber events.
Alan Boinus provided a presentation on construction at 1001 San Jose, asserting that it is not being built per the approvals.
Darlene Cedeno reiterated her concerns regarding the construction of a structure on a neighboring property on Mermaid Street.
Karyn Philippsen, The Laguna Playhouse, encouraged everyone to attend the Playhouse's current production, A Cinderella Christmas.
Gary Kasik, Sensible Laguna, provided an update on the Laguna Beach Unified School District's Facilities Master Plan.
Greg Viviani spoke about the Aliso Creek sand berm issue.
Roger Butow, Clean Water Now, opined on various issues related to Aliso Creek.
Michele Monda expressed disappointment with the City Council's decisions on its Mayor and Mayor Pro Tem appointments.
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MJ Abraham commented on the recent sewage spill and related it to employee turnover. Michael Morris also referenced the recent sewage spill and asserted the need for prioritization.
Matt Lawson congratulated Councilmember Bob Whalen, and Mayor Sue Kempf and Mayor Pro Tem Alex Rounaghi on their appointments.
Christy Miller expressed concerns regarding the installation of an administratively approved wireless communications facility at 1833 South Coast Highway that impacts her view.
COUNCIL AND STAFF REPORTS
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City Clerk Ann Marie McKay reported that applications are currently being accepted for upcoming openings on the Design Review Board, Environmental Sustainability Committee, Heritage Committee, Parking, Traffic, & Circulation Committee, Recreation Committee, and View Restoration Committee. City Clerk McKay stated that applications must be received no later than 4:30 p.m. on Friday, January 19, 2024. Specifics and the application are posted on the City's website, and available by contacting the City Clerk's office.
City Treasurer Laura Parisi announced that she has been appointed to the League of California Cities Revenue and Taxation Policy Committee.
Councilmember George Weiss commented on the authenticity of the City's Santa, and the successful and well-attended Hospitality Night. Councilmember Weiss referenced the recent sewage spill and reiterated his recommendation that the City Council work towards moving the responsibility of the sewage system to another agency. Councilmember Weiss commented on the reopening of the theater by Rivian, with it now on the National Register. He also noted the recent passing of longtime Laguna Beach residents Barbara Metzger and Laura Puente.
Councilmember Mark Orgill also commented on Hospitality Night and agreed that the City Council should continue to work on solutions to reduce sewer spills.
Councilmember Bob Whalen also commented on Hospitality Night and Rivian's renovation and reopening of the historic theater. Councilmember Whalen also advised that the community pool subcommittee will provide an update to the City Council in the first quarter of 2024 with data for consideration. Regarding the sewer spill, Councilmember Whalen agreed that a long-range plan may involve transferring responsibility of the City's sewage system; however, in the near term, the City must continue its work in investing in addressing the aging infrastructure.
Mayor Pro Tem Alex Rounaghi reported on attending the ACWA (Association of California Water Agencies) conference and the League of California Cities Orange County Division meeting at the historic Mission San Juan Capistrano. Mayor Pro Tem Rounaghi thanked Interim City Manager Sean Joyce for the work he has done and asserted that the City Council needs to be proactive.
Mayor Pro Tem Rounaghi also thanked City Attorney Megan Garibaldi for her guidance and Councilmember Bob Whalen.
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Mayor Sue Kempf also commented on the Rivian opening and renovation of the theater, and complimented staff on their work on the City's sewage system, and quick action on addressing the sewer spill.
CONSENT CALENDAR
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Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to approve items 1-6, 9-11, 13, and 15-17.
MINUTES OF THE CITY COUNCIL MEETING
Approved the Minutes of the Regular Meeting of the City Council of November 21, 2023.
WARRANT LISTING
Warrants: $3,715,439.79 11/09/2023
$3,303,194.21 11/22/2023
Payroll #10: $1.623,984.39 11/17/2023
Total $8.642.618.39
Approved the general warrants and payroll disbursements.
CLAIMS AGAINST THE CITY
Rejected claim #23-11 filed by South Coast Water District ("SCWD").
CITY TREASURER'S MONTHLY INVESTMENT REPORT FOR OCTOBER 2023 Received and filed the Monthly Investment Report for October 2023.
7. AWARD OF SERVICE PROVIDER AGREEMENT FOR FUEL MODIFICATION
PROJECT MANAGEMENT
Public Testimony: Nicki Honarkar Bostwick, Judie Mancuso, Ted Reckas, Amy Jackson, Tiffany, Liz Flack, Jordan, Alicia Bradbury, Chris Catsimanes, and Cindy Love voiced concerns over the Laguna Canyon Foundation's treatment protocols for vegetation management. They requested the postponement of the fuel modification project management agreement to ensure certain herbicides would not be utilized in Laguna Beach.
Tom Gibbs and Matt Lawson stated it was important to move forward with the agreement for fire safety purposes by reducing vegetation growth.
Questions of Staff: Mayor Pro Tem Alex Rounaghi confirmed with the City Manager that tonight's approval of the agreement would not lock the city into any vegetation treatment protocols. Interim City Manager Sean Joyce elaborated that the agreement would manage and administer the city's compliance pursuant to permits that had been issued. Joyce said -4-
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that approving the agreement would not include how the city's required fuel modification occurs. Joyce added that the January 9, 2024, meeting to discuss the use of pesticides would remain open if the City Council approved this agreement tonight.
Councilmember Mark Orgill confirmed with the City Manager that no glyphosate would be used for City fuel modification projects prior to the January 9, 2024, meeting.
Assistant to the City Manager Jeremy Frimond explained the standard service provider, three-year agreement.
Councilmember George Weiss asked about the impact to this agreement if after the January 9, 2024, meeting, glyphosate was not approved for use for fuel modification. Assistant to the City Manager Jeremy Frimond explained that a second three-year treatment protocol agreement had been approved by the City Council in 2019 and would be affected by the direction received from City Council at the January 9, 2024, meeting.
Mayor Pro Tem Alex Rounaghi commented that he looked forward to a productive conversation on January 9 that delved into alternatives for glyphosate. He requested that a staff report for that meeting be made public as soon as possible so that the public is given the proper time to study the subject. Mayor Pro Tem Rounaghi added that he would like to see case studies from other cities and their alternatives to glyphosate.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Authorize the City Manager to execute service provider agreement #23-173 with Laguna Canyon Foundation for fuel modification project management services, commencing January 1, 2024, through December 31, 2024, for an amount not-to- exceed $326,800;
(2) Authorize the City Manager to extend the agreement for two additional one-year terms provided services are satisfactory; and
(3) Direct staff to address possible impacts to related contracts in the January 9, 2023, agenda report on the review of treatment protocols for vegetation management programs, city parks, and hardscape.
LAGUNA BEACH TOURISM MARKETING DISTRICT ANNUAL REPORT
Public Testimony: Michele Monda and Chris Catsimanes voiced concerns about the impact of day-trippers to Laguna Beach and the need to not encourage these day trippers through local marketing.
Jacquie Schaefgen suggested the City Council request more detailed expenses from the annual report to understand the cost benefits.
Councilmember Comments: Councilmember George Weiss commented on the importance of resident-focused events in Laguna Beach.
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Mayor Pro Tem Alex Rounaghi thanked Visit Laguna for its stewardship role in Laguna Beach and agreed that it is important to review the use of the monies for these organizations.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to receive and approve the 2023 Laguna Beach Tourism Marketing District Annual Report.
AUTHORIZATION OF ANNUAL INVESTMENT POLICY, DELEGATION OF
INVESTMENT AUTHORITY TO THE CITY TREASURER AND APPROVAL OF THE
DEPUTY CITY TREASURER DESIGNEE WITH INVESTMENT AUTHORITY (1) Authorized the 2024 Investment Policy;
(2) Adopted Resolution #23.077 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIĄ, DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER"; and
(3) Authorized the Deputy Treasurer, Victoria McIntosh, to complete the investment duties in the event that the City Treasurer is not available.
10. RESOLUTION ADOPTING MEASURE M2 EXPENDITURE REPORT FOR FISCAL YEAR 2022-23
(1) Adopted Resolution #23.078 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, CONCERNING THE MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF LAGUNA BEACH," approving the Orange County Measure M2 Transportation Improvement Tax Expenditure Report for Fiscal Year 2022-23, as certified by the Director of Finance and Technology Services, subject to technical revisions in conformance with Orange County Transportation Authority (OCTA) guidelines; and
(2) Authorized the Director of Finance and Technology Services to sign and submit the report to OCTA.
11. ADOPTION OF LOCAL HAZARD MITIGATION PLAN
Adopted Resolution #23.079 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING THE CITY OF LAGUNA BEACH LOCAL HAZARD MITIGATION PLAN," as required by the Federal Emergency Management Agency.
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12. REQUEST TO WITHDRAW AN APPEAL OF THE PLANNING COMMISSION'S
APPROVAL OF A NEW LAGUNA COLLEGE OF ART AND DESIGN STUDENT
CENTER BUILDING AND TO REFUND APPEAL FEE
Public Testimony: Penelope Milne explained the reasons the appeal had been filed and purpose for its withdrawal, requesting that the full appeal fee be refunded.
Councilmember Comments: Councilmember Bob Whalen added that these are two adjacent properties and one had been funded by the state parks money, noting the importance of assessing studies being conducted on city properties.
Moved by Councilmember Bob Whalen, seconded by Mayor Pro Tem Alex Rounaghi, and carried unanimously 5/0 to approve the appellant's request to withdraw the appeal of the Planning Commission's approval of Conditional Use Permit 23-0998, Design Review 23- 0999, Coastal Development Permit 23-1000, and Mitigated Negative Declaration, and authorize a partial refund of the appeal filing fee in the amount of $1,305.
13. RENEWAL OF EMPLOYEE MEDICAL, DENTAL, AND ANCILLARY PLAN
SERVICES
Authorized the Interim City Manager to execute agreement #23-174 for Cigna Medical plan coverage, Delta Dental, VSP Vision, Cigna Employee Assistance Program (EAP), and agreement #23-175 Cigna for Basic and Voluntary Life/AD&D and Disability plans for the period of January 1, 2024, through December 31, 2024.
14. REDUCTION OF TEMPORARY USE PERMIT FEES RELATED TO THE
EXTENSION OF THE OUTDOOR DINING AND PARKLET PROGRAM
Public Testimony: Ann Christoph voiced concerns about the reissuance of the Temporary Use Permit (TUP) at AhbA restaurant in South Laguna, and she explained. John Thomas commented that he shared the same concern as Christoph, and he highlighted the wording in the agenda report that stated the TUPs would be presented as a comprehensive package.
He said that the TUPs should be looked at case-by-case.
Chris Catsimanes said he did not support the reduction in the TUP application fee associated with extending outdoor dining, and he explained.
Questions of Staff: Councilmember Bob Whalen confirmed with the City Attorney that the city could not charge more than the reasonable cost of providing a service. He stated that staff had determined that based on their time and the costs associated, the extension of the outdoor dining application process should be substantially reduced.
Councilmember Mark Orgill asked about notifying the neighbors near the businesses.
Director of Community Development Marc Wiener responded that each neighbor within 300 feet of the business would be noticed, and although the TUPs would be addressed -7-
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under one staff report at the January Planning Commission meeting, each business would have its own analysis and conditions included for the TUP in a resolution.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember Bob Whalen, and carried unanimously 5/0 to approve a reduction in temporary use permit fees related to the extension of the outdoor dining and parklet program from $1,672 to $382.
15. PURCHASE OF UNMARKED POLICE LIEUTENANT VEHICLE
(1) Authorized the City Manager to purchase one 2023 Ford Explorer for $48,000, plus $23,000 for conversion costs to equip the vehicle with emergency lighting, sirens, computers, and radio communication capabilities for a total of $71,000; and (2) Appropriated $71,000 from the Vehicle Replacement Fund to purchase and convert the vehicle for emergency response.
16. OFFICE OF TRAFFIC SAFETY GRANT
Appropriated $190,000 with a matching increase in estimated grant revenue to fund overtime salaries, and to purchase equipment and supplies for various traffic safety programs.
17. BRIC GRANT APPLICATION AND FUNDING COMMITMENT
(1) Authorized staff to submit a subapplication to CalOES for the Building Resilient Infrastructure and Communities grant for the undergrounding of overhead utility lines on Laguna Canyon Road;
(2) Authorized the City Manager to execute a Match Commitment Letter for up to $15,000,000;
(3) Directed staff to pursue additional matching funds from Southern California Edison for the undergrounding of overhead utility lines on Laguna Canyon Road; and (4) Directed staff to return to present strategies to fund the city's matching requirement.
18. REVISIONS TO UNDERGROUND UTILITY ASSESSMENT DEFERMENT LOAN
PROGRAM
Staff Report: Assistant City Manager/Chief Financial Officer (CFO) Gavin Curran explained the clerical error in the staff report, and he clarified the loan details.
Questions of Staff: Councilmember Bob Whalen asked about the 20-year bond term example used in the staff report. Assistant City Manager/CFO Gavin Curran commented that the calculations would change depending on the term of the bonds; however, he said it was important to inform residents of the approximate costs should they decide to participate in the bond program, the city loan program, or choose to pay the total assessment upfront.
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Councilmember George Weiss asked about the bond finance rate used in the staff report the actort was only examine so residents could under sand how the program worked and.
Public Testimony: John Thomas asked for clarification of the cost of the deferred program. Assistant City Manager/CFO Gavin Curran explained the rationale for the city's loan program and the intent of the 1% city fee. A discussion ensued.
Moved by Councilmember Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to approve revisions to the Underground Utility Assessment Deferment Loan Program Guidelines and Tasks.
REGULAR ORDER
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19. PUBLIC HEARING AND BALLOTING FOR PROPOSED UNDERGROUND UTILITY ASSESSMENT DISTRICT 2014-2 (WOODS COVE)
Stall Keport: Senior Project Manager Pierre Sawaya gave a brief presentation explaining the background, process for the public hearing, and balloting for the proposed underground utility assessment district 2014-2 (Woods Cove).
Public Testimony: Annie Weiland, Woods Cove resident, stated that she was supportive of undergrounding utility poles; however, she said she was shocked at the cost of the project. She stated that these were costs that she had not planned for, and the assessment was placing a hardship on long-term Woods Cove residents. Weiland stated the both the utility companies and the city should share a larger part of the burden.
Karen Klammer, Tom Gibbs, Matt Lawson, and Becky Visconti thanked the city and the Woods Cove residents that pushed this program through, and requested that there be more clarification regarding the loan deferral program.
Moved by Councilmember Bob Whalen, seconded by Councilmember Mark Orgill, and carried unanimously 4/0 (Councilmember George Weiss abstained due to residing in the proposed district) to:
(1) Receive and file the proposed Undergrounding Utility Assessment District 2014-2 report;
(2) Open the public hearing for public comments;
(3) Call for submittal of any final ballots, and close the public hearing; (4) Direct staff to proceed with tallying ballots in City Hall, Conference Room A, and invite the public to observe the tallying process;
(5) Postpone the item until the ballot tally is complete and then resume the meeting on the item, asking staff to report the ballot results; and
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(6) Review the balloting results, which resulted in the majority of weighted ballots in favor of the proposed assessment district; therefore:
a. Adopt Resolution #23.080 titled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA,
DECLARING THE RESULTS OF THE ASSESSMENT BALLOTING
PROCEEDING, CONFIRMING ASSESSMENTS IN UNDERGROUND
UTILITY ASSESSMENT DISTRICT NO. 2014-2, ORDERING THE
PROPOSED IMPROVEMENTS TO BE MADE, TOGETHER WITH
APPURTENANCES, APPROVING THE ENGINEER'S REPORT, AND
THE ASSISTANT CITY MANAGER/CHIEF
FINANCIAL OFFICER OR THE CITY TREASURER TO COLLECT AND
RECEIVE MONEY";
b. Adopt Resolution #23.081 titled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA,
AWARDING THE CONTRACT FOR CONSTRUCTION OF
IMPROVEMENTS IN UNDERGROUND UTILITY ASSESSMENT
DISTRICT NO. 2014-2 SUBJECT TO RECEIPT OF BOND PROCEEDS", awarding a construction contract to Hot Line Construction in the amount not to exceed $9,247,568;
c. Contribute $1,578,117 for the General Benefit cost from the Street Lighting and Utility Fund of $1,180,000 and $398,117 from the Capital Improvement Fund prior to bonds being sold;
d. Contribute $1,179,500 as a public safety benefit of undergrounding portions of Glenneyre Street from the Wildfire Mitigation and Fire Safety Fund prior to bonds being sold; and
e. Authorize the City Manager to approve project related expenses and construction change orders for unforeseen circumstances for an amount not- to-exceed $1,291,258.
20. CITY COUNCIL REPRESENTATION FOR VARIOUS REGIONAL
ORGANIZATIONS, COMMITTEES, AND AD HOC SUBCOMMITTEES
Agenda Item No. 20 was heard after Agenda Item Appeal A.
The City Council reviewed appointments to various regional organizations and committees, made changes as desired, and agreed to review the list of ad hoc subcommittees, and make adjustments, if needed, at the City Council Strategic Planning Session in January. -10-
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21. ENVIRONMENTAL SUSTAINABILITY COMMITTEE 2024-2025 WORKPLAN Agenda Item No. 21 was heard before Agenda Item No. 20.
Staff Report: Assistant to the City Manager Jeremy Frimond introduced the item.
Shelley Bennecke, Environmental Sustainability Committee (ESC) chair, thanked the City Council for enacting the 14-year Climate Action Plan (CAP) and she stated the subcommittee chairs would be individually updating the City Council on their workplans.
Judie Mancuso, ESC climate change and wildlite chair, listed the climate change and wildlite preservation subcommittees' recommendations to the City Council.
Janet Mudder, ESC ocean subcommittee chair, discussed the proposed ocean protection workplan.
Steve Chadima, ESC public communications subcommittee chair, addressed the importance of communications of the CAP and working with staff to effectively reach out to the community to ensure they are engaged with the CAP process.
Mayor Sue Kempf asked Chadima how the public could become more engaged in the process. Steve Chadima, ESC, answered that it is important to convey the impact of climate change on residents, for example, public safety and the potential for wildfires.
Councilmember George Weiss stated that the city had to lead the effort to lessen the impact of climate control through implementing solar solutions and electrifying vehicles.
Public Testimony: Matt Lawson thanked the ESC for their efforts.
Councilmember Comments: Mayor Pro Tem Alex Rounaghi thanked the committee and staff for pushing these items forward. He said he agreed with Councilmember Weiss, and restated the importance of going solar.
Moved by Councilmember Mark Orgill, seconded by Mayor Pro Tem Alex Rounaghi, and carried unanimously 5/0 to approve the Environmental Sustainability Committee's proposed 2024-2025 Workplan.
22. INTRODUCTION TO THE DOWNTOWN SPECIFIC PLAN UPDATE PHASE II
CHANGES
Staff Report: Director of Community Development Marc Wiener introduced the item.
Principal Planner Anthony Viera gave a presentation updating the City Council on the Downtown Specific Plan (DSP).
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Questions of Staff: Councilmember Mark Orgill suggested taking the height standard of buildings in the downtown from the floodplain, not from grade. He commented on 5,000 square-foot lot mergers and he cautioned staff from restricting this standard because there are one-acre lots to be considered. He asked about creating a three-dimensional (3D) model of proposed downtown buildings for public viewing.
Principal Planner Anthony Viera stated that although the 3D model could be a useful tool, the city had not budgeted it and it was not part of the scope at this time.
Councilmember Mark Orgill asked about the current development standards that could impede further development of the downtown. Director of Community Development Marc Weiner stated that the modifications to this document would update the development standards and add flexibility to how those standards would be applied because each site is unique. Wiener said that at the same time staff is seeking to establish predictability in terms of the overall standards and aesthetics of the downtown.
Mayor Pro Tem Alex Rounaghi commented on the proposed affordable housing lot consolidation in the downtown and his preference to apply those standards to market-rate housing as well. He asked about the objective housing standards. Principal Planner Anthony Viera described the city's objective housing standards. Director of Community Development Marc Wiener added that the best approach to housing is a form-based code and he explained.
Councilmember George Weiss voiced concerns about the mass and scale of adding housing, and he asked how development could be managed. He said there are no incentives to build housing downtown, especially low-income housing. Principal Planner Anthony Viera responded that these projects would be privately funded and there would need to be incentives in place to be properly pursued, and he described potential incentives.
Councilmember Mark Orgill asked about the proposed idea to extend the DSP out to Laguna College of Art + Design (LCAD) in the canyon, and if it were pursued, would it help the city meet its housing goals. Principal Planner Anthony Viera that the city consultant had not recommended extending the boundary of the DSP; therefore, staff did not investigate the idea further.
Mayor Pro Tem Alex Rounaghi confirmed with staff that the Planning Commission would be considering all ideas for the DSP at its meeting in January.
Public Testimony: Cody Engle, Housing and Human Services Committee, commented the city should look at solutions to maximize what the city has and where. -12-
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Cathy Jurca voiced concerns about the number of proposed changes and the impact it would have on the downtown. She said it was important to hold several meetings for the public to give their feedback. Anne Caenn said she agreed with Jurca and stated that it 1s important to consider parking issues when adding housing to the downtown.
Michelle McCormick commented that she appreciated the city's effort to find creative solutions to the affordable housing challenges and to meet the state requirements.
Horst Noppenberger commented on the importance of downtown housing and the need for affordable housing. He added that housing would add much-needed vitality.
Councilmember Comments: Councilmember Bob Whalen commented that he was supportive of the path staff was taking in these beginning stages of the DSP. He directed staff to: investigate parking concerns; free up the lot merger; broaden the scope to include market-rate housing; and evaluate extending the DSP boundary to LCAD.
Mayor Pro Tem Alex Rounaghi said he agreed with Councilmembers Orgill and Whalen on assessing the expansion of the DSP to LCAD. He suggested a market-based approach to downtown parking, providing a 3D model of the downtown, and subsidizing the building of affordable housing.
Councilmember George Weiss reiterated the importance of providing a 3D model that would demonstrate the visual impact of possible changes to development standards in the downtown. He said he agreed there would be a need to provide incentives to private developers to build affordable housing.
Councilmember Mark Orgill cautioned staff not to overly restrict or demand too much affordable housing, which could result in nothing being built downtown. He asked how much housing the Regional Housing Needs Allocation (RHNA) would require from Laguna Beach in 2028.
Director of Community Development Marc Wiener responded to Councilmember Orgill stating that new housing opportunities would need to be assessed in the future.
Councilmember Mark Orgill highlighted that it would be important to demonstrate that Laguna Beach could meet its 2028 round of RHNA housing numbers by addressing three- story buildings in the EIR (Environmental Impact Report).
Director of Community Development Marc Wiener addressed the question of density bonus, and a discussion ensued.
Mayor Sue Kempf suggested converting second-story offices to housing, dropping the parking requirements, preserving the one-story buildings on lower Forest Avenue as they currently stand, and providing a 3D model of the downtown. -13-
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The City Council provided direction on the proposed amendments, including consideration of expanding the Downtown Specific Plan boundaries, decouple parking, incentivize smaller size units rather than affordability requirements, provide 3D modeling to show the visual impact of possible changes to development standards, have the EIR (Environmental Impact Report) address development up to three stories, except in the lower Forest Avenue area, and set a specific maximum density.
23. UPGRADE OF PUBLIC SAFETY RECORDS MANAGEMENT SYSTEM
Staff Report: Assistant City Manager/Chief Financial Officer (CFO) Gavin Curran gave a presentation discussing the background and immediate need for an upgrade of the public safety records management system. Police Captain David Dereszynski continued the presentation, explaining the benefits of the program. Assistant City Manager/CFO Gavin Curran concluded the presentation listing staff recommendations.
Questions of Staff: Mayor Sue Kempf confirmed with staff that the system would be an on-premises software program. She asked what the $1 million agreement included.
Assistant City Manager/CFO Gavin Curran described the costs of the system.
Mayor Sue Kempf confirmed with staff that the old data would be scrubbed prior to migrating it with the new data by September 2024.
Councilmember Bob Whalen asked about the length of the contract and if the $1 million was a one-time charge. Assistant City Manager/CFO Gavin Curran answered that the $1 million was an upfront fee, followed by a $50,000 annual maintenance fee. Curran added that the contract was in perpetuity.
Councilmember Bob Whalen asked about the RFP (Request for Proposals) process.
Assistant City Manager/CFO Gavin Curran explained the bidding process.
Councilmember Bob Whalen asked about the benefits of the new system. Police Captain David Dereszynski described the benefits of the new program.
Councilmember George Weiss asked about redundancy concerns. Assistant City Manager/CFO Gavin Curran explained the rationale for getting the system on-premises and eventually migrating the system to the cloud.
Public Testimony: A member of the public voiced concerns that the system was not cloud based.
Judie Mancuso asked how many cities had implemented the system and if the public could text photos to the system.
Assistant City Manager/CFO Gavin Curran clarified that texted photos would go through the computer-aided dispatch system, not records management. -14-
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Police Captain David Dereszynski reported that the committee conducted three local site visits to cities that currently implemented the system and contacted a company that represented 200 agencies within North Dakota.
Councilmember George Weiss confirmed with the Hexagon representative that the city had opted out of the cloud preference; however, the Hexagon representative said the system could be migrated to the cloud.
Moved by Councilmember Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Authorize the City Manager to execute agreement #23-176 with Hexagon for $1,004,509 to upgrade the public safety department records management system; (2) Authorize the City Manager to execute agreement #23-177 with Hexagon for $94,200 to purchase a Mobile Field Reporting software add-on; and (3) Authorize the City Manager to utilize $150,000 of the IT Master Plan to fund unforeseen challenges during the implementation and public safety overtime for possible configuration, training, and implementation assistance. (4) Find that an emergency situation exists, in accordance with Laguna Beach Municipal Code sections 2.30.020 and 2.30.050(a), in that there is significant risk of loss of this service, and correlating risk of clear and imminent danger, if an upgrade to the Hexagon Records Management System for use by the Police Department is not completed by the end of 2024, thereby requiring immediate action by the City Council in order to prevent or mitigate the effect on public safety and the loss of essential public services.
COMMITTEE ITEM
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24. CONSIDERATION OF THE HOUSING AND HUMAN SERVICES COMMITTEE'S
RECOMMENDATION TO ESTABLISH A LOCAL HOUSING TRUST FUND
Staff Report: Housing Program Coordinator Jennifer Savage briefly outlined the staff report.
Jacquie Schaefgen, Housing and Human Services Committee (HHS), gave a presentation explaining the benefits of establishing a Local Housing Trust Fund (LHTF).
Questions of Staff: Councilmember George Weiss asked about potential grants.
Jacquie Schaefgen, HHSC, said the reason to establish an LHTF was to apply for matching funds from the California Department of Housing and Community Development's LHTF program. She said a grant could be up to $5 million and she explained the matching grant process. A discussion ensued.
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Laguna Beach City Council Minutes December 12, 2023
Public Testimony: Cody Engle, Chris Quilter, Ann Christoph, and Ketta Brown said they supported the HHSC recommendation, and they discussed the benefits.
Kristine Thalman offered her housing expertise, and she applauded the efforts towards funding housing programs. She implored the City Council include the senior population in these housing discussions.
John Thomas suggested an annual second-home fee as a revenue source for a housing fund and he explained.
Councilmember Comments: Councilmember George Weiss commented that he agreed with Thomas, and he fully supported the recommended action.
Mayor Pro Tem Alex Rounaghi said he appreciated the input from the public and it would be important for the city to commit ongoing funds to support affordable housing. He explained how short-term lodging revenues could be contributing to affordable housing.
Councilmember Bob Whalen stated that he supported the recommendations.
Councilmember Mark Orgill commented on the importance of housing teachers in town.
Mayor Sue Kempf said she supported the recommendations.
Moved by Councilmember Bob Whalen, seconded by Mayor Pro Tem Alex Rounaghi, and carried unanimously 5/0 to:
(1) Direct staff to conduct additional analysis with representatives from the Housing and Human Services Committee and, if feasible, return with the appropriate documents) to establish a Local Housing Trust Fund; and
(2) Reaffirm the City of Laguna Beach's commitment and participation in the Orange County Housing Finance Trust
PUBLIC HEARING FOR APPEAL
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A. APPEAL OF APPROVAL OF DESIGN REVIEW 23-1070, COASTAL DEVELOPMENT PERMIT 23-1069, AND MITIGATED NEGATIVE DECLARATION
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND ASSOCIATED MITIGATION MONITORING PROGRAM OF A 7,584 SQUARE-FOOT
THREE-STORY SINGLE-FAMILY DWELLING WITH AN ATTACHED THREE-CAR GARAGE AT 31451 COAST HIGHWAY IN THE R-1 (RESIDENTIAL LOW
DENSITY) ZONE
Staff Report: Director of Community Development Marc Wiener gave a presentation on the history of the project and the reasons for the appeal of the 3-2 approval by the Design -16-
Laguna Beach City Council Minutes December 12, 2023
Review Board (DRB) for a newly constructed 7,584-square-foot, three-story single-family home with an attached three-car garage at 31451 Coast Highway. Residential Planning Manager Amber Dobson continued with the presentation, explaining how staff addressed the contentions raised in the appeal. Director of Community Development Marc Wiener concluded the presentation listing the options before the City Council and staff's recommendation.
Questions of Staff: Councilmember George Weiss asked about the blufftop setback.
Director of Community Development Marc Wiener answered that staff provides all applicants a handout based on the city's Land Use Element definition of "bluff edge" to ensure compliance with the California Coastal Commission (CCC).
Councilmember Mark Orgill confirmed with staff that the bluff edge determination had been peer reviewed.
Mayor Pro Tem Alex Rounaghi asked about the security fence surrounding the property.
Residential Manager Amber Dobson explained that the fence had been in place for approximately four years because of construction occurring on the neighboring property, and was considered as an existing condition. A discussion ensued Mayor Pro Tem Alex Rounaghi asked about the shells found on the property. Residential Manager Amber Dodson stated that the shell midden onsite is a cultural and archaeological resource. She said a records check for paleontological resources had been conducted, but there had been no recording of fossils onsite.
Testimony in Support of the Appeal: Patrick Ruedin, appellant, listed his reasons for appealing the DRB approval of the project. He urged the City Council to uphold the appeal, and to send the project back to DRB with his suggestions. Scott Fraser, appellant, commented on the impact the project would have on views and coastal resources. Fraser requested that the project be radically reduced by removing one story from the design.
Nicole Strathman, David Olson, Cathy Jurca, Ann Christoph and Ruben Flores stated they supported the appeal of the project, and they listed their reasons.
Testimony in Opposition to the Appeal: Horst Noppenberger, architect for the project, described the design of the project. Steve Kawaratani, representing the property owner, stated that this vacant lot was privately owned, and the owner had a substantial right to develop. Kawaratani said that the applicant was offering to lower the design of the home by 3 feet to further accommodate the neighbors.
Rebuttal: Patrick Ruedin, appellant, countered that they were not arguing that the applicant could not develop the property, but to be mindful that neighbors' home values would decrease from their loss of views. Scott Fraser, appellant, commented on the view impacts of the design of the project.
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Laguna Beach City Council Minutes December 12, 2023
Councilmember Comments: Councilmember Bob Whalen asked about the ability to recapture whitewater views from the 3-foot roof reduction. Horst Noppenberger, architect for the project, responded. David Olsen, neighbor, stated that a 3-foot roof reduction would not solve the view problem.
Mayor Pro Tem Alex Rounaghi clarified with the city's CEQA (California Environmental Quality Act) consultant that the removal of the security fence would not impact her analysis and she explained.
Councilmember Bob Whalen confirmed with the city's CEQA consultant that a public view, under CEQA, could only be from a designated Scenic Highway.
Councilmember George Weiss asked about private views. Director of Community Development Marc Wiener replied that there are policies throughout the city's General Plan discussing views, and none of those policies state that views had to be outright preserved.
Mayor Pro Tem Alex Rounaghi asked about the General Plan policies as it related to public views. Residential Manager Amber Dobson read General Plan policy 7(m) relating to new development along Coast Highway and views. A discussion regarding public views ensued.
Councilmember Mark Orgill restated that the project met the city's building criteria by being 5 feet below the height limit and under the lot-to-building size ratio.
Mayor Pro Tem Alex Rounaghi commented that since the project complied with the design review standards, view equity had been achieved.
Councilmember Bob Whalen asked for responses from staff pertaining to the many other issues raised by the appellants, and a discussion ensued. He stated that issues that still needed to be addressed by the City Council were neighborhood compatibility, public view impact, and loss of whitewater views.
Mayor Sue Kempf stated that there was space between the houses, and she was unclear as to the meaning of public views. Director of Community Development Marc Wiener answered that there was no definition of public views in the city's Local Coastal Program (LCP). He said the height standard in the zoning code was that development could only be 15 feet from the curb and this project was proposing 10 feet.
Councilmember George Weiss voiced concerns about the size of the project, neighborhood compatibility, and view equity issues.
Councilmember Mark Orgill stated that when he walked the neighborhood and visualized the size of the proposed house, it looked more minimal in comparison to the other structures on the street.
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Laguna Beach City Council Minutes December 12, 2023
Councilmember Bob Whalen said that at 7,500 square feet, the home would be the largest in the area and maybe the design could be reduced and lowered Mayor Sue Kempf asked the architect about reducing the size of the house. Horst Noppenberger, architect for the project, stated that more than 50% of the home was below grade and neighbors across the street would only see a single-story home that was 5 feet below the height limit. Noppenberger said it would be unreasonable to ask the applicant to lower the roof of the structure to street level.
Mayor Pro Tem Alex Rounaghi stated that his main concern was public views, and he asked the City Attorney for clarification. City Attorney Megan Garibaldi responded that it was within the City Council's authority to interpret policies as having been satisfied as staff recommended.
Mayor Pro Tem Alex Rounaghi said the General Plan allowed for discretion concerning public views, and a discussion ensued.
Councilmember Bob Whalen stated that it was important to get this project right and more analysis was required.
Moved by Councilmember Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to continue the appeal to the February 13, 2024, City Council meeting, directing staff to provide detailed analysis of the project related to the Local Coastal Program, and reducing the height of the structure that is above Coast Highway.
ADJOURNMENT
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There being no further business, Mayor Kempf at 12:45 a.m., Wednesday December 13, 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, January 9, 2024, at City Hall, 505 Forest Avenue, Laguna Beach California.
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Approved: January 9, 2024
Sue Kempf, Mayor
Ann Marie McKay, City Clerk
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Laguna Beach City Council Minutes December 12, 2023
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
December 12, 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, December 12, 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 Kempf at 12:45 a.m., Wednesday, December 13, 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, January 9, 2024, 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 13"h day of December 2023.
LNCORPORATED City Clerk of the City of Laguna Beach
O
JUNE 29.192
RANGE COU CALE
CERTIFICATE OF POSTING
NOTICE OF ADJOURNMENT
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1, 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, December 12, 2023, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on December 13, 2023, at the hour of 9:20 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