Laguna Beach City Council Minutes January 9, 2024
MINUTES
LAGUNA BEACH CITY COUNCIL
HYBRID VIRTUAL/IN-PERSON REGULAR MEETING
January 9, 2024
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was Called ria, da on Trespa preadiary 9, 2024, in the City Hall, 505 Forest A venue, Laguna Beach,
ROLL CALL
PRESENT: COUNCILMEMBERS: Rounaghi, Weiss, Whalen, Kempf PARTICIPATING REMOTELY: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Orgill
Councilmember George Weiss 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)
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 Attorney Megan Garibaldi reported that four Councilmembers were present (Councilmember Mark Orgill was absent due to illness) and participated in the discussions, and there was no reportable action.
Mayor Sue Kempf advised that Agenda Item #16 is being pulled from the agenda and will not be heard tonight.
Orange County Supervisor Katrina Foley presented a proclamation to Councilmember Bob Whalen recognizing his years of service as Mayor, and recognized Mayor Sue Kempf and Mayor Pro Tem Alex Rounaghi on their appointments as Mayor and Mayor Pro Tem. - 1-
Laguna Beach City Council Minutes January 9, 2024
EXTRAORDINARY BUSINESS
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1. GREEN BUSINESS CERTIFICATION RECOGNITIONS
Local businesses were recognized for meeting the Californian Green Business Network certification and recertification requirements: ARTime Barro, Dog Ranch Bed & Biscuit (Re-certification), Earth Stones International, Eco Now, Laguna Beach Cultural Arts Center, Peter Blake Gallery, Haus of Wellness, and 7 Roots (Re-certification).
2. YEARS OF SERVICE RECOGNITION
Received and filed the report recognizing the following City employees with milestone years of service: Rich Garrett, Mark Hammond, Samuel Tejeda, Tyler Jones, Corey Solomon, Matthew Tran, and Jon Greenwalt for 1 year, Jamileth Caballero-Montes and Daniel Lopez for 5 years, and Lillian Irish for 10 years.
PHOTO CONTEST WINNERS
The winners of the 2023 Laguna Beach Photo Contest were recognized: Mitch Ridder (1st Place) - Colorful Image of 3rd Street Hill, Keli Daniels (Runner-Up Winner) - Sunrise in the Canyon, Christopher Allwine (Runner-Up Winner) - Waverunner, Gemma Totten (Runner- Up Winner) - Sunrise in Heisler Park
APWA BEST AWARD PRESENTATION
Laguna Beach Public Works staff were recognized for being awarded the American Public Works Association Project of the Year Award for the Irvine Cove Emergency Generator project.
PUBLIC COMMUNICATIONS
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Erin Slattery, Laguna Beach Chamber of Commerce, announced upcoming Chamber events.
Matt Lawson congratulated and thanked Councilmember Bob Whalen, Mayor Sue Kempf, and Mayor Pro Tem Alex Rounaghi, and thanked Orange County Supervisor Katrina Foley.
COUNCIL AND STAFF REPORTS
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City Clerk Ann Marie McKay reminded the public 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.
Laguna Beach City Council Minutes January 9, 2024
City Treasurer Laura Parisi announced that the Association of Public Treasurers of the United States & Canada awarded the City of Laguna Beach with the 2023-24 Investment Policy Certificate of Excellence Award.
Councilmember Bob Whalen announced that the City of Laguna Beach has once again been awarded the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association (GFOA).
Mayor Pro Tem Alex Rounaghi reported on attending the retirement ceremony for Fire Captain Dan Conroy, and he expressed his appreciation of law enforcement, noting that today is Law Enforcement Appreciation Day.
Mayor Sue Kempf reported that there will be a study session on the City's wastewater system in the near tuture, and she also congratulated City staff on their efforts that led to another year of recognition by the GOA.
CONSENT CALENDAR
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Moved by Councilmember Bob Whalen, seconded by Mayor Pro Tem Alex Rounaghi, and carried unanimously 4/0 to approve items 1-5 and 7-12.
MINUTES OF THE CITY COUNCIL MEETING
Approved the summary minutes of the Regular Meeting of the City Council of December 12, 2023.
WARRANT LISTING
City Treasurer Laura Parisi pulled this item to amend a clerical error.
Warrants: $ 9,670.25 10/10/2023
$ 12,000.00 11/30/2023
$ 6.619.352.82 12/8/2023
$ 6,641,023.07
Payroll #11: $ 1,636,122.68 12/01/2023
Payroll #12: $ 1,925,877.80 12/15/2023
$ 3,562,000.48
Total $10,203.023.55
Moved by Councilmember Bob Whalen, seconded by Mayor Pro Tem Alex Rounaghi, and carried on as noted by he ly Treasure, herate dates and paral dishuas 12202ih the 11/22/2023.
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Laguna Beach City Council Minutes January 9, 2024
7. CITY TREASURER'S MONTHLY INVESTMENT REPORT FOR NOVEMBER 2023 Received and filed the Monthly Investment Report for November 2023.
PARKING, TRAFFIC, AND CIRCULATION COMMITTEE RECOMMENDATIONS (1) Approved the Parking, Traffic, and Circulation Committee's recommendation to install overnight commercial parking restrictions on Zell Drive by adopting Resolution #24.001 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
BEACH, CALIFORNIA, ESTABLISHING OVERNIGHT COMMERCIAL PARKING RESTRICTIONS ON ZELL DRIVE"; and
(2) Approved the Parking, Traffic, and Circulation Committee's recommendation to convert wo three-nour metered parking spaces to thirty-minute metered parking spaces adjacer SOLUTION OF THI • 278 Forest Avenue and 305 Forest Avenue by adopting Resolution #24.002 titled, ",
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ESTABLISHING THIRTY-MINUTE PARKING ADJACENT TO 278 FOREST AVENUE AND 305 FOREST AVENUE".
CONSULTANT SERVICE AGREEMENT AMENDMENT FOR BIOLOGICAL
SURVEYING SERVICES
Authorized the City Manager to execute agreement #24-01 with UltraSystems Environmental, Inc. for $108,840 to provide biological surveying services for the Open Space/Conservation Element (OSCE) Update project.
10. AMEND SERVICE PROVIDER AGREEMENTS FOR BUILDING AND PLANNING
SERVICES
(1) Authorized the City Manager to amend Agreement #22-49 with CSG Consulting Inc. for a contract increase of $295,400, and Agreement #22-61 with Sagecrest Planning and Environmental for a contract increase of $25,600 to continue to provide building and planning services; and
(2) Increased the estimated Community Development Revenue by $121,000, accompanied by a matching increase in the appropriation for contract services.
11. RESOLUTION AUTHORIZING SUBMITTAL OF MEASURE M2 PROJECT V. GRANT
APPLICATION FOR CITY TRANSIT SERVICES
Adopted Resolution #24.003 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING THE SUBMITTAL OF A
GRANT APPLICATION TO THE ORANGE COUNTY TRANSPORTATION
AUTHORITY FOR FUNDING UNDER THE PROJECT V COMMUNITY-BASED TRANSIT/CIRCULATORS PROGRAM."
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Laguna Beach City Council Minutes January 9, 2024
12. THIRD AMENDMENT TO COMMERCIAL LEASE AT 31796 SOUTH COAST
HIGHWAY
(1) Directed the City Manager to sign the Third Amendment to Commercial Lease at 31796 South Coast Highway with Pacific Dental Services, LLC; and (2) Authorized the distribution of a $425,000 relocation allowance payable to Pacific Dental Services, LLC upon execution of the lease.
REGULAR ORDER
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13. REVIEW OF CITY'S FUEL MODIFICATION TREATMENT PROTOCOLS Staff Report: Fire Chief Niko King gave a presentation describing the city's fuel modification treatment protocols. He stated that the city's number one priority is public safety.
Assistant to the City Manager Jeremey Frimond continued the presentation explaining the existing treatment protocols, options, and costs associated. He explained the city's required Mitigation Program and listed staff's seven recommendations.
Questions of Staff: Mayor Pro Tem Alex Rounaghi asked several questions pertaining to Manager Jeremy Frimond described the IPM plan.
Mayor Pro Tem Alex Rounaghi continued with his questions concerning the fuel modification protocols. He confirmed with staff that the city was willing to explore alternatives to glyphosate.
Councilmember Bob Whalen commented that the Emergency/Disaster Preparedness Committee supported option three in the staff report, removing invasive plants and grasses With hand mowing equipment and no change in protocol for treating larger vegetation. He asked about the four remaining fuel modification zones that required the California Coastal Commission's approval and the costs associated. Assistant to the City Manager Jeremy Frimond and Fire Chief Niko King listed the costs and timeline of those four fuel modification zones
Councilmember George Weiss commented that the problem of ridding Laguna Beach's wildlands of the invasive plants would not be an easy solution and he explained. He confirmed with staff that it would take a larger amount of non-glyphosate synthetic herbicide to achieve the same results as glyphosate. He asked about option four in the staff report.
Assistant to the City Manager Jeremy Frimond explained the city's fuel modification and the mitigation plans. A discussion ensued
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Laguna Beach City Council Minutes January 9, 2024
Mayor Sue Kempf confirmed with staff that the city has 27 fuel modification zones, with 4 in implementation and 23 currently being maintained.
Public Testimony: Judie Mancuso, Ramine Aliyev, Darby Jackson, Mike Beanan, Todd Davis, a member of the public, Amber Sparks, Amy Jackson, Lily Zampore, Amahlia Stevens, Joy Berry, Marielena Verdugo, Seda Reckas, Sara Reckas, Shoddy Shariot, Talie Boen, Ryan Arthur, Elizabeth Sommoral, Alicia Bradbury, Nikki, Dan Chudleigh, Mahina and Tiana Watson, Scott Sebatian, Ted Reckas, Ann Christoph, Gayle Waite, three members of the public, Adam, Dr. Jason Amstutz, Paul Merritt, Cheryl Chez, Pam Horowitz, Cassie Hadfield, Ginger Osborne, Anne Caen, Ron Whitehurst, Bill Niccum, Doug Johnson, Matt Lawson, John Thomas, Mena Brown, Michelle Bentcliff, Kian Shulman, Jayne Du and Joshua Lerch stated that they did not support continued use of any glyphosate for habitat restoration and they listed their reasons.
Alan Kaufmann, Chris Thorton, and Karen Varoaman of The Laguna Canyon Foundation, and kon Vanderhott of the Calitornia Native Plant Society, commented that they supported the existing treatment protocol with an added buffer zone adjacent to public rights-of-way and trails, and they explained
Councilmember Bob Whalen confirmed with staff that currently no glyphosate was applied within 100 feet of structures. He voiced concerns about the risk of seed dispersal with the treating of invasive plants by hand.
Assistant to the City Manager Jeremy Frimond explained the treatment process, should the City Council vote to go forward with option three in the staff report.
Councilmember Bob Whalen asked if restoration could be achieved without synthetic herbicides. Assistant to the City Manager Jeremy Frimond responded that it would depend on the flexibility in the timeline.
Councilmember Comments: Mayor Pro Tem Alex Rounaghi commented that he agreed with Councilmember Whalen that the City Council's responsibility to the public is human health, fire safety, and environmental wellbeing. He said he supported banning glyphosate in the city's fuel modification and habitat restoration programs, and it would be important to implement an IPM plan that is tailored for Laguna Beach Councilmember George Weiss stated that he supported option three in the staff report and prohibiting the use of glyphosate in the city's wildlands. He stated that herbicides should only be utilized in rare cases. Councilmember Weiss said he agreed that an IPM would be important to the process.
Mayor Sue Kempf commented that she supported the suggestion from Mayor Pro Tem Rounaghi to implement an IPM plan and she agreed with the councilmembers to ban glyphosate from the fuel modification and habitat restoration programs.
There was a discussion on the motion.
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Laguna Beach City Council Minutes January 9, 2024
Moved by Councilmember Bob Whalen, seconded by Mayor Pro Tem Alex Rounaghi, and carried unanimously 4/0 to:
(1) Direct staff to proceed with Treatment Option 3 (Mechanical Treatment. No Herbicide) for its fuel modification program in 2024;
(2) If determined that Treatment Option 3 can meet the program's fire safety objectives within the directed timeframe, then direct staff to continue with Treatment Option 3 in 2025 and 2026;
(3) Direct staff to report back to the City Council in the first quarter of 2025 on results of the treatment protocol;
(4) Direct staff to confer with the California Coastal Commission for flexibility in meeting mitigation plan objectives for restoration site using alternative methods; (5) Transfer an appropriation of $146,000 from project savings in the South Laguna Fuel Modification Program to the general fuel modification project budget; (6) Appropriate $100,000 from the Fuel Modification Continuation Fund to the fuel modification program budget;
(7) Adopt Resolution #24.004 titled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING THE FILING OF AN
APPLICATION FOR CALIFORNIA CLIMATE INVESTMENTS WILDFIRE
PREVENTION GRANTS PROGRAM WITH THE STATE DEPARTMENT OF
FORESTRY AND FIRE PROTECTION (CAL FIRE)"; and
(8) Direct staff to return to the City Council with Integrated Pest Management (IPM) plan recommendations based on best practices, such as those by the Natural Communities Coalition.
LAGUNA CANYON ROAD PROJECT UPDATE, DISCUSSION OF POTENTIAL
FUNDING OPPORTUNITIES, AND APPROVAL OF NEXT STEPS
Staff Report: Assistant Director of Public Works Tom Perez gave a presentation on the Laguna Canyon Road Project update, potential funding opportunities, and the next steps.
Questions of Staff: Mayor Pro Tem Alex Rounaghi said he understood the benefits of acquiring local control of Laguna Canyon Road (LCR) from Caltrans, and he asked how feasible it would be to underground the utilities under the Caltrans design standards.
Assistant Director of Public Works Tom Perez responded that the distribution lines could be undergrounded, but it was cost prohibitive to underground the transmission lines.
Mayor Sue Kempf stated that relinquishment of LCR would require the city to take on liability and make improvements to the road. She asked about the costs of those improvements. Assistant Director of Public Works Tom Perez answered that the estimated costs were $105 million. He said staff would pursue grant funds to subsidize those costs. -7-
Laguna Beach City Council Minutes January 9, 2024
Mayor Sue Kempf confirmed with staff that the city received credits for its underground assessment districts. She asked about the environmental impact of undergrounding utilities on LCR. Assistant Director of Public Works Tom Perez explained that in order to maintain the facilities, Southern California Edison (SCE) would require additional vehicle access for the undergrounding projects in the open space, which would have an environmental impact.
Mayor Sue Kempf asked about undergrounding at Big Bend in the canyon. Assistant Director of Public Works Tom Perez stated that the distribution lines were undergounded along the roadway; however, he said the transmission lines were still overhead.
Mayor Sue Kempf asked why SCE did not require all utilities be undergrounded for fire safety purposes. Director of Public Works & Utilities Mark McAvoy answered that SCE undergrounds distribution lines; however, he said transmission lines are not included, and he explained.
Mayor Sue Kempf confirmed with staff that SCE did not have the current budget to relinquish LCR and they were not responsible for giving the road in a state of good repair, and the city would be in charge of any needed improvements. She asked about the timeline for the design of the road. Assistant Director of Public Works Tom Perez explained the proposed SCE design timeline. He said that if the City Council voted to have Caltrans relinquish LCR, staff would be returning to the City Council with an intended agreement between the city and Caltrans to review and vote upon.
Councilmember George Weiss asked about the staff report recommendation to enter into negotiations with Caltrans for the acquisition of LCR. Assistant Director of Public Works Tom Perez explained the negotiation specifics of the Relinquishment Initiation Letter to Caltrans.
Councilmember George Weiss asked about Caltrans' annual risk assessment of $11 million.
Assistant Director of Public Works Tom Perez responded that the $11 million was a statewide average for fatality and injury accidents, which was reported from the city's consultant.
Councilmember George Weiss voiced concerns about adding bike paths on LCR, and staff confirmed that safety concerns would be incorporated into the design of bike and pedestrian pathways along LCR. He stated that undergrounding utilities was his biggest safety concern.
Public Testimony: Scott Sebastian supported the staff recommendations and moving forward with the project.
A member of the public voiced concerns about maintenance and liability of taking over LCR.
Ann Christoph read a letter from Village Laguna questioning the design of the project. She commented that the project required more public input.
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Laguna Beach City Council Minutes January 9, 2024
John Thomas said he did not support the acquisition of LCR at this time because of the potential cost and liability. He added that he was supportive of undergrounding utilities in the canyon.
Penelope Milne stated that she supported the acquisition of LCR and she offered several ideas to move forward with the project.
Anne Caen voiced concerns about the acquisition of LCR and she listed her design suggestions.
Gene Felder commented that the city would be better stewards of LCR. He added that it was vital to incorporate the design recommendations from the Laguna Task Force and he explained.
Lorene Laguna suggested designating LCR as an Open Space and Scenic Highway and creating a toll road to offset costs. She said she supported moving forward with the project.
Jim Danziger voiced concerns about the liability the city would take on with the acquisition of LCR.
Councilmember Comments: Councilmember Bob Whalen explained the significance of opting for local control of LCR. He added that it was important to move forward with a road design with community input.
Councilmember George Weiss commented that he supported undergrounding utilities on LCR. He added that the costs of maintenance and liability of LCR required further financial analysis.
Mayor Pro Tem Alex Rounaghi said he agreed with Councilmember Bob Whalen, and that the community needs local control of LCR for safety purposes.
Mayor Sue Kempf stated that she would support moving forward with the relinquishment process and to begin outreach efforts for the design of the project.
Moved by Councilmember Bob Whalen, seconded by Mayor Pro Tem Alex Rounaghi, and carried unanimously 4/0 to:
(1) Receive a project update from the Laguna Canyon Road Ad-Hoc Subcommittee; (2) Approve the Public Engagement Implementation Plan, amended to add local environmental groups in the stakeholder meetings, including Laguna Greenbelt, Laguna Canyon Foundation, Coastal Greenbelt Authority, CANDO (Canyon Alliance of Neighborhoods Defense Organization), Laguna Canyon Conservancy, Orange County Parks, and Village Laguna, and direct staff to proceed with public engagement for the project;
(3) Authorize the City Manager to execute and submit a RAISE Grant Match Commitment Letter for up to $1,280,000; and
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Laguna Beach City Council Minutes January 9, 2024
(4) Authorize the City Manager to submit a Relinquishment Initiation Letter to Caltrans to enter negotiations for the acquisition of Laguna Canyon Road through the Caltrans relinquishment process.
15. CONTINUANCE OF COMMERCIAL DISTRICT PROPERTY MAINTENANCE
PROGRAM
Moved by Councilmember Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 4/0 to continue the Commercial District Beautification/Property Maintenance Ordinance to the City Council meeting on March 26, 2024.
16. CONSULTANT SERVICES AGREEMENT FOR THE DEVELOPMENT OF A
FACILITIES MASTER PLAN
Agenda Item #16 was removed from the agenda
ADJOURNMENT
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There being no further business, Mayor Kempf at 10:01 p.m., Tuesday, January 9, 2024, adjourned to the City Council Annual Planning Workshop at 8:30 a.m. Friday, January 19, 2024, then to the Closed Session at 4:00 p.m. and to the hybrid virtual/in-person Regular City Council Meeting at 5:00 p.m. on Tuesday, January 23, 2024, at City Hall, 505 Forest Avenue, Laguna Beach California. **•***********
Approved: January 23, 2024 Like
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. -10-
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
January 9, 2024
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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, January 9, 2024, in the City Council Chambers, 505 Forest Avenue, Laguna Beach, California.
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PRESENT COUNCILMEMBERS: Rounaghi, Weiss, Kempf, Whalen
PARTICIPATING REMOTELY: None
ABSENT: COUNCILMEMBERS: Orgill
ADJOURNMENT
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There being no further business, Mayor Kempf at 10:01 p.m., Tuesday, January 9, 2024, adjourned to the Annual Planning Workshop at 8:30 a.m. Friday, January 19, 2024, at the Laguna Beach Community and Susi Q Senior Center, then to the Closed Session at 4:00 p.m. and hybrid virtual/in-person Regular City Council Meeting at 5:00 p.m., Tuesday, January 23, 2024, at City Hall, 505 Forest Avenue, Laguna Beach, California. ***************
STATE OF CALIFORNIA
COUNTY OF ORANGE SS.
CITY OF LAGUNA BEACH
I, Ann Marie McKay, City Clerk of the City of Laguna Beach, California, do hereby certify that the foregoing is a full, true, and correct copy of the Minute entry on record in my office. IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Laguna Beach, California, on this 10t day of January 2024.
TO MOM BEC
NCORPORATED
City Clerk of the City of Laguna Beach California
JUNE 29.192
MA COUNTY CANED
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, January 9, 2024, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on January 10, 2024, 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.
ity Clerk of the City of Laguna Beach, California