Laguna Beach City Council Minutes January 23, 2024
MINUTES
LAGUNA BEACH CITY COUNCIL
HYBRID VIRTUAL/IN-PERSON REGULAR MEETING
January 23, 2024
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, January 23, 2024, in the City Hall, 505 Forest Avenue, Laguna Beach, California, Mayor Kempf presiding.
ROLL CALL
PRESENT: COUNCILMEMBERS: Orgill, Rounaghi, Weiss, Whalen, Kempf PARTICIPATING REMOTELY: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Bob Whalen 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 Coxing tigato because a susion on eston i readie te position arin tending City Attorney Megan Garibaldi reported that all Councilmembers were present and participated in the discussions, and there was no reportable action. There was no public comment, and there was no reportable action taken.
Mayor Sue Kempf advised that Agenda Item #6 was being pulled from the agenda and would not be heard tonight because the applicant had withdrawn the request.
PUBLIC COMMUNICATIONS
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Kris Howson, Top of the World Neighborhood Association, requested that the hours for the Laguna Local on-demand transit service hours of operation be extended to 8:00 p.m. -1-
Laguna Beach City Council Minutes January 23, 2024
Donna Ballard, LOCA, announced their upcoming "Art Talks" series.
Gene Felder, Top of the World Neighborhood Association, and Gayle Waite, Laguna Canyon Conservancy, expressed concerns about Southern California Edison's unpermitted grading in the open space at the north end of Alta Laguna Boulevard.
Pat Gallis advised that he was unable to access City Council Chambers to speak on the Closed Session item at 4:00 p.m. He also commented on the precedent-setting court decision on the Kirby case, and asked about deterring such lawsuits, and the City's ability to recoup related costs.
Brett Howser reported that one of the blue cottages on Park Avenue caught on fire at midnight on January 12, noting that unpermitted work has occurred for the past two years, and implored that the City ensure the cottages are brought up to code.
Ron Glapion expressed disappointment with the City's lack of low-income housing for artists.
Jacob Cherub commented on the importance of keeping the public informed about the status of projects.
Matt Lawson commented on the safety issue of utility-caused fires.
COUNCIL AND STAFF REPORTS
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Interim City Manager Sean Joyce provided an update on enforcement action related to Southern California Edison's unpermitted grading, and the restoration requirements.
City Attorney Megan Garibaldi advised that the Supreme Court denied the request to review the Kirby case decision, and the City has received the official order, which will be posted on the City's website.
Councilmember George Weiss thanked staff for Friday's strategic planning session, and for quick intervention on the Southern California Edison issue. He also remarked on Barbara Metzger's role in the City, in remembrance of her recent passing.
Councilmember Mark Orgill also thanked staff for Friday's strategic planning workshop. He also responded to Glapion, advising that the subcommittee has been working with staff on affordable housing solutions.
Councilmember Bob Whalen noted Southern California Edison's history of not informing the City about its actions, such as the tree removal and extreme trimming of trees in North Laguna tree removal, and asserted that the City needs to formalize agreements with Southern California Edison. -2-
Laguna Beach City Council Minutes January 23, 2024
Mayor Pro Tem Alex Rounaghi responded to the request to extend the hours of the Laguna Local transit services, noting that staff is investigating options that include extending the service into the Canyon, and submitted that such extensions to the program can be included in the budget discussions. He agreed with the comments by the other Councilmembers regarding the strategic planning workshop. Mayor Pro Tem Rounaghi also commented on the temporary skate park at Laguna Beach Community and Recreation Center. He also noted the importance of working closely with Southern California Edison to mitigate fire risks. Mayor Pro Tem Rounaghi also noted the launch of this year's Point-in-Time count for Orange County.
Mayor Sue Kempf commented that the City needs to know Southern California Edison's plans for projects within the City.
CONSENT CALENDAR
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Moved by Councilmember Bob Whalen, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to approve items 1-5 and 8.
MINUTES OF THE CITY COUNCIL MEETING
Approved the summary minutes of the Regular Meeting of the City Council of January 9, 2024.
WARRANT LISTING
Warrants: $4,404,437.70 12/22/2023
$2,770,010.92 01/05/2024
$7,174,448.62
Payroll #13: $1,694,200.22 12/29/2023
Total $8.868.648.84
Approved the general warrants and payroll disbursements.
PROCLAMATION RECOGNIZING MARCH 7, 2024. AS ARBOR DAY IN LAGUNA BEACH
(1) Adopted the proclamation recognizing March 7, 2024, as Arbor Day in Laguna Beach; (2) Authorized staff to host an Arbor Day celebration event on March 7, 2024; and (3) Authorized staff to apply for re-certification as a Tree City USA with the Arbor Day Foundation.
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Laguna Beach City Council Minutes January 23, 2024
DESIGNATION OF AUTHORIZED SIGNATORY AGENTS FOR FEMA AND CAL OES
DISASTER RECOVERY AND PREPAREDNESS GRANTS
(1) Adopted Resolution #24.005 "State of California Designation of Applicant's Agent Resolution for Non-State Agencies" to designate the City Manager, the Assistant City Manager, the Director of Finance & Technology Services, the Fire Chief, and the Chief of Police as authorized agent signatories for disaster recovery assistance reimbursements; and
(2) Adopted Resolution #24.006 "Governing Body Resolution" to designate the City Manager, the Assistant City Manager, the Director of Finance & Technology, the Fire Chief, and the Chief of Police as authorized agent signatories for the following grants:
Hazard Mitigation Grant Program, Emergency Management Performance Grant, Homeland Security Grant Program, and the Urban Area Security Initiative Grant program during their respective grant periods Fiscal Years 2023-24, 2024-25, and 2025-26.
5. AWARD OF CONTRACT FOR 36-MONTH COPIER LEASE OF FIVE COPIERS Authorized the City Manager to execute agreement #24-05 with MRC Smart Technology Solutions, a Xerox Company, for a 36-month lease for five copiers, including maintenance and supplies, for $67,200 per year.
CONSIDERATION TO APPROVE RIVIAN'S REQUEST TO UTILIZE A PORTION OF
MAIN BEACH PARK FOR A HALF DAY PUBLIC EVENT
This item was removed from the agenda due to the applicant withdrawing the request.
7. RATIFY RESOLUTION RELATING TO CONDITIONS OF EMPLOYMENT,
POLICIES, AND BENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT
AND MANAGEMENT EMPLOYEES
Presentation and Discussion: Staff responded to comments and questions raised by members of the City Council regarding the proposed resolution relating to conditions of employment, policies and benefits for unrepresented executive management and management employees. City Clerk Ann Marie McKay added that the City Clerk and City Treasurer's benefits mirrored management's and she asked that they be included in the motion. Interim City Manager Sean Joyce advised that he would like to address the benefits for the elected officials in a separate resolution.
Public Testimony: John Thomas stated that his questions had been answered by staff.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember Bob Whalen, and carried unanimously 5/0 to adopt Resolution #24.007 titled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, RELATING TO
CONDITIONS OF EMPLOYMENT, POLICIES, AND BENEFITS FOR
UNREPRESENTED EXECUTIVE MANAGEMENTK AND MANAGEMENT
EMPLOYEES."
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Laguna Beach City Council Minutes January 23, 2024
8. VACATION OF PROJECT RESOLUTIONS 337 HAWTHORNE
Adopted Resolution #24.008 entitled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, VACATING AND SETTING ASIDE
THE APPROVALS BY THE DESIGN REVIEW BOARD OF THE RESIDENTIAL REMODEL PROJECT AT 337 HAWTHORNE ROAD AND THE NEGATIVE
DECLARATION THEREFOR IN ACCORDANCE WITH THE PEREMPTORY WRIT OF MANDAMUS ISSUED BY THE ORANGE COUNTY SUPERIOR COURT."
REGULAR ORDER
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LANG PARK PICKLEBALL ALTERNATIVES
Presentation and Discussion: Staff responded to comments and questions raised by members of the City Council regarding the Lang Park pickleball courts and potential alternative pickleball courts at Alta Laguna Park.
Public Testimony: Jim Sadler said he did not support moving the courts to the north portion of Lang Park and he talked about the importance of maintaining open space in parks.
Monica Simpson, Claudia Redfern, Elizabeth Rubel, Suzanne Redfern, David Linder, Roger Kempler, Lynn Epstein, and Christy Miller said they supported the pickleball courts at Lang Park and they offered suggestions to lessen impact to the neighbors.
Lance Polster suggested Moulton Meadows as an alternative location.
Susan Cruciana and Jacob Cherub commented on the closeness of the courts at Lang Park to the residential homes, impacting those residents quality of life.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to:
(1) Direct staff to reduce the hours of operation of the Lang Park pickleball courts in accordance with the following schedule, effective March 1, 2024: Monday - Closed, Tuesday - 8 a.m. to noon, Wednesday - 8 a.m. to dusk, Thursday - 8 a.m. to noon, Friday - 8 a.m. to dusk, Saturday - 8 a.m. to dusk, Sunday - 9 a.m. to dusk; (2) Direct staff to encourage and promote use of quiet paddles and balls at Lang Park, and mandate their use in City-sponsored pickleball classes; (3) Direct staff to purchase an initial order of 50 quiet pickleball paddles to sell at-cost to pickleball players to encourage use of the paddles at Lang Park; (4) Direct staff to pursue alternate locations for pickleball play, including at Moulton Meadows Park at the far northeast end of the park bordering the County property, at Alta Laguna Park on the grass area behind the existing pickleball courts, resulting in four tennis courts and nine pickleball courts, converting a third existing tennis court at Alta Laguna Park to three new pickleball courts, resulting in three tennis courts and nine -5-
Laguna Beach City Council Minutes January 23, 2024
pickleball courts, and the inland side of Aliso Beach Park, direct staff to proceed with environmental analysis of pickleball courts at the selected locations, and appropriate $80,000 from the General Fund balance to perform the necessary analysis; and (5) Direct staff to work with the property manager of the adjacent residential units to incorporate additional sound mitigation efforts, including multi-pane windows.
10. PROMENADE ON FOREST CONCEPT REVIEW AND APPROVAL
Presentation and Discussion: Staff and consultants responded to comments and questions raised by members of the City Council regarding the update on the design of the Promenade on Forest.
Public Testimony: Bob Borthwick, Brendon Crigler, Vicki Borthwick, Violet Sihad, Cathy Jurca, Amy Jackson, Gayle Waite member of the public, Ronna Gromay, Ann Christoph, Anne Krizman, Ruben Flores, John Thomas, Jacob Cherub, Anne Caenn, Gene Felder, Billy Fried, Carly Sciacca, Mike Phillips, and Carey Strombotne voiced concerns with the proposed designs for the Promenade on Forest and they offered suggestions.
Erin Slattery said she supported option two, Forest Stroll, of the conceptual designs and she explained.
Moved by Councilmember Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to:
(1) Affirm the City Council's continued support for the idea of a pedestrian plaza; and (2) Appoint Mayor Sue Kempf and Councilmember Mark Orgill as an ad hoc committee to work with city staff to identify the scope and constraints, and determine the process to move forward, including a design competition, and return to the City Council within 90 days.
11. PRESENTATION OF PROPOSED ALISO CREEK ESTUARY PROJECT AND POLICY
DIRECTION
Presentation and Discussion: Staff and the project representatives responded to comments and questions raised by members of the City Council regarding the restoration project for the Aliso Creek Estuary.
Public Testimony: Greg Viviani, Adam Riddenkaufman, Nick Hernandez, Chad Stickney, Abbas Khoshniyati, Roger C., Brendon, Dawson S., Paul Naude, Kelvin Chalker, and Joanne McMahon stated that they did not support an estuary at Aliso Creek, and they explained.
Mike Beanan, Bluebelt Coalition, urged the City Council to support the Aliso Creek Estuary restoration project.
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Laguna Beach City Council Minutes January 23, 2024
Moved by Councilmember Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Receive a presentation from Laguna Ocean Foundation regarding the restoration project for the Aliso Creek Estuary; and
(2) If the City Council desires additional review of the project:
a. Instruct Laguna Ocean Foundation to submit a Concept Review application to initiate the development review process;
b. Authorize the City Manager to sign the Concept Review application as property owner,
c. Direct staff to agendize an Aliso Creek Estuary Update on a future City Council meeting following the Planning Commission's review of the Concept application; and
d. Waive applicable application fees (estimated $13,825).
ADJOURNMENT
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There being no further business, Mayor Kempf at 10:59 p.m., Tuesday, January 23, 2024, 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, February 13, 2024, at City Hall, 505 Forest Avenue, Laguna Beach California.
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Approved: February 27, 2024
Sue Kempf, Mayor
Mull
Ann Marie Mckay, Cily Clak
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. -7-
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 23, 2024
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The hybrid virtual/in-person Regular Meeting of the City Council of the City of Laguna Beach was ne. Lat una Bom, Tuesday, January 23, 2024, in the City Council Chambers, 505 Forest ***************
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 10:59 p.m., Tuesday, January 23, 2024, 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 24 day of January 2024.
cluk
I CORPORATED City Clerk of the City of Laguna Beach California VUNE 29, 192
O
NOT COUNTY CAUS
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, January 23, 2024, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on January 24, 2024, at the hour of 10:00 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.
culik
City Clerk of the City of Laguna Bead, California