Laguna Beach City Council Minutes February 13, 2024
MINUTES
LAGUNA BEACH CITY COUNCIL
HYBRID VIRTUAL/IN-PERSON REGULAR MEETING
February 13, 2024
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, February 13, 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
Mayor Pro Tem Alex Rounaghi led the Pledge of Allegiance.
CLOSED SESSION
*****************
PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(b)(1)
Title: City Manager
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Carboy Designated Representatives: Interin Giy Manager Sean Joyce; City Atomey Megan Unrepresented Employee: City Manager (to be appointed)
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Number of Cases: One (1)
Dornin v. City of Laguna Beach, Orange County Superior Court Case No. 30-2021-01183025
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (INITIATION) Pursuant to Government Code Section 54956.9(d) (4)
Number of Potential Cases: One (1)
-1-
Laguna Beach City Council Minutes February 13, 2024
SEMI-ANNUAL REPORT OF PENDING CIVIL LITIGATION:
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Number of Cases: Eight (8)
(1) Chen and Koyanagi v. City of Laguna Beach, Orange County Superior Court Case Nos. 30- 2021-01238322 and 30-2022-01241426;
(2) Laguna Beach Company v. City of Laguna Beach, Orange County Superior Court Case No. 30-2022-01291759;
(3) Ross v. City of Laguna Beach, Orange County Superior Court Case No. M-20291; (4) Alexander and Zeytoon Enterprises v. California Department of Transportation, et al., Orange County Superior Court Case No. 30-2023-91332564; (5) Steinmetz v. City of Laguna Beach, USDC Case No. 8:21-cv-02112 JVS DFM; (6) Laguna Beach Coalition for Environmental Protection v. City of Laguna Beach (Yvonne Park), Orange County Superior Court, Case No. 30-2023-01349628 (1) Laguna Beach Historic Preservation Coalition v. City of Laguna Beach, Orange County Superior Court Case No. 30-2021-01178477; San Diego County Superior Court Case No. 37-2022-00041130;
(8) Laguna Historic Preservation Coalition and Jurca v. City of Laguna Beach (Michael Ray), Orange County Superior Court Case No. 30-2021-01235816.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Pursuant to Government Code Section 54956.9(d)(2) and 54956.9(e) (2) Number of Potential Cases: One (1)
City Attorney Megan Garibaldi reported that all Councilmembers were present and participated in the discussions; there was no reportable action on Items 1 and 2, the City Council did not breach Item 3 due to lack of time, on Item 4 the City Council voted unanimously 5/0 to file a government claim against South Coast Water District, and the City Council did not breach Items 5 and 6 due to lack of time. Pat Gallis gave public comment on Case (6) of Item 5.
PUBLIC COMMUNICATIONS
*****************************
Joy Dittberner, Laguna Beach Arts Alliance and Laguna Dance Festival, announced upcoming performances, and requested that the City Council provide additional performance space.
Carolyn Keatinge requested that the Laguna Local service area be expanded to the San Juan train station. She also commented on the Laguna Beach Unified School District's swimming pool proposal and the City's need for a community pool. Gary Kasik and Steve Brown, Sensible Laguna, also community on the pool issue.
Heather Chalmers requested that the City immediately address her concerns related to the safety of Torrey Pine trees near her home on Hilledge Drive.
-2-
Laguna Beach City Council Minutes February 13, 2024
Pat Gallis commented again on property rights and the commented on the precedent-setting court decision on the Kirby case.
Chris Catsimanes described "mission creep" and related it to the promenade project.
Ryan and Christy Miller explained their concerns and disagreement with the administrative approval of a wireless facility located on the roof of 1833 South Coast Highway.
Gene Felder asserted that the City needs to limit the distribution and consumption of alcohol in Laguna Beach.
MJ Abraham described her LB Chat platform.
Members of the public participating virtually provided intolerant comments.
COUNCIL AND STAFF REPORTS
*******************************
Interim City Manager Sean Joyce responded to the City Council that an application was received today regarding the tree of concern, and is being processed expeditiously.
Councilmember George Weiss commented on the passing of Marion Jacobs and Norman Powell.
He also commented on the City's agreement to certain legal fees associated with a lawsuit.
Regarding the wireless facility, Interim City Manager Sean Joyce assured Councilmember Weiss that he will personally meet with the Millers.
Councilmember Mark Orgill noted the large turnout for Visit Laguna's showing of its Radical Origins docuseries at the Rivian South Coast Theater, and he asked the City Attorney about efforts on keeping the public updated on lawsuits.
Mayor Pro Tem Alex Rounaghi noted his participation in the Point in Time count, commented on hate speech, and reported on his attendance at the UCI Fighting Antisemitism conference.
CONSENT CALENDAR
*жж*ж*жж**************
PROCLAMATION RECOGNIZING FEBRUARY 2024 AS BLACK HISTORY MONTH
IN LAGUNA BEACH
Moved by Councilmember Bob Whalen, seconded by Mayor Pro Tem Alex Rounaghi, and carried unanimously 5/0 to adopt the Proclamation recognizing February 2024 as Black History Month in Laguna Beach.
-3-
Laguna Beach City Council Minutes February 13, 2024
PROMENADE ON FOREST AD HOC COMMITTEE
Mayor Sue Kempf pulled this item to clarify the role of the ad hoc committee.
Public Testimony: Bill Hoffman, Michelle Monda, Roger Kempler, Mark Kristy, Tony Fisch, John Thomas and Anne Caenn voiced support for moving forward with the promenade and offered their suggestions.
Lou Moss said he did not support the parklets in Laguna Beach; Gene Felder stated that he did not support a promenade.
During public comment, this item was trailed, and the meeting was adjourned without City Council action taken.
SUMMARY OF THE CITY COUNCIL'S 2024 ANNUAL PLANNING WORKSHOP Councilmember Bob Whalen pulled this item to request staff return to the City Council with a survey at the next meeting.
Received and filed the summary of the City Council's 2024 Annual Planning Workshop, with Councilmember Whalen's request that the survey item on Initiative #1 be brought before the City Council at its next regular meeting.
TOLLING AGREEMENT RE ENTITLEMENTS FOR SINGLE FAMILY DWELLING AT 22350 3RD AVENUE
The meeting was adjourned without City Council action taken on this item.
REGULAR ORDER
********************
5. INTERVIEWS AND APPOINTMENTS TO THE VIEW RESTORATION COMMITTEE The meeting was adjourned without City Council action taken on this item.
6. INTERVIEWS AND APPOINTMENTS TO THE HERITAGE COMMITTEE The meeting was adjourned without City Council action taken on this item.
INTERVIEWS AND APPOINTMENTS TO THE DESIGN REVIEW BOARD
The meeting was adjourned without City Council action taken on this item. -4-
Laguna Beach City Council Minutes February 13, 2024
INTERVIEWS AND APPOINTMENTS TO THE PARKING. TRAFFIC, &
CIRCULATION COMMITTEE
The meeting was adjourned without City Council action taken on this item.
9. INTERVIEWS AND APPOINTMENTS TO THE ENVIRONMENTAL
SUSTAINABILITY COMMITTEE
The meeting was adjourned without City Council action taken on this item.
10. INTERVIEWS AND APPOINTMENTS TO THE RECREATION COMMITTEE The meeting was adjourned without City Council action taken on this item.
11. CONSULTANT SERVICES AGREEMENT FOR THE DEVELOPMENT OF A
FACILITIES MASTER PLAN
The meeting was adjourned without City Council action taken on this item.
12. LEVEL I RISK ASSESSMENT OF PUBLIC TREE AT 387 EL CAMINO DEL MAR
AND UPDATE TO TREE REMOVAL AND PLANTING POLICY FOR PUBLIC TREES The meeting was adjourned without City Council action taken on this item.
PUBLIC HEARINGS
******************
A. APPEAL OF APPROVAL OF DESIGN REVIEW 23-1070, COASTAL DEVELOPMENT PERMIT 23-1069, AND MITIGATED NEGATIVE DECLARATION PURSUANT TO
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 [CONTINUED FROM DECEMBER 12. 2023, CITY COUNCIL MEETING] The meeting was adjourned without City Council action taken on this item.
B. APPEAL OF APPROVAL OF CONDITIONAL USE PERMIT 22-2480 TO INTRODUCE
A TATTOO BODY ART SERVICE COMPONENT AT AN EXISTING ART GALLERY LOCATED AT 618 SOUTH COAST HIGHWAY (APN:644-036-29) IN THE C-1 (LOCAL
BUSINESS DISTRICT) ZONE
The meeting was adjourned without City Council action taken on this item. -5-
Laguna Beach City Council Minutes February 13, 2024
ADJOURNMENT
****************
There being no further business, Mayor Kempf at 6:46 p.m., Tuesday, February 13, 2024, adjourned to the Closed Session at 4:00 p.m. and to the Regular City Council Meeting at 5:00 p.m. on Tuesday, February 27, 2024, at City Hall, 505 Forest Avenue, Laguna Beach California. ****************
Approved: March 12, 2024
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.
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
February 13, 2024
****************
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, February 13, 2024, in the City Council Chambers, 505 Forest Avenue, Laguna Beach, California.
***************
PRESENT COUNCILMEMBERS: Orgill, Rounaghi, Weiss, Kempf, Whalen PARTICIPATING REMOTELY: None
ABSENT: COUNCILMEMBERS: None
ADJOURNMENT
***************
There being no further business, Mayor Kempf at 6:46 p.m., Tuesday, February 13, 2024, adjourned to the Closed Session at 4:00 p.m. and Regular City Council Meeting at 5:00 p.m., Tuesday, February 27, 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 14"h day of February 2024.
NCORPORATE City Clerk of the City of Laguna Beach Cathoma UNE 29, 192)
CERTIFICATE OF POSTING
NOTICE OF ADJOURNMENT
****************************
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, February 13, 2024, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on February 14, 2024, at the hour of 11:00 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
cuuk)