Laguna Beach City Council Minutes February 29, 2024
MINUTES
LAGUNA BEACH CITY COUNCIL SPECIAL MEETING
February 29, 2024
A Special Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, February 29, 2024, in the City Hall, 505 Forest Avenue, Laguna Beach, California, Mayor Kempf
ROLL CALL
PRESENT: COUNCILMEMBERS: Orgili, Rounaghi, Weiss, Whalen, Kempf PARTICIPATING REMOTELY: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Mark Orgill led the Pledge of Allegiance.
CLOSED SESSION
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PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(b)(1)
Title: Interim/Acting City Manager
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
Agency Designated Representatives: Interim City Manager Sean Joyce; City Attorney 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
Pursuant to Government Code Section 54956.9(d) (2)
Number of Potential Cases: One (1)
Pursuant to Government Code Sections 54956.9(d)(2) and (e)(2), there is significant exposure to litigation against the City based on the following existing facts and circumstances, which are known to potential plaintiffs: A sewer backup occurred on July 11, 2023 at 278 Cypress Drive, which impacted the onsite property. - 1-
Laguna Beach City Council Minutes February 29, 2024
SEMI-ANNUAL REPORT OF PENDING CIVIL LITIGATION AND GENERAL LIABILITY UPDATE:
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(LAWSUITS)
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 (7) 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-EXISTING LITIGATION (CLAIMS) Pursuant to Government Code Section 54956.9(d)(1)
Number of Claims: Forty-Six (46)
(1) 283 Broadway LLC (Claim No. GHC0049471);
(2) Erica Barnes (Claim No. GHC0043242);
(3) Rene Baxter-Payne (Claim No. GHC0062483);
(4) Benjamin Bohannan (Claim No. GHC0051008);
(5) Mahtab Bolbolan and Sufyan Hassan (Claim No. GHC0050497); (6) Jay Casas (Claim No. GHC0063469);
(7) Carolyn Chaney (Claim No. GHC0046608);
(8) Ryan Clark (Claim No. GHC0056720);
(9) Scott Delorme, Frances Delorme and Sepehr Saeedi (Claim No. GHC0060170); (10) Maxine Dobro (Claim No. GHC0067795);
(11) Emily Dygert (Claim No. GHC0041995);
(12) Marshall Eichenauer (Claim No. GHC0067344);
(13) Steve Ellman (Claim No. GHC0036671);
(14) Sami Fadel (Claim No. GHC0045387);
(15) Leonard Feigenbaum (Claim No. GHC0060679);
(16) Cindy Flores, Mia Villegas, Alejandro Hurtado, Jason Aflague, Zachary Miller (Claim No. GHC0067574);
(17) Laura Giffin (Claim No. GHC0064110);
(18) Rachael Gray (Claim No. GHC0063459);
(19) Rodney Halvorson and Interinsurance Exchange of the Automobile Club a.s.o. -2-
Laguna Beach City Council Minutes February 29, 2024
Rodney Halvorson (Claim No. GHC0048936);
(20) Shane Hardin (Claim No. GHC0045707);
(21) Interinsurance Exchange of the Automobile Club a.s.o. Maria Buitrago (Claim No.
GHC0065669);
(22) Julie Jacobsen (Claim No. GHC0046716);
(23) Charles Johnson and Christine Cilano (Claim No. GHC0066798); (24) Karen Kenney (Claim No. GHC0049855);
(25) Laguna Beach Properties Inc. DBA Tuvalu (Claim No. GHC0064704); (26) Patricia Lockwood (Claim No. GHC0060658);
(27) Mary Scifres and Brian Beu (Claim No. GHC0062117;
(28) Coral Mines (Claim No. GHC0050056);
(29) Edith Otto and Jimmy Otto (Claim No. GHC0034199);
(30) Francine Patten (Claim No. GHC0067676);
(31) Natalie Peart (Claim No. GHC0062608);
(32) Nicholas Pumas (Claim No. GHC0058879);
(33) Sergio Ramirez (Claim No. GHC0047841);
(34) Jon Romans (Claim No. GHC0031186);
(35) Gene Sottosanto (Claim No. GHC0064820;
(36) South Coast Water District, Anna and James Collins Goddard, Clark and Marie McCarthy, Craig & Alicia Timmins, David Serrurier and Barry Fogel, Jacob Berger, Ken and Diane Berger, Lenelle Hamil, Lona Ingwerson, Rachel Alcone, Richard and Janice Brown (Claim No. GHC0052571);
(37) Woni Spotts (Claim No. GHC0049471);
(38) Donald Thomas (Claim No. GHC0050248);
(39) Jose Ucros (Claim No. GHC0053626);
(40) Dennis Upchurch (Claim No. GHC0066968);
(41) James Vale and Donna Woodworth (Claim No. GHC0062608); (42) Kennette Valencia (Claim No. GHC0047697);
(43) Ralph Vanderlinde (Claim No. GHC0045628);
(44) Diane Varela (Claim No. GHC0040667);
(45) Amanda Wilde (Claim No. GHC0067430);
(46) Dafidd "Rhod" Williams and Janine Williams (Claim No. GHC0041746).
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)
Pursuant to Government Code Sections 54956.9(d)(2) and (e)(2), there is significant exposure to litigation against the City based on the following existing facts and circumstances, which are known to a potential plaintiff (i.e., a nonprofit interest group named Foundation for Individual Rights and Expression ("FIRE")): on August 14, 2023, FIRE transmitted correspondence to the City alleging that Laguna Beach Municipal Code § 11.60.040, entitled "Special Regulations for the Forest Avenue Promenade,' unconstitutional restriction on speech under the First Amendment. FIRE's correspondence is attached to the agenda and on file with the City Clerk's Office for review.
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Laguna Beach City Council Minutes February 29, 2024
City Attorney Megan Garibaldi reported that all five Councilmembers were present and participated in the discussions, and there was no public comment prior to the City Council convening into the Closed Session. She reported that the City Council discussed Closed Session agenda items 1, 2, 3 4, 6, and 7, with no reportable action, and there was no discussion on the Laguna Beach Company v City of Laguna Beach case.
EXTRAORDINARY BUSINESS
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PROCLAMATION RECOGNIZING HEARTFELT'S CONTRIBUTION TO THE COMMUNITY AND DECLARING FEBRUARY 2024 AS AMERICAN HEART MONTH Adopted the Proclamation recognizing Heartfelt's contribution to the community and declaring February 2024 as American Heart Month.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS
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Michael Ray addressed previous comments made by Councilmember George Weiss.
Toni Iseman commented on the importance of the City Council's role in decisions related to public art.
Kuben Flores encouraged the City Council to find a way to safely reinstate Zoom for public participation. He also noted inconsistencies in the colors of replacement light bulbs at the Village Entrance, expressed concerns regarding the plant life on Broadway Street, suggested highlighting other organizations at the entrances to the City, opined that it was a missed opportunity not to ado trees during the Caltrans sidewalk project, and noted that City Council civility has improved.
MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS, AND CITY MANAGER ****************************************************************************** Assistant City Manager/CFO Gavin Curran reported that this year's Patriot's Day Parade has been canceled due to anticipated inclement weather.
Councilmembers reported on attending the ribbon cutting for the Moulton Meadows dog park and the Boys and Girls Club annual Community Partners Breakfast.
Mayor Pro Tem Alex Rounaghi reported that Senate Bill 1055, sponsored by California State Senator Dave Min to address local opposition to the State's mandate to allow attached accessory dwelling units to attain a height up to 25 feet, has been introduced in the State Senate. -4-
Laguna Beach City Council Minutes February 29, 2024
CONSENT CALENDAR
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Moved by Councilmember Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to approve items 1 and 2.
RESOLUTIONS APPROVING APPLICATIONS FOR LOCAL ASSISTANCE
SPECIFIED GRANT FUNDS
Adopted Resolutions #24.014 and #24.015 authorizing the City Manager to submit applications to the State of California Department of Parks and Recreation for Local Assistance Specified Grant Funds.
REGULAR ORDER
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3. INTERVIEWS AND APPOINTMENTS TO THE VIEW RESTORATION COMMITTEE Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember Bob Whalen, and carried unanimously 5/0 to reappoint Kelly Brochu and appoint Walter Stender to the View Restoration Committee for two-year terms beginning April 1, 2024, through March 31, 2025.
INTERVIEWS AND APPOINTMENTS TO THE HERITAGE COMMITTEE
Councilmember Bob Whalen recused himself due to a conflict of interest with one of the applicants.
The following applicants were interviewed for a position on the Heritage Committee: Liz Jurkowski, Linda Morgenlander, Jon Stordahl, and Scott Sumner.
The City Council reappointed Linda Morgenlander and appointed Jon Stordahl to the Heritage Committee for a two-year term beginning April 1, 2024, through March 31, 2026.
Roll Call:
Liz Jurkowski None
Linda Morgenlander Orgill, Weiss, Rounaghi, Kempf
Jon Stordahl Orgill, Weiss, Rounaghi, Kempf
Scott Sumner None
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Laguna Beach City Council Minutes February 29, 2024
INTERVIEWS AND APPOINTMENTS TO THE DESIGN REVIEW BOARD
The following applicants were interviewed for a position on the Design Review Board: Imer Bauta, Mary Jo "MJ" Coveny, Jessica Gannon, and Robb Mitchell.
The City Council appointed Mary Jo "MJ" Coveny and reappointed Jessica Gannon to the Design Review Board for two-year terms beginning April 1, 2024, through March 31, 2026.
Roll Call:
Imer Bauta Weiss
Mary Jo "MJ" Coveny Orgill, Weiss, Whalen, Rounaghi, Kempf Jessica Gannon Orgill, Whalen, Rounaghi, Kempf
Robb Mitchell None
INTERVIEWS AND APPOINTMENTS TO THE PARKING, TRAFFIC,
CIRCULATION COMMITTEE
The following applicants were interviewed for a position on the Parking, Traffic, & Circulation Committee: Matt Hendrick, Lauriann Meyer, Brandon Rippeon, Mike Simmons, Simon Sproule. Written statements were provided by Lawrence Esten and India Hynes; a video statement was provided by Marian Keegan. Michael Rosenberg and Stewart "Andre" Shields were not present and did not provide prepared statements in lieu of their interviews.
The City Council reappointed Lauriann Meyer and Brandon Rippeon, and appointed Mike Simmons and Simon Sproule, to the Parking, Traffic, & Circulation Committee for two-year terms beginning April 1, 2024, through March 31, 2026.
Roll Call (Vote #1):
Lawrence Esten Orgill, Kempf
Matt Hendrick Orgill, Weiss
India Hynes Kempf
Marian Keegan None
Lauriann Meyer Weiss, Whalen, Rounaghi
Brandon Rippeon Whalen, Rounaghi
Michael Rosenberg None
Stewart "Andre" Shields Orgil, Weiss, Whalen, Rounaghi, Kempf Mike Simmons
Simon Sproule Orgill, Weiss, Whalen, Rounaghi, Kempf
Roll Call (Vote #2):
Lawrence Esten None
Matt Hendrick Orgill
Brandon Rippeon Weiss, Whalen, Rounaghi, Kempf
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Laguna Beach City Council Minutes February 29, 2024
7. INTERVIEWS AND APPOINTMENTS TO THE ENVIRONMENTAL
SUSTAINABILITY COMMITTEE
The City Council:
(1) Reduced the Environmental Sustainability Committee from nine members and one alternate to seven members; and
(2) Reappointed Steve Chadima to the Environmental Sustainability Committee for a two- year term beginning April 1, 2024, through March 31, 2026.
The City Council interviewed for a position on the Environmental Sustainability Committee:
Steve Chadima, Paul Manina, and David Womack. Written statements were provided by Deborah Perlman Deem and Ramin Pejan. Alexander Graebe and Ted Reckas were not present and did not provide prepared statements in lieu of their interviews.
Roll Call:
Steve Chadima Orgill, Weiss, Whalen, Rounaghi, Kempf
Deborah Perlman Deem None
Alexander Graebe None
Paul Manina None
Ramin Pejan None
Ted Reckas None
David Womack None
INTERVIEWS AND APPOINTMENTS TO THE RECREATION COMMITTEE The City Council:
(1) Reduced the Recreation Committee from nine members and two alternates to seven members; and
(2) Reappointed Claudia Redfern to the Recreation Committee for a two-year term beginning April 1, 2024, through March 31, 2026.
The City Council interviewed for a position on the Recreation Committee: Andrew Binkley, James Foley, Claudia Redfern, and Jennifer Zeiter. A video statement was provided by Marian Keegan. Robert Klugman and Ryan Marx were not present and did not provide prepared statements in lieu of their interviews. India Hynes withdrew her application for this committee.
Roll Call:
Andrew Binkley Weiss
James Foley Orgill
Marian Keegan None
Robert Klugman None
Ryan Marx None
Claudia Redfern Rounaghi, Kempfr
Jennifer Zeiter Whalen
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Laguna Beach City Council Minutes February 29, 2024
LEVEL III RISK ASSESSMENT OF PUBLIC TREE AT 387 EL CAMINO DEL MAR Presentation and Discussion: Staff and consultants responded to comments and questions raised by members of the City Council regarding the Level III Risk Assessment of the public tree at 387 El Camino Del Mar.
Public Testimony: Ruben Flores and Bob Borthwick commented on improving the city's tree removal process and tree maintenance. Howard Englander and Bob Mister supported removal of the tree.
Discussion: Councilmember George Weiss stated that he would not support removal of the tree and he explained.
Councilmembers Whalen, Orgill, Mayor Kempf, and Mayor Pro Tem Rounaghi agreed that all attempts to save the tree had been exhausted and to ensure safety for residents, they supported removal of the tree.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember Bob Whalen, and carried 4/1 (Councilmember George Weiss dissented) to:
(1) Approve removal of the lemon-scented gum tree located at 387 El Camino Del Mar; directing staff to strive to add three trees in the area; (2) Determine that the recommended action is exempt from the California Environmental Quality Act (CEQA) according to State CEQA Guidelines section 15304 (Class 4) categorical exemption; and
(3) Direct staff to file and post a Notice of Exemption consistent with the above-stated CEQA finding within five days of this approval.
10. CONSULTANT SERVICES AGREEMENT FOR THE DEVELOPMENT OF A
FACILITIES MASTER PLAN
Presentation and Discussion: Staff and consultants responded to comments and questions raised by members of the City Council regarding consultant services agreement for the development of a Facilities Master Plan. There were discussions regarding proposed facilities throughout Laguna Beach.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to:
(1) Authorize the City Manager to execute a consultant services agreement with Griffin Structures, Inc., for $760,000, to develop a comprehensive Facilities Master Plan; (2) Authorize the City Manager to approve future project-related expenses and change orders with Griffin Structures, Inc., for an amount not-to-exceed $40,000; -8-
Laguna Beach City Council Minutes February 29, 2024
(3) Appropriate $50,000 from the Capital Improvement Fund to bring the total project budget to $800,000;
(4) Direct the Ad Hoc Committee to develop a process for a community working group; and (5) Approve the Facility Master Plan Ad Hoc Committee additional recommendations by:
a. Directing staff to take an aggressive approach to maximize utilization at the Laguna Beach Community and Recreation Center;
b. Directing staff to present to the City Council in Spring 2024 a plan with respect to Fire Station #1; and
c. Directing staff to work with Griffin Structures Inc. to develop a scope of work to evaluate the viability of public-private partnerships at the Village Entrance that includes a program to solicit such partnerships and next steps and present the scope of work and at a future City Council meeting for approval.
COUNCILMEMBER ITEM
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11. FIRST READING OF TENANCY TERMINATION NOTICE ORDINANCE [WHALENI Presentation and Discussion: Staff responded to comments and questions raised by members of the City Council regarding the proposed tenancy termination notice ordinance.
Public Testimony: Code Engle supported moving forward with the proposed ordinance.
Discussion: Councilmembers directed staff to develop an outreach and education program.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to:
(1) Introduce the Ordinance adding Laguna Beach Municipal Code Chapter 7.90, Residential Property - Notice and Reporting Requirements for Tenancy Terminations, to supplement the State of California's Tenant Protection Laws, including the additional notice requirement recommended by the Housing & Human Services Committee and noted in the staff report, to proposed section 7.90.030, by 1) asking the City Clerk to read the title of the Ordinance, and 2) approving a motion to waive further reading of the Ordinance and pass it to a second reading; and
(2) Direct staff to develop an outreach and education program and return to City Council. -9-
Laguna Beach City Council Minutes February 29, 2024
ADJOURNMENT
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There being no further business, Mayor Kempf at 8:49 p.m., Tuesday, February 29, 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, March 12, 2024, at City Hall, 505 Forest Avenue, Laguna Beach California. ****************
Approved: March 12, 2024
Sue Kempt, Mayor
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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)
EXCEPT OF THE MINUTES OF THE
HYBRID VIRTUAL/IN-PERSON REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH
February 29, 2024
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The hybrid virtual/in-person Regular Meeting of the City Council of the City of Laguna Beach vas held at 5:00 p.m., Thursday, February 29, 2024, in the City Council Chambers, 505 Fores Avenue. Laguna Beach, Californi
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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 8:49 p.m., Thursday, February 29, 2024, adjourned to the Closed Session at 4:00 p.m. and City Council Regular Meeting at 5:00 p.m., Tuesday, March 12, 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 1" day of March 2024.
class
„CORPORATED City Clerk of the City of Laguna Beach California 192
VUNE 29.
HOE COULTY CAND
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 Thursday, February 29, 2024, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on March 1, 2024, at the hour of 9:30 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