Laguna Beach City Council Minutes March 12, 2024
MINUTES
LAGUNA BEACH CITY COUNCIL REGULAR MEETING
March 12, 2024
1 Regular Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday March 12. 2024. in the Citv Hall. 505 Forest Avenue. Laguna Beach. California, Mayor Kemp presiding.
ROLL CALL
PRESENT: COUNCILMEMBERS: Orgill, Rounaghi, Weiss, Whalen, Kempf PARTICIPATING REMOTELY: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember George Weiss 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 Megan Garibaldi
Unrepresented Employee: City Manager (to be appointed)
CLOSED SESSION ANNOUNCEMENTS)
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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 stated that there was no reportable action.
ADDITIONS and DELETIONS
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Interim City Manager Sean Joyce requested to remove Item #4 from the agenda and advised that it will be brought back at a later date.
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Laguna Beach City Council Minutes March 12, 2024
PUBLIC COMMENTS - NON-AGENDIZED ITEMS
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Thomas Fleming expressed his concerns related to armed police officers in City Council Chambers and wildlife services within the City.
Susana Cruciana asserted that the quiet paddles have not mitigated the noise sufficiently from the pickleball courts at Lang Park.
Erin Slattery, Chamber of Commerce, commented on the upcoming State of the City, and noted other upcoming Chamber events.
Greg Viviani reiterated his assertion that the Aliso Beach sand berm should be breached.
Pat Gallis commented on the lawsuit the City recently lost related to a property on Hawthorne.
MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS, AND CITY MANAGER ****************************************************************************** Councilmember Mark Orgill congratulated Rivian on its recent launch event. Mayor Pro Tem Alex Rounaghi and Mayor Sue Kempf commented on the completion of the South Coast Water District tunnel project. Mayor Sue Kempf commented on the annual Arbor Day event.
Mayor Pro Tem Alex Rounaghi reported on the defeat of Senate Bill (SB) 1055 that was introduced by State Senator Dave Min to provide local jurisdictions the flexibility in ministerial approval height limits for attached accessory dwelling units (ADUs).
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 1-3 and 5.
MINUTES OF THE CITY COUNCIL MEETING
Approved the minutes of the Regular Meetings of the City Council of February 13 and 27, 2024, and of the Special Meeting of the City Council of February 29, 2024.
2. WARRANT LISTING
Warrants: $2,425,984.08 02/16/2024
Payroll #17: $1,648,098.18 02/23/2024
Total $4.074.082.26
Approved the general warrants and payroll disbursements. -2-
Laguna Beach City Council Minutes March 12, 2024
CLAIMS AGAINST THE CITY
(1) Rejected claim #23-32 filed by Rachael Gray; and
(2) Rejected claim #24-05 filed by Francine Patten.
ADOPTION OF ZONING ORDINANCE AMENDMENT 22-1548 AND LOCAL COASTAL PROGRAM AMENDMENT 22-1630 TO ADD CHAPTER 25.95 TO THE
LAGUNA BEACH MUNICIPAL CODE REGARDING REGULATION OF SINGLE
FAMILY RESIDENTIAL ONE- AND TWO-UNIT DEVELOPMENTS AND URBAN LOT SPLITS PURSUANT TO CALIFORNIA SENATE BILL 9, AS MODIFIED BY THE
CALIFORNIA COASTAL COMMISSION, AND MAKING A FINDING OF
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT This item was removed from the Agenda.
ADOPTION OF ORDINANCE ADDING LAGUNA BEACH MUNICIPAL CODE CHAPTER 7.90, RESIDENTIAL PROPERTY - NOTICE AND REPORTING
REQUIREMENTS FOR TENANT EVICTIONS, TO SUPPLEMENT THE STATE OF
CALIFORNIA'S TENANT PROTECTION LAWS
Adopted Ordinance #1696 titled, "AN ORDINANCE OF THE CITY OF LAGUNA
BEACH, CALIFORNIA, ADDING LAGUNA BEACH MUNICIPAL CODE CHAPTER
7.90, RESIDENTIAL PROPERTY - NOTICE AND REPORTING REQUIREMENTS FOR
TENANT EVICTIONS, TO SUPPLEMENT THE STATE OF CALIFORNIA'S TENANT PROTECTION LAWS".
6. AUTHORIZATION TO PURCHASE THREE POLICE VEHICLES
Councilmember George Weiss pulled this item to discuss moving toward with a hybrid or electric fleet of police vehicles. Professional Services Administrator Jim Beres commented that it was the Police Department's goal to transition to hybrid and electric vehicles.
Moved by Councilmember Bob Whalen, seconded by Mayor Pro Tem Alex Rounaghi, and carried unanimously 5/0 to authorize the Interim City Manager, or his designees, to procure three 2024 Police Ford Interceptors in an amount of $52,342 for each vehicle, and an additional $12,000 per vehicle for conversion costs to equip the vehicles with emergency lighting, sirens, computers, and radio communication capabilities for a total expenditure of $193,026.
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Laguna Beach City Council Minutes March 12, 2024
2023 HOUSING ELEMENT ANNUAL PROGRESS REPORT
Discussion: Mayor Pro Tem Alex Rounaghi pulled this item to voice concerns that the City was lacking in low-income and affordable housing. Housing Program Coordinator Jennifer Savage briefly updated the City Council on the implementation of affordable housing in Laguna Beach. Mayor Pro Tem Alex Rounaghi commented that he was cautiously optimistic about complying with the low-income housing goals.
Public Testimony: Cody Engle and Jacquie Schaefgen, Housing and Human Services Committee, commented on the Housing Element draft and the need for low-income and senior housing. Chris Quilter concurred with those comments.
Penny Milne suggested a modification to the 2023 Housing Element Annual Progress Report.
No motion was made.
REGULAR BUSINESS
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CONSIDERATION OF INTRODUCTION OF AN ORDINANCE AMENDING
CHAPTER 2.04 OF THE LAGUNA BEACH MUNICIPAL CODE TO MAKE CERTAIN
REVISIONS RELATING TO THE CONDUCT AND ADMINISTRATION OF THE CITY COUNCIL, AND REPEALING ORDINANCE NO. 204 RELATING TO THE
REGULATIONS FOR CONDUCTING THE ORDER OF BUSINESS AT CITY COUNCIL
MEETINGS
Discussion: City Attorney Megan Garibaldi commented on the proposed ordinance pertaining to the regulations for conducting the order of business at City Council meetings.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember George Weiss, and carried unanimously 5/0 to introduce and conduct first reading, proceed by title only, and waive further reading in full of an ordinance titled, "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING CHAPTER 2.04 OF TITLE 2 OF THE LAGUNA BEACH MUNICIPAL CODE, AND REPEALING ORDINANCE NO. 204."
9. CITY OPERATED AMBULANCE PROGRAM REPORT FOR FISCAL YEAR 2022-23 (JULY 1, 2022 - JUNE 30, 2023)
Discussion: Staff reported on the city-operated Ambulance Program for fiscal year 2022-
23. They responded to comments and questions.
Public Testimony: John Thomas and Matt Lawson stated that they supported the Ambulance Program.
No motion was made.
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Laguna Beach City Council Minutes March 12, 2024
10. COMMUNITY POOL ALTERNATIVES
Presentation and Discussion: Councilmember Bob Whalen and Mayor Sue Kempf introduced the item. Staff responded to comments and questions raised by members of the City Council. Councilmember Mark Orgill suggested that the pool be included in the upcoming Master Facilities Plan.
Public Testimony: Morris Skenderian, Regina Hartley, Chris Lonzo, Gene Felder, John Thomas, Gene Cooper, Sheri Morgan, Vicki McIntosh, Robin Hall, Patricia Cooper, Dale O'Neil, Caroline Keating, Rich Laptiwich, Johanna Felder Scott Broucher, Ben Simon, Sensible Laguna, Chris Housin, Kiersten Warner, Jacquie Schaefgen, and Jolie Eisner stated that they supported the city owning and operating the community pool separate from the school district's proposed 50-meter pool.
Ed Wilson, Julian Harvey, Tim Wald, Scott Kibbey, Kimberly Smith, Jeb Brown, Robert Durant and Laura Jermanie provided reasons why they supported a joint-use agreement with the school district on its proposed 50-meter pool.
Moved by Councilmember Mark Orgill, seconded by Mayor Pro Tem Alex Rounaghi, and carried unanimously 5/0 to provide policy direction to staff for the Facilities Master Plan ad hoc committee to explore options to build a new 25-meter pool at an alternate location that would be constructed, operated, and maintained by the City, and investigate interim alternatives.
11. APPOINTMENT OF TWO CITY COUNCIL MEMBERS TO AD HOC COMMITTEE TO REVIEW FISCAL YEAR 2024-25 COMMUNITY ASSISTANCE GRANT
APPLICATIONS
Discussion: Staff reported on the Community Assistance Grant applications and the need to appoint two City Councilmembers to the ad hoc committee to review the grant applications.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to:
(1) Appoint Councilmembers George Weiss and Bob Whalen to form an ad hoc committee responsible for reviewing the Fiscal Year 2024-25 Community Assistance Grant applications; and
(2) Report back to the City Council with a recommendation regarding the amount of grant awards for applications at the June 11, 2024, City Council meeting. -5-
Laguna Beach City Council Minutes March 12, 2024
12. REVISED FUND BALANCES FOR THE FISCAL YEAR 2023-24, MID-YEAR BUDGET MODIFICATIONS FOR THE FISCAL YEAR 2023-24, AND A RESOLUTION
APPROVING SALARY SCHEDULES
Presentation and Discussion: Staff reported on the mid-year financial update and recommended budget modifications. They responded to comments and questions raised by members of the City Council. Mayor Sue Kempf suggested a modification to the budget based on Milne's request. Councilmembers Weiss and Orgill requested an allocation of funds for the Fire Department and affordable housing.
Public Testimony: Penny Milne requested an addition to the budget on behalf of the Laguna College of Art + Design (LCAD) and the Laguna Canyon Foundation.
Moved by Councilmember Bob Whalen, seconded by Mayor Pro Tem Alex Rounaghi, and carried unanimously 5/0 to:
(1) Update the Fiscal Year 2023-24 Adopted Budget by accepting June 30, 2023, ending fund balances;
(2) Modify the Fiscal Year 2023-24 Adopted Budget and approve the additional appropriations and adjustments as recommended in the report, and adding $300,000 to the Open Space fund, $200,000 to the Housing Fund, and designating $20,000 for the Laguna Canyon Foundation; and
(3) Adopt the salary schedules for Fiscal Year 2023-24 by adopting Resolution #24.016 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, SETTING PAY RANGES FOR CITY EMPLOYEES," which ratifies the changes to the classification titles, range assignments, and salary table format.
PUBLIC HEARINGS
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A. APPEAL OF APPROVAL OF DESIGN REVIEW 23-1070, COASTAL DEVELOPMENI 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 Presentation and Discussion: Staff summarized the appeal and responded to comments and questions raised by members of the City Council. The Councilmembers extensively discussed the public view impacts; therefore, the project's architect, Horst Noppenberger, suggested increasing the view corridor from 16 feet to 24 feet wide.
Public Testimony in Support of the Appeal: Scott Frazer, appellant, stated that he was concerned about the loss of coastal scenic resources from the proposed project. Cathy Jurca and Ann Christoph supported the appeal.
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Laguna Beach City Council Minutes March 12, 2024
Public Testimony in Opposition to the Appeal: Horst Noppenberger, architect for the project, explained why it was infeasible to build this project at street level, and the compromises the applicants had undertaken. Pat Gallis supported the proposed design of the project.
Rebuttal: Scott Frazer listed his grievances with the proposed project.
Moved by Councilmember Bob Whalen, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to adopt Resolution #24.017 denying the appeal, sustaining the Design Review Board's decision to approve the project, modifying the project, and adopting the Mitigated Negative Declaration and associated Mitigation Monitoring Program, as modified with more restrictive conditions to lower the house by one foot and increase the view corridor to 24 feet.
COUNCIL MEMBER ITEM(S)
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In accordance with Resolution #24.011, Councilmember Mark Orgill and Mayor Pro Tem Alex Rounaghi proposed that the pickleball California Environmental Quality Act (CEQA) analysis be agendized for an upcoming City Council meeting to be halted and instead included as part of the Facilities Master Plan effort, and the funds be reallocated for heat pumps and dual-pane windows for the low-income senior housing community adjacent to Lang Park. Mayor Sue Kempf agreed with the request; therefore, staff will prepare the appropriate agenda report and analysis.
ADJOURNMENT
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There being no further business, Mayor Kempf at 10:18 p.m., Tuesday, March 12, 2024, adjourned to the Closed Session at 4:00 p.m., and Regular City Council Meeting at 5:00 p.m., Tuesday, March 26, 2024, at City Hall, 505 Forest Avenue, Laguna Beach California. ****************
Approved: April 23, 2024
lue Kempf. Mavc
Am Marie Mokay, Cily Chek
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Laguna Beach City Council Minutes 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. -8-
NOTICE OF ADJOURNMENT OF CITY COUNCIL MEETING
(GOVERNMENT CODE SECTION 54995)
EXCERPT OF THE MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
OF THE CITY OF LAGUNA BEACH
March 12, 2024
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The Regular Meeting of the City Council of the City of Laguna Beach was held at 5:00 p.m., Tuesday, March 12, 2024, in the City Council Chambers, 505 Forest Avenue, Laguna Beach, California.
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PRESENT COUNCILMEMBERS: Orgill, Weiss, Whalen, Rounaghi, Kempf PARTICIPATING REMOTELY: None
ABSENT: COUNCILMEMBERS: None
ADJOURNMENT
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There being no further business, Mayor Kempf at 10:18 p.m., Tuesday, March 12, 2024, adjourned to the Study Session at 3:00 p.m., then to the to the Closed Session at 4:00 p.m., and Regular City Council Meeting at 5:00 p.m., Tuesday, March 26, 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 13th day of March 2024.
«"СОЯРОРАТ"
YUNE 29,192
ANGE COUNT.
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, March 12, 2024, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on March 13, 2024, at the hour of 1:30 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.