Laguna Beach City Council Minutes March 26, 2024
MINUTES
LAGUNA BEACH CITY COUNCIL REGULAR MEETING
March 26, 2024
A Regular Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, March 26, 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: Three (3)
(1) Rebecca White v. City of Laguna Beach, Workers Compensation Appeals Board Case Nos. ADJ16043031; ADJ15605511; and ADJ16136990 (2) Laguna Beach Historic Preservation Coalition v. City of Laguna Beach, Orange County Superior Court Case No. 30-2021-01178477; (3) Laguna Beach Historic Preservation Coalition v. California Coastal Commission (City of Laguna Beach is real party in interest), San Diego County Superior Court Case No. 37-2022-00041130
PUBLIC EMPLOYEE (RECRUITMENT)
Pursuant to Government Code Section 54957(b)(1)
Title: City Manager
PUBLIC EMPLOYEE (APPOINTMENT)
Pursuant to Government Code Section 54957(b)(1)
Title: Interim/Acting City Manager
Pursuant to the provisions of Government Code Section 54957(b)(1), the City Council holds this closed session for discussion of the recruitment of a new City Manager and appointment of an interim/acting City Manager.
CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: Sean Joyce, Interim City Manager; Megan Garibaldi, City Attorney
Unrepresented Employee: City Manager
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Laguna Beach City Council Minutes March 26, 2024
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Sean Joyce, Interim City Manager; Megan Garibaldi, City Attorney
Unrepresented Employee: Interim/Acting City Manager
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) with regard to one potential case.
CITY COUNCIL STUDY SESSION - 3:00 P.M. - 4:00 P.M.
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CITY COUNCIL STUDY SESSION RELATED TO SCOPE OF SERVICES FOR A
COMPREHENSIVE ZONING CODE UPDATE
Councilmember George Weiss arrived during the staff presentation.
Presentation and Discussion: Staff responded to comments and questions raised by members of the City Council.
Public Testimony: Penny Milne of Canyon Alliance of Neighborhoods Defense Organization (CANDO); Robbie McInerny of (WillBo); Nancy Csira; Morris Skenderian; Lance Polster, James Henry, and Monica Tuchscher commented on the project.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember Bob Whalen, and carried unanimously 5/0 to:
(1) Direct staff to proceed by issuing the Request for Proposals for the comprehensive Zoning Code update; and
2) Appoint Councilmembers Mark Orgill and Bob Whalen to a City Council ad hoc committee tasked with collaborating with staff and consultants on the comprehensive Zoning Code update effort.
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. Regarding item #3, she reported that the City Council voted unanimously to appoint Assistant City Manager/CFO Gavin Curran as Acting City Manager upon the departure of Interim City Manager Sean Joyce, and she stated that there was no reportable action on the other items on the Closed Session agenda.
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ADDITIONS and DELETIONS
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Interim City Manager Sean Joyce requested to remove Item #10 from the agenda to evaluate communications received late this afternoon, and advised that the item will be brought back at a later date.
PUBLIC COMMUNICATIONS
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Zac Cornwell, owner of Wigz Sandwich Shop, commented on the necessity of the comprehensive Zoning Code update.
Ed Kaufman and Adam Redding-Kaufman expressed concerns about the use of the Laguna Beach Police Department's shooting range, which neighbors the Kaufman residence.
Cherie and Christopher Raidy expressed concerns regarding an accessory dwelling unit (ADU) in the process of being constructed 3 feet from their house. Mr. Raidy advised that his law firm has an ADU task force dedicated to reaching agreements outside of litigation.
Tom Osborne announced Earth Day festivities at Rivian South Coast Theater April 22 Susana Cruciana again asserted that the quiet paddles have not mitigated the noise sufficiently from the pickleball courts at Lang Park.
Gene Felder, Top of the World Neighborhood Association, commented on the Southern California Edison unpermitted grading and pole replacement activities.
Michele Monda asked about Assembly Bill 2817, which is sponsored by the City of Laguna Beach, to give legislative authorization to relinquish a segment of Coast Highway to the City of Laguna Beach.
Edward Bayuk commented on a trespassing violation that did not get prosecuted.
Greg Viviani reiterated his assertion that the Aliso Beach sand berm should be breached.
Gary Kasick, Steve Brown, and Steve McIntosh, Sensible Laguna, commented on the community pool project.
MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS AND CITY MANAGER ****************************************************************************** Councilmembers George Weiss and Mark Orgill commented on the Doug Miller film that was shown at the Rivian South Coast Theater.
Councilmembers Mark Orgill and Bob Whalen thanked Interim City Manager Sean Joyce for his service to the City.
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Councilmember Bob Whalen requested that staff look into the ADU issue raised during public comment, and he explained that the Assembly Bill is simply an administrative step that authorizes the State to negotiate with the City, similar to what was done several years ago for Laguna Canyon Road.
Mayor Pro Tem Alex Rounaghi provided updates on State actions regarding ADUs, and reported that he and Mayor Sue Kempf met with County Supervisor Katrina Foley regarding funding for Laguna Beach capital projects. Mayor Pro Tem Rounaghi also reported on Laguna Beach High School's FLOW program.
Mayor Sue Kempf reported on the Laguna Beach Police Department's Awards and Recognition Banquet, and recognized Captain David Dereszynski's graduation from the FBI National Academy.
Mayor Kempf also announced a home electrification event at Rivian South Coast Theater on May 29, and plans to live stream the sold-out April 2 State of the City. She also reported that County Supervisor Foley is very supportive of the City's microgrid resiliency project.
CONSENT CALENDAR
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Moved by Councilmember Bob Whalen, seconded by Mayor Pro Tem Alex Rounaghi, and carried unanimously 5/0 to approve items 1-3 and 5-9.
WARRANT LISTING
Warrants: $1,695,706.72 03/01/2024
Payroll #18: $1,636,574.24 03/08/2024
Total $3.332,280.96
Approved the general warrants and payroll disbursements.
2. CITY TREASURER'S MONTHLY INVESTMENT REPORT FOR JANUARY 2024 Received and filed the Monthly Investment Report for January 2024.
ISSUANCE OF 10-DAY REPORT ON MEASURES TAKEN TO ALLEVIATE THE CONDITION WHICH LED TO THE ADOPTION OF URGENCY ORDINANCE NO. 1693 RELATED TO SENATE BILL 9
Adopted and issued the 10-Day Report regarding Urgency Ordinance No. 1693 in accordance with Government Code Section 65858(d).
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AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT FOR SMART
PARKING GUIDANCE SYSTEM
Discussion: Mayor Pro Tem Alex Rounaghi pulled the item to suggest that the contract be sent out for a Request for Proposal (RFP) prior to the next amendment, and he explained.
Staff commented on the request from Mayor Pro Tem Rounaghi, and responded to questions.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Authorize the City Manager to exercise the one-year extension of Agreement #19-39 with Frogparking, Inc., for the Smart Parking Guidance System, in the amount of $95,000; and
(2) Find this action exempt from the California Environmental Quality Act.
RESOLUTION AUTHORIZING APPLICATION TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR LOCAL TRANSPORTATION FUNDS (1) Adopted Resolution #24.018 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH CALIFORNIA, AUTHORIZING THE FILING OF
ALL APPLICATIONS WITH THE ORANGE COUNTY TRANSPORTATION
AUTHORITY FOR LOCAL TRANSPORTATION FUNDS," authorizing the City Manager to file an application and claim with the Orange County Transportation Authority for $1,532,505.04 from the Local Transportation Fund, and to file amendments as necessary due to budget adjustments or any changes in the City's apportionment of Local Transportation Funds; and
(2) Found said action exempt from the California Environmental Quality Act.
RESOLUTION OF THE CITY OF LAGUNA BEACH TO SET A PUBLIC HEARING
DATE FOR THE ANNUAL WEED ABATEMENT PROGRAM
Interim City Manager Sean Joyce clarified clerical errors with dates in the agenda report.
Adopted Resolution #24.019 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, DECLARING AND DETERMINING
THAT WEEDS, RUBBISH, AND REFUSE UPON THE STREETS, SIDEWALKS,
PARKWAYS AND PRIVATE PROPERTY IN THE CITY OF LAGUNA BEACH ARE A
PUBLIC NUISANCE AND DIRECTING THE CITY CLERK TO MAIL NOTICES TO
DESTROY AND REMOVE SAID WEEDS, RUBBISH AND REFUSE, AS REQUIRED BY LAW, AND FIXING THE TIME FOR HEARING OBJECTIONS AND PROTESTS" which will set a hearing date of May 14, 2024, for the annual Weed Abatement Program. -5-
Laguna Beach City Council Minutes March 26, 2024
7. RESOLUTION TO SET A PUBLIC HEARING DATE FOR THE ANNUAL SIDEWALK
AND INTERSECTION VISIBILITY NUISANCE ABATEMENT PROGRAMS Adopted Resolution #24.020 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, DECLARING AND DETERMINING
THAT VEGETATION OR WEEDS UPON THE STREETS, SIDEWALKS, PARK WAYS
AND PRIVATE PROPERTY IN THE CITY OF LAGUNA BEACH ARE A PUBLIC
NUISANCE, AND DIRECTING THE CITY CLERK TO MAIL NOTICES TO DESTROY
AND REMOVE SAID VEGETATION OR WEEDS AS REQUIRED BY LAW, AND FIXING THE TIME FOR HEARING OBJECTIONS AND PROTESTS," which will set a public hearing date of May 14, 2024, for the Annual Sidewalk and Intersection Visibility Nuisance Abatement Programs.
8. AWARD OF CONTRACT FOR CELLULAR BOOSTER SYSTEM
(1) Authorized the City Manager to execute an agreement with SHI to purchase and install a Wilson Pro cellular booster system for the Laguna Beach Community and Recreation Center at a cost not to exceed $110,000; and
(2) Found said action exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines section 15303.
RESOLUTION AMENDING THE APPENDIX OF DESIGNATED EMPLOYEES WITH
FILING RESPONSIBILITIES UNDER THE CITY'S CONFLICT OF INTEREST CODE Adopted Resolution #24.021 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE APPENDIX OF DESIGNATED EMPLOYEES," amending the Conflict of Interest Code Appendix of Designated Employees.
10. LOCAL HISTORIC STATUS OF 337 HAWTHORNE ROAD
This item was removed from the agenda.
REGULAR BUSINESS
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11. CONTINUANCE OF COMMERCIAL DISTRICT PROPERTY MAINTENANCE
PROGRAM
Moved by Councilmember Bob Whalen, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to continue the Commercial District Beautification/Property Maintenance Ordinance to a future City Council meeting. -6-
Laguna Beach City Council Minutes March 26, 2024
12. SOLAR PANEL ASSESSMENT (MICROGRID RESILIENCY). ELECTRIC FLEET
CONVERSION, AND CLIMATE ACTION AND ADAPTATION PLAN UPDATE Presentation and Discussion: Staff and consultants reported on the solar panel assessment (mıcrogrid resiliency), electric fleet conversion and Climate Action and Adaptation Plan update, and responded to Councilmembers' questions and comments.
Public Testimony: Ginger Osborne, Tom Osborne, Steve Chatima, Matt Lawson, and Judie Mancuso voiced support for the item and offered suggestions.
Ann Marie McKay requested that the City Council consider including the Laguna Beach Animal Shelter property in the solar panel assessment.
Moved by Councilmember George Weiss, seconded by Mayor Pro Tem Alex Rounaghi, and carried unanimously 5/0 to:
(1) Proceed with implementing the microgrid resiliency system for the sites in the agenda report and battery storage system options for 24, 48, or 72-hour reservoir, and include the Playhouse and Festival of Arts properties and the Laguna Beach Animal Shelter property for the consultant to consider for feasibility; (2) Authorize the City Manager to execute Consultant Services Agreement #24-16 with ICF Incorporated, LLC, in the amount of $130,000, for the preparation of a Fleet Electrification and Electric Vehicle Charging Implementation Plan; (3) Authorize the City Manager to approve a contingency amount not-to-exceed $20,000 for change orders or additional services that may be required for the agreement with ICF Incorporated, LLC;
(4) Appropriate $75,000 from available fund balance in the Capital Improvement Fund for the consultant service agreement with ICF Incorporated, LLC; (5) Appropriate $75,000 from available fund balance in the Capital Improvement Fund for the consultant service agreement with ICF Incorporated, LLC; (6) Receive and file the update on the status of the Climate Action and Adaptation Plan's development
(7) Authorize the expenditure of up to $75,000 to retain Optony as the "buyer's representative" to complete tasks 1 and 2.
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13. ARTIST WORK/LIVE AD HOC COMMITTEE PRESENTATION AND
RECOMMENDATIONS (ORGILL/ROUNAGHI)
Presentation and Discussion: Staff reported on artist work/live housing in Laguna Beach and listed recommendations from the ad hoc committee, and responded to Councilmembers' questions and comments. Councilmember Orgill and Mayor Pro Tem Rounaghi, ad hoc committee members, commented on the presentation and recommendations.
Public Testimony: Code Engle commented on the Land and Housing Trusts, and he urged the Councilmembers to support the report.
Ann Christoph voiced her concerns about having two Trusts. Staff clarified the differences between the two.
Penelope Milne commented and offered her suggestions.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to:
(1) Direct the City Manager's Office/Housing Program Coordinator to prepare and issue a R constant Poleasan fah reviet stal losing of Lagua Beach mommite and Trust with a focus on expertise on the specifics of establishing a land trust; (2) Direct staff to return to City Council with an Ordinance eliminating the discretionary hearing requirements for artist work/live occupancy;
(3) Sunset the Artist Work/Live Committee; and
(4) Direct staff to facilitate input from the arts community.
14. CONSIDERATION OF POSSIBLE ADJUSTMENT TO CAMPAIGN CONTRIBUTION
LIMITATIONS
Councilmembers Bob Whalen and George Weiss recused themself from the vote.
Presentation and Discussion: City Clerk Ann Marie McKay reported that she revised the recommendation and she explained.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to (1) determine that the contribution limit for the 2024 election cycle should be adjusted to $520 based on the Consumer Price Index for Los Angeles-Long Beach-Anaheim, and (2) direct the City Clerk to return to the City Council with an ordinance per the City Council direction.
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PUBLIC HEARINGS
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A. CONTINUANCE OF APPEAL HEARING 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 Moved by Mayor Sue Kempf, seconded by Councilmember Bob Whalen, and carried unanimously 5/0 to continue this item to May 14, 2024, to resolve a noticing concern. Public comment on this item will be limited to a discussion of the date of the continuance.
B. APPEAL OF APPROVAL OF DESIGN REVIEW 22-1027 FOR A 253 SQUARE FOOT
ADDITION TO AN EXISTING TWO-STORY DWELLING, HARDSCAPING, AND LANDSCAPING AND REVOCABLE ENCROACHMENT PERMIT 22-1782 FOR
CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS WITHIN THE PUBLIC RIGHT OF WAY AT 31616 SECOND AVENUE IN THE VILLAGE
COMMUNITY ZONE
Presentation and Discussion: Staff summarized the appeal of approval of Design Review 22-1027 for a 253-square foot addition to an existing two-story dwelling at 31616 Second Avenue, and responded to Councilmembers' questions and comments. Councilmember Bob Whalen suggested raising the height of a hedge to mitigate privacy concerns.
Public Testimony in Support of the Appeal: Ann Christoph, appellant, listed five issues of concern pertaining to the project and offered suggestions. John Conte, appellant, described his privacy and light concerns, and other issues regarding the proposed project.
Public Testimony in Opposition to the Appeal: Christine Ostermeyer and Lance Polster, architects for the project, commented on the parking and the revocable encroachment permit (REP). They noted that compromises had been undertaken by the homeowners.
Rebuttal: Ann Christoph, appellant, stated that the project was not in character with the neighborhood.
Moved by Councilmember Bob Whalen, seconded by Mayor Pro Tem Alex Rounaghi, and carried 4/1 (Councilmember George Weiss dissented) to adopt Resolution #24.022, titled I OF THE CITY COUNCI OF THE CITY OF LAGUA BEACH, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH,
CALIFORNIA, DENYING THE APPEAL AND SUSTAINING THE DESIGN REVIEW BOARD'S DECISION TO APPROVE DESIGN REVIEW 22-1027 FOR A 253 SQUARE
FOOT ADDITION TO AN EXISTING TWO-STORY DWELLING, ELEVATED DECKS,
HARDSCAPING, AND LANDSCAPING AND REVOCABLE ENCROACHMENT PERMIT 22-1782 FOR CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY AT 31616 SECOND AVENUE IN THE
VILLAGE COMMUNITY ZONE AND FINDING THE ACTION CATEGORICALLY
EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTION -9-
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15301", thereby denying the appeal, sustaining the Design Review Board's decision to approve the project, and finding action exempt from CEQA pursuant to State CEQA Guidelines section 15301, with the more restrictive condition on ensuring the height of the hedge planted on the back property line is at least up to one foot below the top of the neighbor Conti's window.
COUNCIL MEMBER ITEM(S)
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Mayor Sue Kempf requested that an item be added to a future City Council agenda to add an alternate position to the Design Review Board due to a Board member's planned medical absence and that Board member's desire to complete their term when they return from the absence. The City Council unanimously agreed to consider the matter; therefore, in accordance with Resolution #24.011, staff will prepare the appropriate agenda report for City Council consideration.
ADJOURNMENT
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There being no further business, Mayor Kempf at 9:00 p.m., Tuesday, March 26, 2024, adjourned to the Closed Session at 4:00 p.m., and Regular City Council Meeting at 5:00 p.m., Tuesday, April 9, 2024, at City Hall, 505 Forest Avenue, Laguna Beach California. ****************
Approved: April 23, 2024
Sue Kempf, Mayor
Ann Marie McKay, City Cler
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 REGULAR MEETING
OF THE CITY COUNCIL
OF THE CITY OF LAGUNA BEACH
March 26, 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 26, 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 9:00 p.m., Tuesday, March 26, 2024, adjourned to the Closed Session at 4:00 p.m. and Regular City Council Meeting at 5:00 p.m., Tuesday, April 9, 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 27' day of March 2024.
cuuK
NCORPORATE City Clerk of the City of Laguna Beach California YUNE 29,192 VIA
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 Regular Meeting of the City Council held on Tuesday, March 26, 2024, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on March 27, 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.
City Clerk of the City of Laguna Beach, California