Laguna Beach City Council Minutes April 23, 2024
MINUTES
LAGUNA BEACH CITY COUNCIL REGULAR MEETING
April 23, 2024
A Regular Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, April 23, 2024, in the City Hall, 505 Forest Avenue, Laguna Beach, California, Mayor Kempf presiding.
ROLL CALL
PRESENT: COUNCILMEMBERS: Orgill, Weiss, Whalen, Kempf
PARTICIPATING REMOTELY: COUNCILMEMBERS: Rounagh
ABSENT: COUNCILMEMBERS: None
Councilmember Mark Orgill led the Pledge of Allegiance.
JOINT CITY COUNCIL/ARTS COMMISSION MEETING - 3:30 P.M. - 4:30 P.M. ************************************************************************* CLOSED SESSION - 4:30 P.M. - 5:00 P.M.
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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: Shonna Marie Counter v. City of Laguna Beach, United States District Court, Central District of California, Case No. 8:24cv696
LIABILITY CLAIMS
Pursuant to Government Code section 54956.95
Claimant: South Coast Water District
Agency claimed against: City of Laguna Beach
CLOSED SESSION ANNOUNCEMENT(S)
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City Attorney Megan Garibaldi reported that all five Councilmembers were present and participated in the discussions (Mayor Pro Tem Alex Rounaghi participated remotely), and there was no public comment prior to the City Council convening into the Closed Session. She stated that there was no reportable action.
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Laguna Beach City Council Minutes April 23, 2024
PRESENTATIONS
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GROUNDSWELL PRESENTATION
Frank Marmolejo and Susan Reese, Groundswell (formerly OC Human Relations), provided an overview of the Groundswell mission and services.
PROCLAMATION DECLARING THE FIRST SATURDAY IN MAY AS LAGUNA
BEACH BEE DAY
Mayor Sue Kempf read the proclamation designating the first Saturday in May as Laguna Beach Bee Day. Jane Leary, Laguna Beach Garden Club, expressed appreciation and explained the importance of bees.
ADDITIONS and DELETIONS
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None.
PUBLIC COMMUNICATIONS
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Dale Ghere and Ann Christoph expressed concerns regarding the lack of clarity of the plans for the fence at Aliso Beach.
Thomas Fleming expressed his views regarding the City.
Chris Catsimanes commented on the recently released crime statistics. Michele Monda requested that the statistics be released sooner in the year so that they are included in the FBI and County reports, and that the City consider utilizing crime mapping software.
Clark Collins and Linda Morgenlander, Heritage Committee, announced upcoming events for May's Heritage Month.
Jeff Redeker invited the City Council and the public to the upcoming annual Grapes for Grads scholarship fundraiser event.
Jacob Cherub, Ann Christoph, John Thomas, and Michele Monda encouraged the City to figure out a way to enable virtual participation by the public again.
City Treasurer Laura Parisi commented on the City Council's recent decision to outsource the City's investments.
Judie Mancuso commented on workers spraying Roundup on property owned by the School District and encouraged the City to ask the District to follow the City's example of ceasing its use.
Ann Christoph encouraged the City to investigate purchasing the vacant lots at Catalina in South -2-
Laguna Beach City Council Minutes April 23, 2024
Laguna, as an option for a dog park. She also announced this year's Charm House Tour.
Steve McIntosh, Sensible Laguna, commented on the community pool project.
Michele Monda thanked the City for the weed abatement done by her property.
Edward Bayuk requested to meet with two Laguna Beach Police Officers who responded to a 2011 trespassing incident related to Bayuk's property at that time.
Michael Ray reported FPPC (Fair Political Practices Commission) findings regarding campaign finance violations by Village Laguna that resulted in fines. Anne Caenn, Village Laguna, declined to respond.
Les Miklosy commented on the Rivian Earth Day events.
Pat Gallis reiteration the connections between the Laguna Beach Preservation Coalition and Village Laguna, and the City's success in the lawsuit related to the Kirby project.
MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS AND CITY MANAGER ****************************************************************************** City Engineer Mark Trestik explained the fencing project at Aliso Beach, advising that the Planning Commission approved the Caltrans plans but with the City's standard railing. Trestik advised that the City is working with Caltrans to reduce the required height of the wall. Trestik also explained that because there was not enough rock for the project through the South Coast Water District's tunnel project, they had to opt to use the Caltrans stamped concrete; however, the City can cover the concrete later, and add plantings.
Councilmember George Weiss, Councilmember Mark Orgill, and Councilmember Bob Whalen commented on the Earth Day events at Rivian.
Councilmember George Weiss agreed with the suggestion to use crime mapping, and reiterated his questions related to use of the approved funding for BB&K, and the City's sponsorship of the Assembly Bill for Caltrans to be able discuss relinquishment of Coast Highway with the City.
Councilmember Mark Orgill commented on Heritage Month, and requested that BB&K provide the City Council with an update.
Mayor Sue Kempf congratulated the Police Department on the results of the crime statistics. She also commented on the Top of the World Elementary students field trip to City Hall, and the Laguna Beach Library's Earth Day celebration. Mayor Kempf advised that the library personnel requested motion sensor cameras due to undesirable activities on library grounds. She also commented on the recent release of two MacGillivray films.
Kai Bond announced the acquisition of a new Wave Watch rescue vessel, and reactivation of the program after it being dormant for over 30 years.
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Laguna Beach City Council Minutes April 23, 2024
Acting City Manager Gavin Curran recommended that the City Council receive an overview of the legal fees at the May 14 budget workshop.
City Attorney Megan Garibaldi responded to Councilmember George Weiss that direction was provided by the City Council during its Strategic Planning Workshop to begin the initial process for discussions to be able to occur with Caltrans regarding Coast Highway; therefore, initial steps have been taken; however, it will be a City Council policy decision later on any definitive action.
CONSENT CALENDAR
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Moved by Councilmember Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to approve items 1-6.
3. MINUTES OF THE CITY COUNCIL MEETINGS
Approved the minutes of the Regular Meetings of the City Council of March 12 and 26, 2024, and April 9, 2024.
WARRANT LISTING
Warrants: $2,831,327.66 03/29/2024
Payroll #20: $1,636,061.51 04/05/2024
Total $4.467,389.17
Approved the general warrants and payroll disbursements.
CLAIMS AGAINST THE CITY
(1) Rejected claim #24-12 filed by the Lurie Family, LLC; and (2) Rejected claim #24-15 filed by Sean Minney.
6. PARKING, TRAFFIC, AND CIRCULATION COMMITTEE RECOMMENDATIONS (1) Approved the Parking, Traffic, and Circulation Committee's recommendation to install parking restrictions on the 5th Avenue access road by adopting Resolution #24.030 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
BEACH, CALIFORNIA, ESTABLISHING PARKING RESTRICTIONS ON FIFTH AVENUE";
(2) Approved the Parking, Traffic, and Circulation Committee's recommendation to demarcate parking spaces on Cress Street by adopting Resolution #24.031 titled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH,
CALIFORNIA, ESTABLISHING DEMARCATED PARKING SPACES ON CRESS STREET"; and
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Laguna Beach City Council Minutes April 23, 2024
(3) Approved the Parking, Traffic, and Circulation Committee's recommendation to install parking restrictions on Crescent Bay Drive and Circle Way by adopting Resolution #24.032 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA BEACH, CALIFORNIA, ESTABLISHING PARKING RESTRICTIONS CRESCENT BAY DRIVE AND CIRCLE WAY".
LOCAL HISTORIC STATUS OF 337 HAWTHORNE ROAD
Public Testimony: Toni Iseman, Gene Felder, and Jacob Cherub opposed the removal of the property from the City's Historic Register. Property Owner Michael Ray and Pat Gallis supported the removal.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember Bob Whalen, and carried 4/1 (Councilmember George Weiss dissented) to direct staff to remove 337 Hawthorne Road from the City's Historic Register.
REGULAR BUSINESS
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OPTIONS FOR FOURTH OF JULY CELEBRATION
Presentation and Discussion: Staff summarized the report and responded to Councilmembers' questions and comments.
Public Testimony: Judie Mancuso, Gene Felder, Michel Monda, and Jacob Cherub supported trying the drone option.
Moved by Councilmember Bob Whalen, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to proceed with a drone light show for the Fourth of July celebrations for a one-year trial by:
(1) Authorizing the City Manager to execute service agreement #24-22 with Open Sky Drone Light Shows or Skyworx Drone Shows for $75,000 to provide a drone light show; (2) Appropriating $17,500 from the General Fund for the service deposit; (3) Directing staff to include the remaining balance of $35,000 in the Fiscal Year 2024-25 Budget;
(4) Directing staff to place an item on the Consent Calendar for an upcoming City Council meeting finding the action exempt from CEQA pursuant to State CEQA Guidelines section 15304; and
(5) Directing staff to return to the City Council earlier in the next Fiscal Year with recommendations for next year's celebrations and corresponding budget. -5-
Laguna Beach City Council Minutes April 23, 2024
PROMENADE AD HOC COMMITTEE WORK PLAN
Presentation and Discussion: The Ad Hoc Committee, Mayor Sue Kempf and Councilmember Mark Orgill, introduced the item and staff summarized the report. The Ad Hoc Committee members and staff responded to Councilmembers' questions and comments.
Public Testimony: Gene Felder, Michele Monda, Anne Caenn, Johanna Felder, Charmaine, Alice Browne, John Thomas, Judie Mancuso, Toni Iseman, Anne Krizman, Jacob Cherub Violet Sarhad, Ann Christoph, and Jerome Pudwill opposed the recommended action.
Les Miklosky, Mark Christy, Carrie Reynolds, Bill Hoffman, Greg MacGillvry, Donna Ballard, Michael Ray, Michael Hoag, Tsu Tung, and David Rubel supported the project moving forward.
Moved by Councilmember Bob Whalen, seconded by Mayor Pro Tem Alex Rounaghi, and carried 4/1 (Councilmember George Weiss dissented) to:
(1) Approve the City Council Ad Hoc Committee's project work plan for the Promenade on Forest as amended, deferring the economic analysis, directing staff to return to the City Council after the design goals are established, and the Ad Hoc Committee to select seven community members, using an application process, to form a focus group; (2) Reaffirm the Promenade on Forest project description as a pedestrian plaza; and (3) In lieu of holding a design competition, utilize SWA as the project's design firm via an existing on-call services contract for a not-to-exceed amount of $30,000.
Mayor Pro Tem Alex Rounaghi ended his participation in the meeting immediately after Agenda Item #9, prior to Item #10.
10. 2024 SUMMER PARKING MANAGEMENT PLAN AND TRANSIT SERVICES UPDATE
Presentation and Discussion: Staff summarized the report and responded to Councilmembers' questions and comments.
Public Testimony: Judie Mancuso, John Thomas, and Nellie Stone commented on the item.
Moved by Councilmember Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 4/0 to:
(1) Receive and file an update on the summer 2023 Parking Management Plan and transit service performance;
(2) Authorize the operation of summer trolley service on the Coastal, Canyon and Summer Breeze routes, and expanded Laguna Local on-demand service hours, between June 28, -6-
Laguna Beach City Council Minutes April 23, 2024
2024, and September 2, 2024;
(3) Authorize the City Manager to negotiate and execute, or extend lease agreements for seasonal public parking lots with Mission Hospital Laguna Beach, Laguna College of Art and Design, the property owner at 232 Ocean Avenue, the property owner at 16355 Laguna Canyon Road and the property owner at 303 Legion Street; (4) Authorize the City Manager to negotiate and execute agreement #24-23 with the Festival of Arts for the lease of 30 parking spaces in Lot 13 and 65 spaces in Lot 12, for a total of 95 spaces, and approve the one-time purchase of parking spaces for special events in Lot 10 in July and August 2024;
(5) Authorize the conversion of the Laguna Beach Library parking lot into Public Parking Lot 23 that will be used for paid public parking during non-operating library hours year- round;
(6) Authorize the City Manager to enter into agreement #24-24 with the Friends of the Library of Laguna Beach, providing $9,000 annually for continued support of library programs;
(7) Authorize the sale of summer parking passes for festival artists, staff and the general public; and
(8) Authorize the continuation of the Passport to the Arts parking permit program, which provides discounted parking in Lot 16 (Act V).
11. CONSIDERATION OF NEXT STEPS FOR CITY-OWNED REAL PROPERTY LOCATED AT 31727 & 31735 COAST HIGHWAY (TI AMO)
Presentation and Discussion: Staff summarized the report and responded to Councilmembers' questions and comments.
Public Testimony: John Thomas commented on the item.
Moved by Councilmember Bob Whalen, seconded by Mayor Sue Kempt, and carried unanimously 4/0 to direct staff to proceed with the process to sell City-owned real property located at 31727 & 31735 Coast Highway, with an option to consider an exchange, and obtair estimates from three brokers.
12. CONTINUANCE OF AN APPLICATION TO REMOVE AND DE-LIST TWO TORREY PINE TREES LOCATED AT 465 HILLEDGE DRIVE AND 517 MYSTIC WAY FROM
THE CITY'S HERITAGE TREE LIST
Moved by Mayor Sue Kempf, seconded by Councilmember George Weiss, and carried nanimously 4/0 to open the public hearing and continue Heritage Tree 21-8424 at 46 Tilledoe Drive and 517 Mystic Way to the May 14. 2024. City Council meeting -7-
Laguna Beach City Council Minutes April 23, 2024
13. CONTINUANCE OF AN ORDINANCE AMENDING PORTIONS OF THE LAGUNA
BEACH MUNICPAL CODE AND AMENDMENTS TO THE LOCAL COASTAL
PROGRAM AND GENERAL PLAN, RELATING TO COMPLIANCE WITH STATE
HOUSING LAWS AND IMPLEMENTATION OF THE CITY'S HOUSING ELEMENT Public Testimony: Joe Hanauer requested a commitment that the item will be heard on May 28, 2024, and not continued again.
Moved by Mayor Sue Kempf, seconded by Councilmember Bob Whalen, and carried unanimously 4/0 to open the public hearing and continue Zoning Ordinance Amendment 23- 1250, Local Coastal Program Amendment 23-1251, and General Plan Amendment 23-1350 to the May 28, 2024, City Council meeting.
COUNCIL MEMBER ITEMS)
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None.
ADJOURNMENT
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There being no further business, Mayor Kempf at 10:42 p.m., Tuesday, April 23, 2024, adjourned to the City Council Budget Workshop at 2:00 p.m., Closed Session at 4:00 p.m., and Regular City Council Meeting at 5:00 p.m., Tuesday, May 14, 2024, at City Hall, 505 Forest Avenue, Laguna Beach California.
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Approved: May 14, 2024
Salle
1 Sue Kempf, Mayor
CUUR
Ann Marie McKay, City Clek
Ninte: All components of minutes shall be for the primary purpose of memorializing decisions maide 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
April 23, 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, April 23, 2024, in the City Council Chambers, 505 Forest Avenue, Laguna Beach, California.
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PRESENT COUNCILMEMBERS: Orgill, Weiss, Whalen, Kempf
PARTICIPATING REMOTELY: Rounaghi
ABSENT: COUNCILMEMBERS: None
ADJOURNMENT
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There being no further business, Mayor Kempf at 10:42 p.m., Tuesday, April 23, 2024, adjourned to the City Council Budget Workshop at 2:00 p.m., the Closed Session at 4:00 p.m., and City Council Regular Meeting at 5:00 p.m., Tuesday, May 14, 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 24" day of April 2024.
INCORPORATEO
City Clerk of the City of Laguna Beach California
JUNE 29. 192
ANGE COUNTY CAL
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 Regular Meeting of the City Council held on Tuesday, April 23, 2024, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HE conDicusatan an or 2a2024 a the the place at pich said me of the Notice wa one was held
Cullka