Laguna Beach City Council Minutes May 28, 2024
MINUTES
LAGUNA BEACH CITY COUNCIL REGULAR MEETING
May 28, 2024
A Regular Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, May 28, 2024, in the City Hall, 505 Forest Avenue, Laguna Beach, California, Mayor Kempf presiding.
ROLL CALL
PRESENT: COUNCILMEMBERS: Orgill, Whalen, Rounaghi, Kempf PARTICIPATING REMOTELY: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Weiss
Mayor Sue Kempf led the Pledge of Allegiance.
CLOSED SESSION - 4:00 P.M. - 5:00 P.M.
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CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code section 54957.6
Agency-designated representative: Dave Kiff, City Manager Employee Organizations:
(1) Police and Fire Management Association
(2) Laguna Beach Firefighters Association
CONFERENCE INVOLVING A JOINT POWERS AGENCY (SOUTH ORANGE COUNTY WASTEWATER AUTHORITY (SOCWA) - PROJECT COMMITTEE 17)
Pursuant to Government Code section 54956.96
Discussion will concern: Significant exposure to litigation pursuant to Gov. Code 54956.9(d)(2) & (E) (2) - one (1) potential matter. A letter was sent to SOCWA, dated June 14, 2021, on behalf of the BKK Working Group in dispute over liability from a cleanup of a landfill in West Covina.
A copy of the letter is on file with SOCWA.
Local Agency Representative on SOCWA BOARD/Project Committee 17: Councilmember Bob Whalen
CLOSED SESSION ANNOUNCEMENTS)
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City Attorney Megan Garibaldi reported that four Councilmembers were present and participated in the discussions (Councilmember Weiss was absent), and there was no public comment prior to the City Council convening into the Closed Session. She stated that there was no reportable action on Item #1. Due to a conflict of interest with the City Attorney's Office, BBK, Councilmember Bob Whalen reported on Item #2, advising that the City Council unanimously approved 4/0 to authorize a settlement payment of $49,009.22 to SOCWA.
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ADDITIONS and DELETIONS
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Moved by Councilmember Bob Whalen, seconded by Councilmember Mark Orgill, and carried unanimously 4/0 to continue Agenda Item #12 to the June 11, 2024, City Council meeting.
Moved by Councilmember Bob Whalen, seconded by Mayor Pro Tem Alex Rounaghi, and carried unanimously 4/0 to continue the appeal hearing for Appeal A to the June 11, 2024, City Council meeting.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS
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James Burnes provided his arguments against City staff's determinations regarding approvals of Accessory Dwelling Units (ADUs).
Ann Belyea, Laguna Food Pantry, reported on the Pantry's impact. She also commented as a resident regarding a project on Morningside Drive.
Thomas Fleming implored the City Council to protect life on Coast Highway and Laguna Canyon Road.
Anne Caenn and Jacob Cherub provided recommendations for the City to consider to reinstitute virtual participation for the public.
City Treasurer Laura Parisi reasoned that the agreement with Meeder should be modified to be managed by the City Treasurer, under the City Treasurer's investment authority provided by Resolution 23.077, and related duties described in the Laguna Beach Municipal Code and the Government Code. Jacob Cherub supported the City Treasurer.
Erin Slattery, Chamber of Commerce, reported on upcoming Chamber events.
MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS AND CITY MANAGER ********************************************************************** City Manager Dave Kiff advised that a traffic alert was sent out, advising that an accident in the canyon that resulted in downed power lines has caused the canyon to be closed.
Councilmember Mark Orgill and Mayor Sue Kempf congratulated Marine Safety on the christening of the new rescue vessel. Councilmember Orgill also commented on the annual pancake breakfast.
Councilmembers Orgill and Whalen and Mayor Pro Tem Alex Rounaghi commented on the Memorial Day ceremony with this year's speaker, Gold Star Mother Carla Hogan.
Councilmember Bob Whalen requested that the City Council receive a briefing on ADUs (Accessory Dwelling Units) being processed in the City.
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Mayor Pro Tem Alex Rounaghi reported that during the point-in-time count overview meeting he attended, it was noted that Laguna Beach is the only City in the district with an Alternative Sleeping Location, and he encouraged other cities to take action to help address the homeless situation.
Regarding virtual public participation, City Attorney Megan Garibaldi explained Senate Bill 1100, which codified existing standards to enable legislative bodies to remove those that disrupt meetings; however, the content of speech alone cannot be regulated. City Attorney Garibaldi also clarified that speakers in public meetings must be allowed to remain anonymous.
CONSENT CALENDAR
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Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember Mark Orgill, and carried unanimously 4/0 to approve items 1-3, 5, 6, 8, and 10.
1. MINUTES OF THE CITY COUNCIL MEETINGS
May 14, t24 minutes of the Budget Workshop and Regular Mecting of the Cily Council of
2. WARRANT LISTING
Warrants: $3,303,324.79 05/10/2024
Payroll #20: $1,701,904.30 05/03/2024
Total $5.005.229.09
Approved the general warrants and payroll disbursements.
CITY TREASURER'S MONTHLY INVESTMENT REPORT FOR MARCH 2024 Received and filed the Monthly Investment Report for March 2024.
AWARD SERVICE PROVIDER AGREEMENT FOR PARKING METER OPERATIONS
AND TRANSACTION PROCESSING AND FIND ACTION EXEMPT FROM
CALIFORNIA ENVIRONMENTAL QUALITY ACT
This item was pulled from the Consent Calendar by Mayor Sue Kempf to ask staff about options to reduce the costs.
Discussion: Staff responded to Councilmembers' questions and comments.
Moved by Councilmember Bob Whalen, seconded by Councilmember Bob Whalen, and carried unanimously 4/0 to:
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(1) Authorize the City Manager to enter into five-year service provider agreement #24-35 with IPS Group, Inc. for a not-to-exceed amount of $1,490,000 for parking meter operations and transaction processing, with the option to extend for an additional one- year period; and
(2) Find this action exempt from the California Environmental Quality Act.
APPROVAL OF 7-YEAR CAPITAL IMPROVEMENT PROGRAM FOR
TRANSPORTATION-RELATED EXPENDITURES AND RESOLUTION
CONFIRMING PAVEMENT MANAGEMENT PLAN FOR MEASURE M FUNDING
ELIGIBILITY
(1) Approved the 7-Year Capital Improvement Program for transportation and transit improvement projects required for Measure M eligibility; and (2) Adopted Resolution #24.035 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, CONCERNING THE STATUS
AND UPDATE OF THE PAVEMENT MANAGEMENT PLAN FOR THE MEASURE M2 PROGRAM FOR THE CITY OF LAGUNA BEACH."
6. RESOLUTION APPROVING SENATE BILL 1 ROAD MAINTENANCE, STREET
MAINTENANCE, REHABILITATION, AND SAFETY PROJECTS FOR FISCAL YEAR 2024-25
Adopted Resolution #24.036 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017."
ADOPTION OF ORDINANCE AMENDING SECTION 18.04.065 OF CHAPTER 18.04 OF TITLE 18 AND SECTION 15.01 OF TITLE 15 OF THE LAGUNA BEACH
MUNICIPAL CODE, RELATING TO USE OF FIRES
This item was pulled from the Consent Calendar by resident Gene Felder.
Public Testimony: Gene Felder requested that a warning not be required before someone is cited for violations. Jacob Cherub suggested adding more signage to the area to prevent fires in the high fire hazard areas.
Discussion: City Attorney Megan Garibaldi clarified the proposed language in the ordinance, which eliminates the current language regarding warnings.
Moved by Councilmember Bob Whalen, seconded by Councilmember Mark Orgill, and carried unanimously 4/0 to:
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(1) Waive second reading and adopt by title only Ordinance #1699 titled, "AN
ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING SECTION 18.04.065 OF CHAPTER 18.04 OF TITLE 18 AND SECTION 15.01.030 OF CHAPTER 15.01 OF TITLE 15 OF THE LAGUNA BEACH MUNICIPAL CODE, RELATING TO USE OF FIRES; AND DETERMINING THE PROJECT TO BE
CATEGORICALLYT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15301, 15302, 15303, AND 15304," with clerical corrections provided by Councilmember Bob Whalen; and
(2) Adopt Resolution #24.037 titled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, ESTABLISHING THE LOCATION
AND NUMBER OF CITY-DESIGNATED FIRE PITS, IN ACCORDANCE WITH ORDINANCE NO. 1699, AND FINDING SUCH ACTION CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT."
8. ADOPTION OF ORDINANCE UPDATING THE CITY'S CAMPAIGN CONTRIBUTION
REGULATIONS
Waived second reading and adopted by title only Ordinance #1698 titled, "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING CHAPTER 1.14 OF TITLE 1 (GENERAL PROVISIONS)
OF THE LAGUNA BEACH MUNICIPAL CODE TO UPDATE THE CITY'S CAMPAIGN CONTRIBUTION REGULATIONS," with clerical corrections provided by Councilmember Bob Whalen.
9. AWARD OF THREE CONSTRUCTION CONTRACTS FOR THE PARK AVENUE UTILITY UNDERGROUND DISTRICT (UUD 2021-02) - PRIVATE CONVERSIONS
PROJECT, AND AUTHORIZE THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH FRONTIER COMMUNICATIONS FOR UTILITY
CONSTRUCTION SERVICES AND TO PAY FRONTIER PROJECT COSTS This item was pulled from the Consent Calendar by resident Gene Felder.
Public Testimony: Gene Felder asked when the project would be expected to be completed.
Discussion: Staff explained the expected timeline for the project.
Moved by Mayor Sue Kempf, seconded by Councilmember Bob Whalen, and carried unanimously 4/0 to:
(1) Award and authorize the City Manager to execute contract #24-36 with Bid Balboa Electric, in the amount of $80,025 for certain segments of the Park Avenue Utility Underground District (UUD 2021-02) - Private Conversions Project; (2) Award and authorize the City Manager to execute contract #24-37 with Contorelli Development, in the amount of $114,510 for certain segments of the Park Avenue Utility Underground District (UUD 2021-02) - Private Conversions Project; -5-
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(3) Award and authorize the City Manager to execute contract #24-38 with JPT Construction, Inc., in the amount of $94,210 for certain segments of the Park Avenue Utility Underground District (UUD 2021-02) - Private Conversions Project; (4) Authorize the City Manager to approve project-related expenses and potential construction change orders for unforeseen circumstances in an amount not to exceed $45,000 for the Park Avenue Utility Underground District (UUD 2021-02) - Private Conversions Project; and
(5) Authorize the City Manager to enter into agreement #24-39 and make a payment to Frontier Communications for their construction services in a total amount of $105,830.
10. AWARD OF CONSTRUCTION CONTRACT FOR ZONE 3 COLLECTORS PAVEMENT
REHABILITATION (PARK AVENUE, GLENNEYRE STREET, AND THALIA
STREET)
(1) Authorized the City Manager to accept a $200,000 grant from the State Coronavirus Response and Relief Supplemental Appropriations Act Program funds; (2) Appropriated $200,000 from the Gas Tax Fund towards the project, acknowledging the grant with a corresponding increase in the estimated grant revenue; (3) Awarded and authorized the City Manager to execute contract #24-40 with R.J. Noble Company, in the amount of $1,775,981, for the Zone 3 Collectors Pavement Rehabilitation project subject to adoption of the budget for Fiscal Year 2024-2025; (4) Awarded and authorized the City Manager to issue a task order to Dudek, in the amount of $104,750, to provide construction management and inspection services; and (5) Authorized the City Manager to approve project-related expenses and construction change orders for unforeseen circumstances in an amount not to exceed $180,000.
11. RATIFICATION OF AGREEMENT FOR FOURTH OF JULY DRONE LIGHT SHOW
AND FINDING THE ACTION EXEMPT FROM CALIFORNIA ENVIRONMENTAL
QUALITY ACT
This item was pulled from the Consent Calendar by Mayor Pro Tem Alex Rounaghi to poll the City Council to determine if the majority would like to reconsider the previous decision based on public feedback, to investigate the possibility of doing both the drone show and fireworks.
Public Testimony: Jacob Cherub commented that the Fourth of July drone light show was spending too much of taxpayers' money and he did not support the item.
Discussion: Staff responded to Councilmembers' questions and comments.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Mayor Sue Kempf, and carried unanimously 4/0 to:
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(1) Find the action exempt from California Environmental Quality Act pursuant to State CEQA Guidelines Section 15304; and
(2) Ratify service agreement #24-22 with Open Sky Drone Light Shows for the purpose of filing a Notice of Exemption with the County Recorder's Office and State Clearinghouse.
REGULAR BUSINESS
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12. REQUEST TO REMOVE A PROPERTY FROM THE HISTORIC REGISTER AT 2055
CATALINA STREET
Under "Additions and Deletions" at the beginning of the meeting, this item was continued to the June 11, 2024, City Council meeting.
13. AMENDMENTS TO HOUSING ELEMENT OF GENERAL PLAN, LAND USE ELEMENT OF GENERAL PLAN AND LOCAL COASTAL PROGRAM, TITLE 1 (GENERAL PROVISIONS) OF MUNICIPAL CODE, AND TITLE 25 (ZONING) OF MUNICIPAL CODE AND LOCAL COASTAL PROGRAM; AND DETERMINING
THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166
Presentation and Discussion: Staff gave a presentation showing proposed revisions, and responded to Councilmembers' questions and comments pertaining to the amendments to the Housing Element of the General Plan, Land Use Element of the General Plan, and the Local Coastal Program. Staff incorporated revisions in the language as requested by the City Council.
Public Testimony: Ketta Brown, Joe Hanauer, Cody Engle, and Barbara McMurray generally spoke in support and provided additional comments.
Moved by Councilmember Bob Whalen, seconded by Mayor Pro Tem Alex Rounaghi, and carried unanimously 4/0 to:
(1) Adopt Resolution #24.037 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT 23-1350 TO AMEND THE SIXTH CYCLE (2021-2019) HOUSING ELEMENT OF THE CITY'S GENERAL PLAN; AND DETERMINING THAT NO
FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166" with revisions as presented by staff and revised at the hearing;
(2) Adopt Resolution #24.038 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT 23-1350 AND LOCAL COASTAL PROGRAM AMENDMENT 23- 1251 TO AMEND THE LAND USE ELEMENT; REQUESTING SUCH LOCAL
COASTAL PROGRAM AMENDMENT CERTIFICATION BY THE COASTAL
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COMMISSION; AND DETERMINING THAT NO FURTHER ENVIRONMENTAL
REVIEW IS REQUIRED PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166";
(3) Waive full reading and introduce for first reading by title only an Ordinance titled, "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING CHAPTER 1.09 (ART IN PUBLIC PLACES) OF THE
LAGUNA BEACH MUNICIPAL CODE AND DETERMINING THAT NO FURTHER
ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO PUBLIC
RESOURCES CODE SECTION 21166;
(4) Waive full reading and introduce for first reading by title only an Ordinance titled, "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING CERTAIN PORTIONS OF TITLE 25 OF THE LAGUNA BEACH MUNICIPAL CODE AND THE CITY'S LOCAL COASTAL PROGRAM;
AND DETERMINING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166" with revisions as presented by staff and revised at the hearing; and (5) Direct staff not to draft an Interim Land Use Ordinance with findings to support the urgency, unless the California Coastal Commission does not schedule its hearing on the City's LCP amendment before early fall.
14. CITY COUNCIL OPTIONS FOR QUALIFIED REFERENDUM FOR LAGUNA BEACH ORDINANCE NO. 1675, RELATING TO BUILDING HEIGHT, MASS, BULK AND
PARKING WITHIN THE COMMERCIAL DISTRICTS
Councilmember Mark Orgill recused himself due to conflict of interest related to a source of income.
Discussion: City Attorney Megan Garibaldi responded to Councilmembers' questions and comments regarding options to address the qualified referendum for ordinance number 1675, relating to building height, mass, bulk and parking within the commercial district, and explained existing legal concerns with the ordinance as written.
Public Testimony: Jacob Cherub, Gene Felder, Michele Monda, and Christy Miller stated that they supported putting the item up for an electoral vote.
In accordance with Elections Code section 9241, moved by Councilmember Bob Whalen, seconded by Mayor Pro Tem Alex Rounaghi, and carried unanimously 3/0 to:
(1) Direct staff to return with an ordinance, and take all steps necessary, to repeal Ordinance No. 1675, an Ordinance of the City of Laguna Beach, California, amending Laguna Beach Municipal Code Sections 25.05.040, 25.05.025 and 25.51.010, relating to Building Height, Mass, Bulk and Parking within the Commercial Districts, and find that the repeal is exempt from CEQA pursuant to State CEQA Guidelines section 15270(a); and
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(2) Direct staff to include in the comprehensive Zoning Code update the provisions that address building height, mass, bulk, and parking within the commercial districts while complying with current State housing laws.
PUBLIC HEARINGS
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A. APPEAL OF APPROVAL OF DESIGN REVIEW 22-2022 AND COASTAL DEVELOPMENT PERMIT 22-2021 FOR A NEW SINGLE-FAMILY HOME LOCATED AT 32051 COAST HIGHWAY AND ADOPTION OF A MITIGATED NEGATIVE
DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Under "Additions and Deletions" at the beginning of the meeting, moved by Councilmember Bob Whalen, seconded by Mayor Pro Tem Alex Rounaghi, and carried unanimously 4/0 to continue the appeal hearing to a later date to allow staff time to address the contentions in appeal of the Design Review Board's approval of Design Review 22-2022 and Coastal Development Permit 22-2021 located at 32051 Coast Highway to June 11, 2024.
COUNCILMEMBER ITEM(S) - None
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ADJOURNMENT
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There being no further business, Mayor Kempf at 7:50 p.m., Tuesday, May 28, 2024, adjourned to the Interviews and Appointments at 3:00 p.m., Closed Session at 4:00 p.m., and Regular City Council Meeting at 5:00 p.m., Tuesday, June 11, 2024, at City Hall, 505 Forest Avenue, Laguna Beach California.
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Approved: June 11, 2024 Sullend
Sue Kempf, 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)
EXCERPT OF THE MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
OF THE CITY OF LAGUNA BEACH
May 28, 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, May 28, 2024, in the City Council Chambers, 505 Forest Avenue, Laguna Beach, California.
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PRESENT COUNCILMEMBERS: Orgill, Whalen, Rounaghi, Kempf PARTICIPATING REMOTELY: None
ABSENT: COUNCILMEMBERS: Weiss
ADJOURNMENT
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There being no further business, Mayor Kempf at 7:50 p.m., Tuesday, May 28, 2024, adjourned to the Interviews and Appointments at 3:00 p.m., the Closed Session at 4:00 p.m., and City Council Regular Meeting at 5:00 p.m., Tuesday, June 11, 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 29 day of May 2024.
oF
AGUNA BEACH sulk
MCORPORATEO
City Clerk of the City of Laguna Beach California
JUNE 29. 1921
ANGE COUNT CALIFO
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, May 28, 2024, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on May 29, 2024, at the hour of 12:15 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.
City Clerk of the City of Laguna Beach, California