Laguna Beach City Council Minutes August 13, 2024
MINUTES
LAGUNA BEACH CITY COUNCIL REGULAR MEETING
August 13, 2024
A Regular Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, August 13, 2024, in the City Hall, 505 Forest Avenue, Laguna Beach, California, Mayor Kempf presiding.
ROLL CALL
PRESENT: COUNCILMEMBERS: Orgill, Weiss, Whalen, Rounaghi, Kempf PARTICIPATING REMOTELY: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Mayor Sue Kempf led the Pledge of Allegiance.
CLOSED SESSION
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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) Laguna Beach Fire Management Association
(2) Laguna Beach Firefighters Association
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)(2)
Title: City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: 891 Acapulco Street
Agency negotiator: Gavin Curran, Assistant City Manager Negotiating parties: Tom Christopher
Under negotiation: Price and terms of payment
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1))
Number of Cases: One (1)
Workers' Compensation Claim No. 22-167502, Claimant: Matthew Rolfe
CLOSED SESSION ANNOUNCEMENTS)
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City Attorney Megan Garibaldi reported that all 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. Regarding the real property item, Garibaldi reported that the City is under contract for a purchase price of $1,987,000. - 1-
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PRESENTATION
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1. PROCLAMATION RECOGNIZING THE LIFETIME ACHIEVEMENTS OF ELISABETH BROWN
Approved the Proclamation recognizing the lifetime achievements of Elisabeth Brown.
ADDITIONS and DELETIONS
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City Manager Dave Kiff advised that the Gainsborough property is being removed from Consent Item #8 for a de minimis waiver.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS
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Pat Gallis reiterated that Village Laguna in not a 501(c)(3), but rather a Political Action Committee, and was fined by the Fair Political Practices Commission (FPPC) for six violations.
Thomas Fleming proclaimed his love for Laguna Beach and commented on the tired appearance of others.
Mary Locatelli expressed concerns regarding the City's purchasing procedures.
Tim Black commented on the reported Marine Safety statistics over the 4'h of July weekend.
Gene Felder expressed indignation regarding Pat Gallis' comments about Village Laguna.
Debra Gilbert expressed concerns about parking violations in South Laguna and expressed her support for paid parking in South Laguna.
Robert Reed suggested that the City use foot patrol to address traffic issues downtown.
Greg Viviani and Sharon Stelma commented on the trash left on beaches.
Kurt Marquez expressed concerns related to the construction of an Accessory Dwelling Unit (ADU) on a neighboring property. Paul McManus also expressed concerns about ADUs Ann Christoph and Michele Monda reiterated their support for the City to pursue purchase of the South Laguna lots on Catalina.
Michele Monda questioned if the City is working on a plan on how to enable virtual public participation again.
Michele Monda, Cindy Berg, and Aaron Peluso commented on the visitor impact issue, - 2-
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Paul McManus commented on parking for daytrippers and stated that Hotel Laguna is storing items on the beach.
Paul McManus and Bruce Duiyer commented on the Neighborhood Congregational Church affordable housing project.
MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS AND CITY MANAGER ****************************************************************************** City Clerk Ann Marie McKay reported that the nomination filing period for candidates for the November Laguna Beach Municipal General Election closed on Friday, and four candidates qualified to run for City Council, incumbents George Weiss and Bob Whalen, and Hallie Jones and Judie Mancuso. Also, the incumbent City Clerk, Ann Marie McKay, and incumbent City Treasurer, Laura Parisi, are running for reelection unopposed. The City Council candidates' statements are available to view on lagunabeachcity.net/elections.
Councilmember George Weiss agreed that the City should pursue purchase of the South Laguna Catalina lots. Councilmember Weiss reported that he attended Diane Dixon's July 30 town hall on insurance and thanked the Mayor for scheduling a town hall in Laguna on the 27h. He also congratulated the Laguna Beach skateboarder on winning a medal in the Olympics.
Councilmember Mark Orgill also congratulated the Olympics athletes and commented on the skateboarding movie shown at the Rivian theater. Councilmember Orgill reported on attending the State of the County and summarized various communications he had with members of the public.
He also reported on the first meeting with the Promenade citizens group, and he thanked Assistant City Manager Jeremy Frimond for a presentation he provided on the Community Land Trust.
Mayor Pro Tem Alex Rounaghi reported on National Night Out and encourage residents to use the Laguna Local on-demand transit service. He also assured that fixing issues with the Community Development Department is a high priority.
Mayor Sue Kempf reported on the recent loud vehicle noise task force exercises and encouraged the public to register for the upcoming Fire Insurance Town Hall meeting to be held on August 27. She also named the 12 community ambassadors for the promenade working group and commented on the media coverage regarding tourism impacts.
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 1-4, 6-12, 21, and 23-26.
MINUTES OF THE CITY COUNCIL MEETINGS
Approved the minutes of the Regular Meeting of the City Council of July 23, 2024. -3-
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WARRANT LISTING
Warrants: $ 593,017.22 07/11/2024
$4,450,644.46 07/19/2024
$5,043,661.68
Payroll #1: $2,416,721.55 07/12/2024
Payroll #2 $2,108,146.57 07/26/2024
$4,524,868.12
Total $9.568.529.80
Approved the general warrants and payroll disbursements.
4. CLAIMS AGAINST THE CITY
(1) Rejected Claim #24-04 filed by Cindy Flores, Alejandra Hurtado, Zachary Miller, Jason Aflague, and Mia Villegas;
(2) Rejected Claim #24-19 filed by Susana Cruciana;
(3) Rejected Claim #24-20 filed by Marichelle Maloney; and (4) Rejected Claim #24-29 filed by Alan Adam.
CITY TREASURER'S MONTHLY INVESTMENT REPORT FOR JUNE 2024 This item was pulled from the Consent Calendar by City Treasurer Laura Parisi to remark on an error in the spreadsheet, and she explained. Councilmember Bob Whalen suggested including available cash on hand to the two-year forecast.
Moved by Councilmember Bob Whalen, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to receive and file the Monthly Investment Report for June 2024, as revised by City Treasurer Laura Parisi. Councilmember Bob Whalen requested that cash on hand be added to the two-year forecast in future reports.
6. LAGUNA ART MUSEUM ART AND NATURE TEMPORARY INSTALLATION (1) Approved the temporary public art entitled "Ocean Ions" by artist Christian Sampson; (2) Found that this action is not a project subject to the California Environmental Quality Act under State CEQA Guidelines Section 15378.
7. AWARD OF CONSTRUCTION CONTRACT FOR SLEEPY HOLLOW LANE SEWER
MAIN REPLACEMENT
(1) Awarded and authorized the City Manager to execute contract #24-49 with Creative Home Corporation, in the amount of $581,505, for the Sleepy Hollow Lane Sewer Main Replacement; and
(2) Authorized the City Manager to approve project-related expenses and construction change orders for unforeseen circumstances in an amount not to exceed $60,000. -4-
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ART IN PUBLIC PLACES 1555 SOUTH COAST HIGHWAY (SURF AND SAND HOTEL)
(1) Approved the installation of a sculpture titled "Bombora" by Jorg Dubin to satisfy the Art in Public Places requirement for the renovation of the Surf and Sand Hotel located at 1555 South Coast Highway; and
(2) Found that this action is exempt under California Environmental Quality Act pursuant to State CEQA Guidelines Sections 15061(b)(3) and 15303.
REPORT OF DE MINIMIS WAIVERS FOR COASTAL DEVELOPMENT ISSUED Received and filed the report of de minimis waiver for coastal development that was issued:
for the accessory dwelling unit located at 31312 San Pedro Street.
10. AWARD OF TASK ORDER FOR FINAL DESIGN OF CLEO STREET BEACH ACCESS
IMPROVEMENTS
(1) Authorized the City Manager to award a Task Order to Stantec, in the amount of $147,424, for final design of Cleo Street Beach Access Improvements; and (2) Authorized the City Manager to approve change orders for additional design related services that may be required in an amount not-to-exceed $15,000.
11. ADOPTION OF ORDINANCE AMENDING THE LAGUNA BEACH MUNICIPAL
CODE RELATED TO MAINTENANCE OF PROPERTY AND NUISANCE
ABATEMENT AUTHORITY AND ADOPTION OF A RESOLUTION ESTABLISHING
THE COMMERCIAL DISTRICT BEAUTIFICATION/ PROPERTY MANAGEMENT
PROGRAM
Adopted Ordinance #1705 titled, "AN ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING SECTIONS 7.24.030 (MAINTENANCE OF PROPERTY) AND 7.24.050 (NUISANCE ABATEMENT AUTHORITY) OF THE
LAGUNA BEACH MUNICIPAL CODE TO FURTHER REGULATE PROPERTY
MAINTENANCE WITHIN THE CITY AND DETERMINING THE ORDINANCE TO BE
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CEQA GUIDELINES SECTION 15301."
12. UPGRADE OF PUBLIC SAFETY COMPUTER-AIDED DISPATCH SYSTEM (1) Authorized the City Manager to execute agreement #24-50 with Hexagon for $1,373,861 to upgrade the public safety department Computer Aided Dispatch system; and (2) Authorized the City Manager to utilize $150,000 from funding set aside to fund unforeseen challenges during the implementation and public safety overtime for possible configuration, training, and implementation assistance. -5-
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13. AWARD OF TASK ORDER FOR DESIGN OF ALISO BEACH PARKING LOT
REHABILITATION
This item was pulled from the Consent Calendar by a member of the public, Ann Christoph.
Public Testimony: Ann Christoph said she was concerned about saving the trees in the Aliso Beach parking lot and she asked that the trees be protected. Ruben Flores commented on the need to maintain the grass area properly and he requested a task force be formed to ensure Aliso Beach retained its staple elements. Greg Viviani stated he did not support restructuring the parking lot. Aaron Peluso offered his suggestions for the parking lot.
Discussion: Staff responded Councilmembers' questions and comments.
Moved by Councilmember George Weiss, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to:
(1) Authorize the City Manager to award a Task Order to Kabbara Engineering, in the amount of $103,149, for the design of the Aliso Beach Parking Lot Rehabilitation; and (2) Authorize the City Manager to approve change orders for additional design-related services that may be required in an amount not-to-exceed $15,000.
14. UPDATE TO TREE REMOVAL AND PLANTING POLICY FOR PUBLIC TREES This item was pulled from the Consent Calendar by a member of the public, Ann Christoph.
Public Testimony: Ann Christoph commented on the proposed update on the public tree removal and replanting policy, and she offered suggestions. Ruben Flores stated that the process for replanting of trees needs to be modified.
Moved by Councilmember Bob Whalen, seconded by Mayor Pro Tem Alex Rounaghi, and carried unanimously 5/0 to adopt the updated Tree Removal and Planting Policy for Public Trees, as revised by the City Council.
15. CONTRACT WITH INDEPENDENT AUDITOR FOR ANNUAL INDEPENDENT
AUDIT AND PREPARATION OF CITY ANNUAL COMPREHENSIVE FINANCIAL
REPORT AND UPDATE ON OPERATIONAL ASSESSMENT
This item was pulled from the Consent Calendar by Councilmember George Weiss to obtain feedback from the subcommittee regarding the proposed independent auditor.
Presentation and Discussion: The Audit Review and Investment Advisory Committee briefly updated the City Council on the procurement process. The committee and staff responded to Councilmembers' questions. City Manager Dave Kiff addressed the question raised by the public concerning the procurement of the performance auditor, and Assistant -6-
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City Manager Gavin Curran confirmed he provided Eide Bailly with their termination notice.
The City Council admonished staff for unilaterally terminating a contract approved by the City Council.
Public Testimony: Laura Parisi, City Treasurer, asked about additional costs associated with the evaluation of internal controls and best practices. Robin Hall listed the reasons why she supported retaining the auditing firm, Eide Bailly. Mary Locatelli commented on the auditor firm's recommendations and the consulting contract. Gene Felder voiced concerns with the City's auditing process. Michele Monda stated that she agreed with Felder's list of concerns and urged the Councilmembers to support Eide Bailly.
Moved by Councilmember George Weiss to retain Eide Bailly as the firm for audit services.
Motion failed.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember Bob Whalen, and carried 4/1 (Councilmember George Weiss opposed) to authorize the City Manager to enter into agreement #24-51 (in substantially similar form to the agreement attached to the agenda report) with Lance, Soll & Lunghard for professional audit services for Fiscal Year 2023-24, Fiscal Year 2024-25, and Fiscal Year 2025-26 annually, with the option to extend the agreement for two additional years in an amount not to exceed $80,190 per year; and Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to authorize the City Manager to enter into agreement #24-52 with Raftelis for up to $85,000 to conduct an organizational assessment of the finance unit and related functions. Once complete, the recommendations would return to the City Council for further discussion and implementation.
16. FORMATION OF LAGUNA BEACH STEWARDSHIP AND VISITOR IMPACT AD
HOC COMMITTEE
This item was pulled from the Consent Calendar by Councilmember Mark Orgill and Mayor Sue Kempf to allow staff to update the community on the process.
Presentation and Discussion: Staff gave a presentation regarding the formation of the Laguna Beach Stewardship and Visitor Impact Ad Hoc Committee.
Public Testimony: Judie Mancuso voiced her concerns stating that it is important to act now to lessen the tourist impact on Laguna Beach and she gave suggestions. Cathy Jurca, Greg Viviani, Aaron Peluso, Michele Monda, John Zeglis, Ed Almanza, Kelly Broshu, Ruben Flores, Roger and Ellen Kempler, Monica Finkelstein, and Jill Bush said they supported the ad hoc committee, and offered suggestions.
Moved by Councilmember George Weiss, seconded by Councilmember Bob Whalen, and carried unanimously 5/0 to:
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(1) Form the Laguna Beach Stewardship and Visitor Impact Ad Hoc Committee to develop and recommend programs that preserve Laguna Beach's unique environment, culture, and heritage;
(2) Appoint Mayor Kempt and Councilmember Orgill to chair the Laguna Beach Stewardship and Visitor Impact Ad Hoc Committee; and
(3) Sunset the proposed Ad Hoc Committee upon presentation of a final Laguna Beach Stewardship Implementation Plan to the City Council.
17. ADOPTION OF A RESOLUTION AMENDING THE PENALTY SCHEDULE FOR
PARKING VIOLATIONS
This item was pulled from the Consent Calendar by a member of the public, Michele Monda.
Public Testimony: Michele Monda urged the City Council to increase the obedience to posted sign parking fine to $100.
Discussion: City Attorney Megan Garibaldi and City staff responded to Councilmember questions and comments.
Moved by Councilmember Bob Whalen, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to:
(1) Adopt Resolution #24.064 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING AND RESTATING THE PENALTY SCHEDULE FOR PARKING VIOLATIONS," as amended by the City Council; and
(2) Find that this action is not a project subject to California Environmental Quality Act under State CEQA Guidelines Section 15060(c)(2) and (c)(3).
18. REJECT PROPOSALS FOR COMMUNITY LAND TRUST CONSULTANT SERVICES This item was pulled from the Consent Calendar by Councilmember Mark Orgill to ask staff to provide more information.
Discussion: Staff briefly updated the City Council and responded to questions regarding the Community Land Trust.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to reject all proposals for the Community Land Trust Consultant Services and direct staff to issue a new request for proposals.
Consent Item #19 was heard after Consent Item #20.
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19. UPDATE ON THE PROPOSAL TO TRANSITION THE REGIONAL TREATMENT
PLANT TO MOULTON NIGUEL WATER DISTRICT AND FACILITATE MOULTON
NIGUEL WATER DISTRICT WITHDRAWAL FROM THE SOUTH ORANGE COUNTY
WASTEWATER AUTHORITY
This item was pulled from the Consent Calendar by Councilmember George Weiss for discussion.
Presentation and Discussion: Councilmember Bob Whalen gave a brief update on the agenda item. Staff responded to questions.
Moved by Councilmember Bob Whalen, seconded by Mayor Pro Tem Alex Rounaghi, and carried unanimously 5/0 to:
(1) Receive and file an update on the South Coast Water District's proposal to transition the Regional Treatment Plant to the Moulton Niguel Water District; and (2) Due to the complexity of the agreements, appoint Councilmember Whalen and Mayor Pro Tem Rounaghi to an Ad Hoc Committee to assist staff in reviewing the final agreements in preparation for final approval by the City Council.
Consent Item #20 was heard before Consent Item #19.
20. REQUEST FOR ADDITIONAL USE OF RIDDLE FIELD LIGHTS AND
CATEGORICAL EXEMPTION
This item was pulled from the Consent Calendar by Councilmember George Weiss to obtain additional information from staff.
Presentation and Discussion: Staff briefly outlined the agenda report and responded to questions.
Public Testimony: Megan Hilliard addressed concerns about the proposed lighting scheduled and the need to work with the residents and the families of Little League Baseball to reach a compromise. William Donovan commented on the need to modify the permitting process.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to:
(1) Find and determine that the project is exempt from the California Environmental Quality Act pursuant to Class 5 and Class 32 categorical exemptions; (2) Direct staff to permit Riddle Field light usage during Laguna Beach Little League's fall season days until 9:30 p.m., with no light usage permitted on Saturdays; (3) Direct staff to permit Riddle Field light usage during Laguna Beach Little League's spring/summer season until 9:30 p.m.., with no light usage permitted on Sundays; -9-
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(4) Direct staff to evaluate Laguna Beach Little League's field permit each season based on registration numbers, but not to exceed the hours of light usage included in recommendations 2 and 3;
(5) Direct staff to prepare, execute and file with the Orange County Clerk/Recorder a Notice of Exemption within five (5) working days of this approval; and (6) Direct staff to report back to the City Council in one year.
21. SERVICE AGREEMENT FOR 1931 SEAGRAVE RESTORATION (WEISS) (1) Approved the use of the $150,000 allocated in the Fiscal Year 2024-25 Budget to repair the 1931 Seagrave fire engine to a drivable condition immediately, rather than using it as a matching dollar-for-dollar fund as identified during the budget adoption meeting on June 25, 2024;
(2) Authorized the City Manager to execute service agreement #24-53 with Douglas and Company for an amount not to exceed $115,000; and
(3) Authorized an additional $15,000 as a contingency for exigent and unforeseen circumstances.
Agenda Item #22 was heard before Agenda Item #28.
22. RESPONSE TO ORANGE COUNTY GRAND JURY REPORTS
This item was pulled from the Consent Calendar by Councilmember George Weiss.
Mayor Pro Tem Alex Rounaghi asked the City Council to give direction on the South Orange County Wastewater Authority (SOCWA) portion of the report, and he described.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to authorize the City Manager to submit the letter to the Presiding Judge of the Orange County Superior Court in response to the Orange County Grand Jury Reports titled (a) Law Enforcement's Response to Mental Health Calls for Services, (b) Talking Trash: Recyclables and Organic Waste, (c) E-Bikes Friend or Foe, and (d) Emerging Opportunities in South County Water/Wastewater Systems, as recommended to be revised by Mayor Pro Tem Alex Rounaghi and Councilmember Bob Whalen.
23. AWARD OF CONTRACT FOR DEVELOPMENT OF A WASTEWATER MASTER PLAN
(1) Authorized the City Manager to execute consultant services agreement #24-54 with Dudek, for $799,047, to develop a Wastewater Master Plan; and (2) Authorized the City Manager to approve future project related expenses and change orders for unforeseen circumstances for an amount not-to-exceed $80,000. -10-
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24. NORTH COAST INTERCEPTOR CONDITION ASSESSMENT RESULTS AND
RECOMMENDATIONS
(1) Received and filed the North Coast Interceptor Condition Assessment Results and Recommendations Report; and
(2) Directed staff to incorporate the Report's recommendations into the Wastewater Master Plan.
25. DESIGNATE MAYOR PRO TEM ROUNAGHI AND COUNCIL MEMBER ORGILL TO
REPRESENT THE CITY COUNCIL REGARDING THE LAGUNA BEACH FIRE
DEPARTMENT'S STRATEGIC PLAN
Designated Mayor Pro Tem Rounaghi and Council Member Orgill, who also serve as the Council Member Ad Hoc Committee to the Facilities Master Plan effort, to also participate on behalf of the City Council in the Laguna Beach Fire Department's Strategic Planning event set for specific (and to be determined) hours on and during September 11-13, 2024.
26. RATIFICATION AND APPROVAL OF COMPENSATION FOR CITY TREASURER
AND CITY CLERK, AND APPROVAL OF HEALTHCARE BENEFITS FOR CITY
COUNCILMEMBERS
(1) Approved a retroactive cost of living increase of 4% to base pay, and approved 54.538 hours of administrative leave, for the City Treasurer, effective July 1, 2024; (2) Adopted Resolution 24.065 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, RELATING TO
COMPENSATION (SALARY AND BENEFITS) OF THE CITY CLERK FOR THE CONCLUSION OF THE TERM THAT COMMENCED IN 2020 AND UNTIL SUCH TIME AS MAY BE LATER AMENDED BY THE CITY COUNCIL";
(3) Adopted Resolution 24.066 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, RELATING TO
COMPENSATION (SALARY AND BENEFITS) OF THE CITY TREASURER FOR THE CONCLUSION OF THE TERM THAT COMMENCED IN 2020 AND UNTIL SUCH TIME AS MAY BE LATER AMENDED BY THE CITY COUNCIL"; and (4) Adopted Resolution 24.067 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, RELATING TO HEALTHCARE BENEFITS (medical, dental, vision, EAP, and life insurance) FOR CITY
COUNCILMEMBERS, TO COMMENCE UPON THE DATE OF INSTALLATION OF CITY COUNCILMEMBERS FOLLOWING THE 2024 GENERAL MUNICIPAL ELECTION."
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REGULAR BUSINESS
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27. PUBLIC HEARING FOR LOT LINE ADJUSTMENT 23-2191 AND COASTAL DEVELOPMENT PERMIT 24-0151 TO MODIFY THE LOCATION OF A COMMON PROPERTY LINE BETWEEN TWO LOTS LOCATED AT 855 LA VISTA DRIVE AND 700 VIRGINIA PARK DRIVE, AND CATEGORICAL EXEMPTION PURSUANT TO STATE CEQA GUIDELINES SECTION 15061(B)(3)
Pursuant to the Levine Act (Govt Code Section 84308), Councilmember Bob Whalen recused himself due to contributions made to his re-election campaign by the applicant, Gregg Abel.
Presentation and Discussion: Staff gave a presentation and responded to Councilmembers' questions.
Moved by Mayor Sue Kempf, seconded by Councilmember Mark Orgill, and carried unanimously 4/0 to adopt Resolution 24.068 titled, "A RESOLUTION OF THE CITY
COUNCIL OF LAGUNA BEACH, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT 23-2191 AND COASTAL DEVELOPMENT PERMIT 24-0151 AT 855 LA VISTA DRIVE AND 700 VIRGINIA PARK DRIVE AND FINDING THE PROJECT
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTION 15061(b)(3)."
28. PUBLIC HEARING FOR LOT LINE ADJUSTMENT 22-1492 AND COASTAL DEVELOPMENT PERMIT 24-1019 (3002 DORN COURT, 3008 DORN COURT, AND 2616 TEMPLE HILLS DRIVE, APNs: 641-061-15, -04, & -16, RESPECTIVELY Pursuant to the Levine Act (Govt Code Section 84308), Councilmember Bob Whalen recused himself due to contributions made to his re-election campaign by the applicant, Gregg Abel.
Presentation and Discussion: Staff gave a presentation and responded to Councilmembers' questions.
Public Testimony: Gregg Abel, designer and contractor, explained the reasons for the lot line adjustment.
Moved by Mayor Sue Kempf, seconded by Councilmember George Weiss, and carried unanimously 4/0 to adopt Resolution 24.069 titled, "A RESOLUTION OF THE CITY
COUNCIL OF LAGUNA BEACH, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT 22-1492 AND COASTAL DEVELOPMENT PERMIT 24-1019 AT 3002 DORN COURT, 3008 DORN COURT, AND 2616 TEMPLE HILLS DRIVE, APNs: 641- 061-15, -04, RESPECTIVELY, AND FINDING THE PROJECT
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTION 15305." -12-
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Agenda Item #29 was heard before Agenda Item #27.
29. PUBLIC HEARING FOR PROPOSED ECONOMIC INCENTIVE AGREEMENT PURSUANT TO SECTION 53083 OF THE CALIFORNIA GOVERNMENT CODE (ASSEMBLY BILL 562)
Presentation and Discussion: Staff gave a presentation and responded to Councilmembers' questions regarding the proposed Economic Incentive Agreement.
Public Testimony: Hannah Steinweg, Rivian Public Policy Manager, commented on the delivery of vehicles to the Rivian location. She thanked the City Council for the partnership between the City and Rivian. Nicola Freeman, Rivian General Manager, described the Rivian community programs. Mike Mariner and Judie Mancuso said that they supported Rivian's commitment to the community of Laguna Beach.
Moved by Councilmember Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Authorize the City Manager to execute economic incentive agreement #24-55 with Rivian, LLC, based on the terms detailed in the public hearing notice, and contingent upon City approval of a Conditional Use Permit amendment; (2) Remand the requested Conditional Use Permit amendment to the Planning Commission to evaluate point-of-sale activities, demonstration drives, and vehicle deliveries; and (3) If approved, direct revenues generated under this agreement to a special account earmarked for a Clean Energy Revolving Loan for initiatives such as installing microgrid systems, electric vehicle charging infrastructure, and vehicle fleet conversion.
30. CONSIDERATION OF HEARING PLANNING COMMISSION AND/OR DESIGN
REVIEW BOARD APPEALS AT ONE OR MORE SPECIAL MEETINGS
Presentation and Discussion: Staff briefly explained the intent to address the backlog of appeal hearings, and responded to Councilmembers' comments and questions.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember George Weiss, and carried unanimously 5/0 to direct the City Manager to schedule a special City Council meeting on Wednesday, October 9, 2024, to hear appeals of decisions made by the Planning Commission or Design Review Board, to commence no earlier than 4:00 p.m., if the City Manager determines an extra meeting is necessary.
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31. CONSIDER FIRST AMENDMENT TO EMPLOYMENT AGREEMENT FOR CITY
MANAGER AND AUTHORITY TO ENTER INTO LOAN DOCUMENTS FOR CITY
MANAGER HOUSING ASSISTANCE
Discussion: Staff briefly described the modifications to the City Manager's employment contract and responded to the Councilmembers' questions.
Moved by Councilmember Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Adopt Resolution 24.070 amending the form of housing assistance provided in the City Manager's employment agreement, titled, "A Resolution of the City Council of the City of Laguna Beach, California, approving and authorizing the Mayor to execute the First Amendment to the Employment Agreement between the City of Laguna Beach and City Manager Dave Kiff;
(2) Pursuant to the First Amendment to the City Manager's Employment Agreement, authorize the City to make a loan to the City Manager for the home for which he is currently in escrow, pursuant to the following terms:
(a) Principal loan amount of $1,530,000;
(b) Down payment required of $300,000.
(c) Interest to accrue at the Local Agency Investment Fund Quarterly Apportionment Rate, as published by the California State Treasurer and which shall be variable per quarter, plus one-half percent (0.50%) per annum;
(d) Monthly payments on the full interest of the principal; (e)All outstanding amounts under the loan due upon the earlier of: (i) within one year of the City Manager's departure from the City and payable upon sale of the City Manager's home, or (ii) if the City Manager determines to not sell the home, due and payable within one year of the City Manager's departure from the City; and (f) Secured in first priority by the property purchased by the City Manager with a recorded Note, Deed of Trust, and all other loan documents, as may be deemed necessary by the City Attorney
(3) Approve the form of the attached Promissory Note and Deed of Trust, and authorize the City Attorney to make necessary amendments thereto and to further prepare and/or approve ancillary loan documents as may be required for the City Manager to close escrow;
(4) Authorize the Assistant City Manager to execute the Promissory Note, Deed of Trust, and all ancillary loan documents, as determined necessary and in a final form as approved by the City Attorney; and
(5) Appropriate $1,530,000 for the loan, with $900,000 from the proceeds of the anticipated sale of 891 Acapulco and the balance of $630,000 from the Vehicle Replacement Fund; temporarily increase the amount borrowed from the Vehicle Replacement Fund to cover the entire $1,530,000 until the sale of 891 Acapulco is final, at which point $900,000 will be repaid to the Vehicle Replacement Fund; and authorize the funding of the loan through escrow.
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PUBLIC HEARINGS
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A. APPEAL OF THE APPROVAL OF DESIGN REVIEW 23-0919 AND COASTAL DEVELOPMENT PERMIT 23-0921 FOR A NEW SINGLE-FAMILY RESIDENCE WITH AN ATTACHED TWO-CAR GARAGE IN THE R-1 (RESIDENTIAL LOW DENSITY) ZONE AT 1536 MORNINGSIDE DRIVE. DESIGN REVIEW IS REQUIRED FOR THE
NEW SINGLE-FAMILY DWELLING, ELEVATOR HEIGHT, ELEVATED DECKS,
GRADING, RETAINING WALLS, NEW VEHICULAR ACCESS, CONSTRUCTION
WITHIN AN ENVIRONMENTALLY SENSITIVE AREA (SLOPE GREATER THAN 30%), AND LANDSCAPING
Moved by Councilmember Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to continue the appeal of the Design Review Board's approval of Design Review 23-0919 and Coastal Development Permit 23-0921, located at 1536 Morningside Drive, to September 24, 2024, to allow staff time to address the contentions.
B. APPEAL OF DESIGN REVIEW BOARD APPROVAL OF DESIGN REVIEW 24-0285 AND COASTAL DEVELOPMENT PERMIT 24-0284 AND FINDING THE PROJECT
CATEGORICALLY EXEMPT UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15304 FOR A NEW POOL, SPA, DECK, BBQ, AND LANDSCAPING AT 8 ROCKLEDGE ROAD IN THE R-1 (RESIDENTIAL LOW
DENSITY) ZONE
Moved by Mayor Sue Kempf, seconded by Councilmember George Weiss, and carried unanimously 5/0 to continue the appeal of the Design Review Board's approval of Design Review 24-0285 and Coastal Development Permit 24-0284 and finding the Project categorically exempt under CEQA Guidelines Section 15304 (the "Project") to a date uncertain.
COUNCIL MEMBER ITEMS)
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In accordance with Resolution #24.011, the City Council supported Mayor Sue Kempf's proposal to place consideration of signing the Irvine-Laguna Wildlife Corridor Partner Charter and support for the 30x30 Initiative on the City Council's September meeting agenda for the City Council to determine its position.
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Laguna Beach City Council Minutes August 13, 2024
ADJOURNMENT
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There being no further business, Mayor Kempf at 10:38 p.m., Tuesday, August 13, 2024, adjourned to the Closed Session at 4:00 p.m., and Regular City Council Meeting at 5:00 p.m., Tuesday, September 24, 2024, at City Hall, 505 Forest Avenue, Laguna Beach California. ****************
Approved: September 24, 2024
Sue Kempf, Mayo
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. -16-
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
August 13, 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, August 13, 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 10:38 p.m., Tuesday, August 13, 2024, adjourned to the Closed Session at 4:00 p.m., and City Council Regular Meeting at 5:00 p.m., Tuesday, September 24, 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 14th day of August 2024.
SUlk
LNCORPORATE City Clerk of the City of Laguna Beach California
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, August 13, 2024, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on August 14, 2024, at the hour of 10:00 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