Laguna Beach City Council Minutes October 8, 2024
MINUTES
LAGUNA BEACH CITY COUNCIL REGULAR MEETING
October 8, 2024
A Regular Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, October 8, 2024, in the City Hall, 505 Forest Avenue, Laguna Beach, California, Mayor Kempt presiding.
ROLL CALL
PRESENT: COUNCILMEMBERS: Orgill, Weiss, Whalen, Rounaghi, Kempf PARTICIPATING REMOTELY: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember George Weiss 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; Gavin Curran, Assistant City Manager; Aggie Nesh, Human Resources Director
Employee Organizations: Laguna Beach Marine Safety Association
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 31727/31729 & 31735 Coast Highway, Laguna Beach Agency Designated Representatives: Dave Kiff, City Manager; Jeremy Frimond, Assistant City Manager
Negotiating Parties: Platinum Hill Capital, LLC; Stephen Samuelian; West Development Ventures and Fullerton Consulting Partners; D & S Partners, LLC; Kenneth Steele
Under Negotiation: Price and Term
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 31526 & 31532 South Coast Highway, Laguna Beach Agency Designated Representatives: Dave Kiff, City Manager; Jeremy Frimond, Assistant City Manager
Negotiating Parties: Lee Blevins
Under Negotiation: Price and Term
Semi-Annual Claims Update
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Significant Exposure to Litigation pursuant to Government Code section 54956.9(d)(2) & (e)(3))
Number of Claims/Potential Cases: Thirty-One (31)
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Laguna Beach City Council Minutes October 8, 2024
Names of Claims:
Romans, Jon (GHC0031186, City Claim No. 20-10)
2) Cruciana, Susana (GHC0070777, City Claim No. 24-19)
Casas, Jay (GHC0063469, City Claim NO. 23-31)
4) Giffin, Laura (GHC0064110, City Claim No. 23-33)
5) Coon, Stephen (GHC0068349, City Claim No. 24-08)
6) Cajuste, Rolkov (GHC0072464, City Claim No. 24-23)
7) Horton III, John (GHC0074097, City Claim No. 24-26)
8) Subro Claims, Inc o/b/o Geico Ins. a/s/o Stephan Decairos Budd (GHC0074659, City Claim No. 24-33 & 24-41)
Adam, Alan (GHC0074069, City Claim No. 24-29)
10) Ramirez, Sergio (GHC0047841, Claim No. 22-43)
11) 21st Century Insurance Company a/s/o Michelle Yang (GHC0074276, No City Claim No.)
12) Brown, Richard & Janice | South Coast Water District | South Coast Water District aso Anna and James Collins Goddard | South Coast Water District aso Clark and Marie McCarthy | South Coast Water District aso Craig & Alicia Timmins | South Coast Water District aso David Serrurier and Barry Fogel | South Coast Water District aso Jacob Berger | South Coast Water District aso Ken and Diane Berger | South Coast Water District aso Lenelle Hamil | South Coast Water District aso Lona Ingwerson | South Coast Water District aso Rachel Alcone South Coast Water District aso Richard and Janice Brown (GHC0052571, City Claim No. 23-11)
13) Thornton, Joshua (GHC0072873, City Claim NO. 24-28) 14) Delorme, Scott and Frances | Saeedi, Sepehr (GHC0060170, No City Claim No.)
15) Patten, Francine (GHC0067676, City Claim No. 24-05) 16) Minney, Sean (GHC0070498, City Claim No. 24-15)
17) Hutcheon, Scott (GHC0072449, City Claim No. 24-25)
18) Wahab, Juni (GHC0076017, City Claim No. 24-40)
19) Allstate a/s/o Henry Trang | Trang, Trisha (GHC0070771, City Claim No. 24-18 & 24-31)
20) Maloney, Marichelle (GHC0071377, City Claim No. 24-20) 21) Kouri, Chris (GHC0071401, City Claim No. 24-21)
22) Altig, Robin (GHC0072565, City Claim No. 24-27)
23) Simpson, Rodney (GHC0072170, City Claim No. 24-22)
24) Allstate Ins Co a/s/o Carlos Eduardo Castaneda Castillo (GHC0074500, City Claim No. 24-32)
25) Leitner, Harry (GHC0075237, City Claim No. 24-37)
26) Wawanesa General Insurance Company a/s/o Kevin Nguyen (GHC0074732, City Claim No. 24-34)
27) Maldonado, Marlo (GHC0075239, City Claim No. 24-36) 28) Flippin, Kathleen (GHC0076006, City Claim No. 24-42) 29) Hunter, Ketzel (GHC0075349, City Claim No. 24-38)
30) Yee, Eugene (GHC0076139, City Claim No. 24-43)
31) Gharaui, Amir (GHC0076584, City Claim No. 24-44)
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Laguna Beach City Council Minutes October 8, 2024
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. Garibaldi advised that there was no reportable action, and that the City Council did not have time to discuss Closed Session Agenda Item #4.
PRESENTATIONS
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YEARS OF SERVICE RECOGNITION
Received and filed the report recognizing the following City employees with milestone years of service: Bill Parker, Stacy Tinker, Edward Cooke, Andrew Lopez, Spencer York, Lauren Elliott, Leyna Nguyen, Jessica Gonzalez, Antionio Figueroa, Dylan Ruvalcaba, Gabriel Bravo, Ray Nieto, Joe Gonzales, Aaron Borruel, Wusang Lee, and Cynthia Murillo for one year; Becket Wilson, Armita Bastani, Michael McGregor, and Ashley Moran for five years, Mathew Milroy and Anthony Viera for 10 years; and Gavin Curran for 20 years.
2. PROCLAMATION FOR NATIONAL CODE ENFORCEMENT OFFICER
APPRECIATION WEEK
Approved the Proclamation recognizing the second week in October as Code Enforcement Officer Appreciation Week in Laguna Beach.
ADDITIONS and DELETIONS
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None.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS
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Gene Felder reiterated his request for information regarding the preparation and release of the 2023 press release video of former City Manager Shoreh Dupuis' 2022 traffic stop.
Thomas Fleming, aka T, stated that he was speaking for the voiceless.
Christine Tallent, Be Well OC Mobile Crisis Response Manager, explained Be Well OC's mission and the services they provide.
City Treasurer Laura Parisi reported that Assessment District 12-1R bonds have been paid in full.
Michelle Highberg, Just Gather, announced their "Introduction to Gratitude" event on October 19 at the Laguna Beach Cultural Arts Center, as a preview of the launch of their new 6-week class. -3-
Laguna Beach City Council Minutes October 8, 2024
Michele Monda expressed appreciation that the Catalina lots are on the City Council's Closed Session agenda to discuss. She also reiterated her request for the City to bring back virtual participation for City meetings, and she expressed concern that the City's website identifies all of the City's beaches and tidepools.
Jacob Cherub asserted that there should be more transparency into Visit Laguna's operations. He also stated that he attended the Neighborhood Congregational Church's town hall meeting at Top of the World Elementary and noted that they stated that their intent is to develop 55 units rather than the original concept of 72 units, which Cherub asserted is still far too large. Cherub also expressed concerns regarding the possibility of the City acquiring Laguna Canyon Road.
MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS AND CITY MANAGER ****************************************************************************** City Manager Dave Kiff advised that staff is requesting that the City Council continue Consent Item #11. Kiff thanked the public for attending the Community Development workshop, and reported on a recent meeting regarding the Finance Department with the new Finance Director. Kiff also advised that the City is monitoring changes in the unhoused population.
Councilmember George Weiss, Mayor Pro Tem Alex Rounaghi, and Mayor Sue Kempf praised this year's Lagunatics.
Councilmember George Weiss commended the Laguna Beach High School students on the candidates forum they hosted, and he acknowledged the passing of retired UCI professor Paul Schimmelpfennig, one of the founders of Anneliese Schools.
Councilmember Mark Orgill thanked the City Council for moving forward with the Community Land Trust. He also reported that the stewardship committee is working on changes with Visit Laguna, and is working with the Laguna Ocean Foundation and other agencies to determine surge staffing needs. Councilmember Orgill also summarized various communications he had with members of the public.
Councilmember Bob Whalen reported on this year's Love Laguna Beach volunteer day event, and noted that the Day Laborer site now has the ability for people to schedule work requests online.
Councilmember Whalen provided an update on Moulton Niguel Water District withdrawal from South Orange County Wastewater Authority (SOCWA), stating that it is expected that an agreement will be approved in November. Regarding the Community Development workshop, Councilmember Whalen suggested that a monthly report, similar to what was presented at the workshop, be provided monthly on the City Council's Consent Calendar, to increase transparency. Councilmember Whalen also noted that it has been a year since the Laguna Beach Mission Hospital has provided an update.
Councilmember Whalen also expressed concerns regarding the conditions of Villa Rockledge described in the letter submitted by Village Laguna.
Mayor Sue Kempf commented on Love Laguna Beach, the success of this year's Taste of Laguna, and the annual car show by the Rotary Club. She concurred with Councilmember Orgill regarding Visit Laguna and the research into surge staffing needs. -4-
Laguna Beach City Council Minutes October 8, 2024
Assistant Director of Community Development Matt Schneider provided an update on Villa Rockledge, advising that there is an active code enforcement case, and the property owner has been cooperative.
City Clerk Ann Marie McKay reported that vote-by-mail ballots have been mailed to registered voters, and should be arriving in your mailboxes soon if they have not already. She also advised that you can track your ballot via ocvote.gov/track, confirm your voter registration is correct, and request a replacement ballot. McKay also advised that select Vote Centers, including the one at the Laguna Beach Community & Susi Q Center, open on Saturday, October 26, and all Vote Centers, including the one at Lang Park, open on Saturday, November 2.
CONSENT CALENDAR
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Moved by Councilmember Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to approve items 1-4, 6, and 7.
MINUTES OF THE CITY COUNCIL MEETINGS
Approved the minutes of the Regular Meeting of the City Council of September 24, 2024.
APPROVAL OF GENERAL WARRANTS AND PAYROLL DISTRIBUTIONS
Warrants: $4,104,832.10 09/13/2024
Payroll #6: $1,815,470.85 09/20/2024
Total: $5.920.302.95
Approved the general warrants and payroll disbursements.
5. AWARD OF CONSTRUCTION CONTRACT FOR THE CITY HALL SERVER ROOM
UPGRADES
This item was pulled from the Consent Calendar by Councilmember Bob Whalen in order to receive clarification from staff. Staff responded to Councilmember Whalen's questions.
Moved by Councilmember George Weiss, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to:
(1) Award and authorize the City Manager to execute contract #24-69 with Data Specialties, Inc. in the amount of $390,515 for the City Hall Server Room Upgrade project; and (2) Authorize the City Manager to approve project-related expenses and construction change orders for unforeseen circumstances in an amount not to exceed $40,000. -5-
Laguna Beach City Council Minutes October 8, 2024
PROFESSIONAL SERVICES AGREEMENT TO ASSIST WITH THE PREPARATION
OF A COMPREHENSIVE ZONING CODE UPDATE
(1) Authorized the City Manager to execute professional services agreement #24-70 and any necessary amendments thereto, all in a form acceptable to the City Attorney, with De Novo Planning Group to assist with the preparation of a Comprehensive Zoning Code Update;
(2) Appropriated $21,449 from anticipated mid-year savings to cover the remaining costs of the project beyond the budgeted $300,000; and
(3) Found that this action is not a project subject to California Environmental Quality Act under State CEOA Guidelines Section 15378.
7. REPORT OF DE MINIMIS WAIVERS FOR COASTAL DEVELOPMENT ISSUED Received and filed the report of de minimis waivers for coastal development that have been issued:
(1) De minimis waiver for the Accessory Dwelling Unit located at 1759 Glenneyre Street; (2) De minimis waiver for the Accessory Dwelling Unit located at 21521 Ocean Vista Drive; (3) De minimis waiver for the Accessory Dwelling Unit located at 436 Locust Street; and (4) De minimis waiver for the Accessory Dwelling Unit located at 690 Cuprien Way.
CITY COUNCIL 2025 MEETING SCHEDULE
This item was pulled from the Consent Calendar by Mayor Sue Kempf to modify the May 2025 City Council meetings.
Moved by Mayor Sue Kempf, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to approve the City Council meeting schedule for the calendar year 2025, with the May City Council meeting dates changed to May 6 and May 20, 2025.
SEWER CCTV CAMERA VAN PURCHASE
This item was pulled from the Consent Calendar by Councilmember George Weiss to discuss costs. Staff responded to Councilmember Weiss' question.
Councilmember Bob Whalen confirmed with staff that the electric vehicle would be charged at the Corporate Yard in the canyon.
Moved by Councilmember George Weiss, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to authorize the City Manager to purchase one RovverX CCTV Sewer System inspection van from Haaker Equipment Company for an amount not to exceed $300,000.
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Laguna Beach City Council Minutes October 8, 2024
10. AWARD OF CONSTRUCTION CONTRACT FOR THE PARK AVENUE BICYCLE
LANE IMPROVEMENTS
This item was pulled from the Consent Calendar by Councilmember Bob Whalen to receive clarification from staff. Staff responded to Councilmember Whalen's questions.
Moved by Councilmember Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Award and authorize the City Manager to execute contract #24-71 with Cat Tracking Inc., in the amount of $203,955 for the Park Avenue Bike Lane Improvements project; (2) Authorize the City Manager to approve project-related expenses and construction change orders for unforeseen circumstances in an amount not to exceed $20,000; and (3) Approve the transfer of $140,000 in project savings from the Zone 3 Collectors Pavement Rehabilitation project to the Park Avenue Bicycle Lane Improvements, to bring the total budget for the project to $224,000.
11. BLUEBIRD CANYON DRIVE TRAFFIC CALMING UPDATE
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to continue this item to the November 12, 2024, City Council meeting.
12. RESOLUTION SUPPORTING PROPOSITION 4, THE SAFE DRINKING WATER,
WILDFIRE PREVENTION, DROUGHT PREPAREDNESS, AND CLEAN AIR BOND ACT ON THE NOVEMBER 5, 2024, GENERAL ELECTION BALLOT
This item was pulled from the Consent Calendar by a member of the public, Gene Felder.
Public Testimony: Gene Felder and Jacob Cherub commended the City Council for placing this item on the agenda and they stated that they fully supported the item.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember George Weiss, and carried unanimously 5/0 to adopt Resolution #24.076 titled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, IN SUPPORT OF PROPOSITION 4, THE SAFE DRINKING WATER, WILDFIRE PREVENTION, DROUGHT PREPAREDNESS, AND CLEAN AIR BOND ACT," and direct City staff to work with the City's lobbyist firm to develop a plan to leverage potential funds that may be obtained.
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Laguna Beach City Council Minutes October 8, 2024
REGULAR BUSINESS
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13. POLICY GUIDANCE WITH RESPECT TO CITY INTEREST IN PUBLIC RIGHTS OF WAY; AND FIND SUCH ACTION EXEMPT FROM CEQA UNDER CEQA
GUIDELINES SECTION 15061(B)(3)
Presentation and Discussion: Staff gave a presentation, and they responded to the Councilmembers questions and comments regarding standardizing the processing of public rights-of-way in Laguna Beach.
Public Testimony: Michele Monda urged the City Council to not permanently abandon public rights-of-way, and she explained. Chris Clark commented on the importance of reviewing properties on a case-by-case basis. Laura Parisi voiced concerns about the abandonment of properties and the importance of reviewing properties that could offer benefits to the public.
Moved by Councilmember Bob Whalen, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to reaffirm Option 1 to guide management of its public rights-of- way or provide alternative policy guidance on how City staff should process requests by residents for the City to vacate portions of City rights-of-way for a resident's private use and enjoyment, and direct staff to develop a policy on how options 2 and 3 would be processed. •PUBLIC HEARINGS
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A. APPEAL OF APPROVAL OF DESIGN REVIEW 23-0919 AND COASTAL DEVELOPMENT PERMIT 23-0921 FOR A NEW SINGLE-FAMILY RESIDENCE WITH
AN ATTACHED TWO-CAR GARAGE, ELEVATOR HEIGHT, ELEVATED DECKS,
GRADING, RETAINING WALLS, NEW VEHICULAR ACCESS, CONSTRUCTION
WITHIN AN ENVIRONMENTALLY SENSITIVE AREA (SLOPE GREATER THAN 30%), AND LANDSCAPING IN THE R-1 (RESIDENTIAL LOW DENSITY) ZONE AT 1536 MORNINGSIDE DRIVE AND FINDING THE PROJECT EXEMPT FROM CEQA PURSUANT TO SECTION 15303
Councilmember Bob Whalen asked for clarification for continuing this appeal to a date uncertain. Staff responded to Councilmember Whalen and briefly explained the reasons why staff was requesting the appeal be continued to a date uncertain.
Moved by Mayor Sue Kempf, seconded by Councilmember Bob Whalen, and carried unanimously 5/0 to open the public hearing, and 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 a date uncertain to allow staff time to address the contentions.
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Laguna Beach City Council Minutes October 8, 2024
B. APPEAL OF DESIGN REVIEW BOARD'S APPROVAL OF DESIGN REVIEW 24-0285 AND COASTAL DEVELOPMENT PERMIT 24-0284 FOR A NEW POOL, SPA, DECK.
BBQ, AND LANDSCAPING AT 8 ROCKLEDGE ROAD IN THE R-1 (RESIDENTIAL LOW DENSITY) ZONE; AND FINDING ACTION EXEMPT PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15303 Mayor Pro Tem Alex Rounaghi disclosed conversations with the appellant, the appellant's attorney, and agent for the applicant Steve Kawaratani; Councilmember Bob Whalen disclosed he had conversations with Steve Kawaratani.
Moved by Councilmember Mark Orgill, seconded by Mayor Pro Tem Alex Rounaghi, and carried unanimously 5/0 to continue the appeal to the November 12, 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 7:03 p.m., Tuesday, October 8, 2024, adjourned to the Facilities Master Plan Workshop at 3:00 p.m., the Closed Session at 4:00 p.m., and Regular City Council Meeting at 5:00 p.m., Tuesday, October 22, 2024, at City Hall, 505 Forest Avenue, Laguna Beach California.
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Approved: October 22, 2024 Se Kent,
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. -9-
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
October 8, 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, October 8, 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 7:03 p.m., Tuesday, October 8, 2024, adjourned to the Facilities Master Plan Workshop at 3:00 p.m., Closed Session at 4:00 p.m., and City Council Regular Meeting at 5:00 p.m., Tuesday, October 22, 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 9*h day of October 2024.
NCORPORATES смик
'UNE 29. 192
NGE CO
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, October 8, 2024, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on October 9, 2024, at the hour of 9:50 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 City Clerk of the City of Laguna Beach, Califor