Laguna Beach City Council Minutes January 28, 2025
MINUTES
LAGUNA BEACH CITY COUNCIL REGULAR MEETING
January 28, 2025
A Regular Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, January 28, 2025, in the City Hall, 505 Forest Avenue, Laguna Beach, California, Mayor Rounaghi presiding
ROLL CALL
PRESENT: COUNCILMEMBERS: Jones, Kempf, Whalen, Orgill, Rounaghi PARTICIPATING REMOTELY: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Mark Orgill led the Pledge of Allegiance.
STUDY SESSION 3:00 P.M. - 3:45 P.M.
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The City Council received a presentation from Kosmont Companies on the Business/Community Survey and Retail Market Summary, which was initiated by and prepared for the Laguna Beach Chamber of Commerce, received public comment, and provided feedback.
THERE WAS A 75-MINUTE BREAK WHILE THE CITY COUNCIL HELD ITS CLOSED SESSION MEETING FROM 3:45 p.m. - 5:00 p.m.
CLOSED SESSION
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1. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) & (e)(3)
One (1) potential case: There is significant exposure to litigation against the City based on a Government Claims Act claim filed by Cedric Owens against the City on November 4, 2024. The claim is available from the City Clerk's Office upon request.
2. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
One (1) case: Dornin v. City of Laguna Beach, Orange County Superior Court, Case No. 30-2021-01183025-CU-WM-CJC
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)(2)
Title: City Attorney
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Laguna Beach City Council Minutes January 28, 2025
CLOSED SESSION ANNOUNCEMENTS)
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City Attorney Megan Garibaldi reported that all five Councilmembers were present and participated in the discussions, and there was no public comment prior to the City Council convening into the Closed Session. City Attorney Garibaldi stated that there was no reportable action.
PRESENTATIONS
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ASSEMBLYMEMBER DIXON LEGISLATIVE UPDATE
Assemblymember Diane Dixon provided a legislative update.
2. GREEN BUSINESS CERTIFICATION RECOGNITIONS
The following local businesses were recognized for meeting the Californian Green Business Network certification and recertification requirements: Nuance Home + Lifestyle, Merkababe Designs, the Salt Horse, Modern Studio Furnishings, Maya Dunne and Associates, Voice of Laguna, the GARAGE collective, the Laguna Beach Historical Society, Giulia Martello | Apartas Astrology and Hobie
SOCWA (SOUTH ORANGE COUNTY WASTEWATER AUTHORITY)
PRESENTATION
Amber Boone, SOCWA Acting General Manager, provided a SOCA update.
PROCLAMATION RECOGNIZING MARCH 6, 2025, AS ARBOR DAY IN LAGUNA BEACH
(1) Adopted the proclamation recognizing March 6, 2025, as Arbor Day in Laguna Beach; (2) Authorized staff to host an Arbor Day celebration event on March 6, 2025; and (3) Authorized staff to apply for re-certification as a Tree City USA with the Arbor Day Foundation.
PROCLAMATION RECOGNIZING THE 20TH ANNIVERSARY OF THE LAGUNA
DANCE FESTIVAL
Approved the Proclamation recognizing the 20'h Anniversary of the Laguna Dance Festival.
ADDITIONS and DELETIONS
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City Manager Dave Kiff noted that Presentation item #4 will be approved as part of the Consent Calendar.
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Laguna Beach City Council Minutes January 28, 2025
PUBLIC COMMENTS - NON-AGENDIZED ITEMS
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Michelle Highberg submitted a suggested approach to making Laguna Beach "fire-wise," and reiterated the new volunteer "Emerald Ribbon Project" to create a succulent "fire stop." Ed Steinfeld, Voice of Laguna, announced that Voice of Laguna would be hosting a 24-hour telethon to support the Red Cross from 7:00 a.m. Wednesday, January 29 - 7:00 a.m. Thursday, January 30.
Jorg Dubin expressed evacuation safety concerns regarding the ongoing Caltrans El Toro Road/State Route 73 project.
Joy Berry offered her assistance in developing evacuation plans.
Les Miklosy provided a collage of photographs from the 1993 fire as a visual for the discussion on agenda item #16.
Cathy Jurca noted that rebuilding from a disaster is already exempt from CEQA (California Environmental Quality Act).
Pat Gallis advocated for CEQA reform.
MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS AND CITY MANAGER ************************************************************************ Councilmember Mark Orgill summarized the various communications he had with members of the public.
Councilmember Sue Kempf noted that there will be a Joint City Council/Planning Commission Meeting on Tuesday, February 4, from 6:00 p.m. to 8:00 p.m. in the City Council Chambers to discuss the Promenade on Forest plans and scope.
Mayor Alex Rounaghi Mayors reported on last week's National Conference of Mayors in Washington, D.C.
CONSENT CALENDAR
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Moved by Councilmember Sue Kempf, seconded by Mayor Alex Rounaghi, and carried unanimously 5/0 to approve items 4-9, 11-15, and 17.
MINUTES OF THE CITY COUNCIL MEETINGS
Approved the minutes of the Regular Meeting of the City Council of January 14, 2025. -3-
Laguna Beach City Council Minutes January 28, 2025
APPROVAL OF GENERAL WARRANTS AND PAYROLL DISTRIBUTIONS
Warrant #13: $2,640,196.22 12/20/2024
Warrant #14: $1,159.022.73 01/03/2025
$3,799,218.95
Payroll # 13: $1,943,733.68 12/27/2024
Payroll # 14: $1,705,552.86 01/10/2025
$3,649,286.54
Total: $7.448.505.49
Approved the general warrants and payroll disbursements.
8. MONTHLY INVESTMENT REPORT (NOVEMBER 2024)
Received and filed the November 2024 monthly investment report, with submissions from the City Treasurer, Laura Parisi, and the City's longer-term investment manager, Meeder Investments.
CLAIMS AGAINST THE CITY
(1) Rejected Claim #24-63 filed by Cheryl Weisman-Cohen; (2) Rejected Claim #24-52 filed by Brenda Echeverria;
(3) Rejected Claim #24-66 filed by Brandon Rosas;
(4) Rejected Claim #24-69 filed by Greg Hegge; and
(5) Rejected Claim #24-62 filed by Jackie Hage.
10. TOOVET TRAIL CONNECTION FEASIBILITY STUDY
This item was pulled from the Consent Calendar by Councilmember Bob Whalen for discussion.
Discussion: Staff responded to Councilmembers' questions.
Public Testimony: John Thomas, South Laguna Civic Association, Ann Christoph, and Cathy Jurca stated they did not support stopping efforts to establish a connection trail.
Moved by Mayor Alex Rounaghi, seconded by Councilmember Hallie Jones, and carried unanimously 5/0 to:
(1) Receive and file this update on the Toovet Trail Feasibility Study; and (2) Based on the significant property, regulatory, and environmental challenges, direct staff to discontinue further efforts on the Toovet Trail connection between OC Parks property and Ceanothus Drive at this time.
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Laguna Beach City Council Minutes January 28, 2025
AUTHORIZATION TO PURCHASE THREE ELECTRIC VEHICLES FOR THE
ANIMAL SHELTER AND ANIMAL SERVICES OFFICERS AND CHARGING
STATION
(1) Authorized the City Manager to purchase one 2025 VW Buzz electric van for the Animal Shelter, at a cost not to exceed $75,000 from the Animal Shelter Estate Donation Fund, which includes the van, electric charging equipment, installation, and necessary vehicle modifications;
(2) Authorized the City Manager to purchase two 2025 Ford F-150 Lightning electric trucks from Tuttle-Click Ford of Irvine for $102,000, and allocate $98,000 for custom-built animal containers with air conditioning, light bars, computers, radio communication equipment, and other necessary modifications, for a total cost of $200,000; and (3) Appropriated $30,000 from the Capital Improvement fund for the purchase and installation of a charging station for the Animal Services Trucks, as well as required electrical work in the City Hall rear parking lot.
12. REPLACEMENT ENGINES FOR THE MARINE SAFETY RESCUE VESSEL (1) Authorized the City Manager to purchase replacement engines from Hasting Marine for installation in the Marine Safety rescue vessel in an amount not to exceed $181,000; (2) Appropriated $181,000 from the Vehicle Replacement Fund to purchase and install the replacement engines; and
(3) Found the action exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines sections 15301 and 15303.
13. AMENDMENT TO SERVICE PROVIDER AGREEMENT FOR CUSTODIAL
MAINTENANCE SERVICES
Authorized the City Manager to amend Agreement #19-53 with Commercial Building Management, CBM, Incorporated to include custodial maintenance services at the Laguna Beach Community and Recreation Center for an additional $65,000 and a total agreement cost not-to-exceed $225,646.
14. RECREATION COMMITTEE 2025 WORK PLAN
Authorized the Recreation Committee to proceed with its 2025 Work Plan.
15. 2025 BEACH VOLLEYBALL TOURNAMENTS
Approved the proposed beach volleyball tournaments at Main Beach for 2025. -5-
Laguna Beach City Council Minutes January 28, 2025
16. REINITIATE THE WILDFIRE MITIGATION AND FIRE SAFETY AD HOC
COMMITTEE
This item was pulled from the Consent Calendar by Councilmember Sue Kempf for further discussion.
Presentation and Discussion: Staff gave a presentation and responded to Councilmembers' questions.
Public Testimony: Matt Lawson, Emergency Disaster Preparedness Committee, commented on the importance of fire prevention in Laguna Beach.
John Thomas stated he supported the city's efforts to mitigate wildfires.
Ann Christoph reiterated her suggestion to protect homes from fires with the usage of water cannons in neighborhoods.
Moved by Councilmember Bob Whalen, seconded by Mayor Alex Rounaghi, and carried unanimously 5/0 to:
(1) Approve the re-establishment of the Wildfire Mitigation and Fire Safety Ad Hoc Committee;
(2) Appoint City Council members Kempf and Whalen to serve on the committee; (3) Direct the Ad Hoc Committee to work with the League of California Cities and State representatives to advocate for legislation that exempts fuel modification, utility undergrounding projects, and other wildfire measures from the requirements of the Coastal Act and CEQA; and
(4) Direct the committee to return to the Council with an updated action plan addressing wildfire mitigation and fire safety priorities within 90 days (by April 28, 2025).
17. ADOPTION OF ORDINANCE AMENDING CHAPTER 10.02 (DRIVING
REGULATIONS) OF THE LAGUNA BEACH MUNICIPAL CODE BY ESTABLISHING
PRIMA FACIE SPEED LIMITS ON VARIOUS ROADWAY SEGMENTS
THROUGHOUT THE CITY
Adopted Ordinance #1710 titled, "AN ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING CHAPTER 10.02 (DRIVING REGULATIONS) OF
THE LAGUNA BEACH MUNICIPAL CODE BY ESTABLISHING PRIMA FACIE SPEED LIMITS ON VARIOUS ROADWAY SEGMENTS THROUGHOUT THE CITY;
AND FINDING SAID ACTION EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT."
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Laguna Beach City Council Minutes January 28, 2025
REGULAR BUSINESS
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18. CONTRACT AMENDMENT TO SOLID WASTE FRANCHISE AGREEMENT Presentation and Discussion: Staff gave a presentation and responded to Councilmembers' questions regarding the amendment to the solid waste franchise agreement.
Public Testimony: Lee Demartin voiced concerns that her solid waste fee had increased significantly under CR&R.
Moved by Councilmember Sue Kempf, seconded by Mayor Alex Rounaghi, and carried unanimously 5/0 to authorize the City Manager to execute the third amendment with CR&R to the Agreement for the Collection, Transportation, Processing and Diversion of Recyclable Materials, Food Scraps, Yard Trimmings, Construction, Transportation and Disposal of Municipal Solid Waste, to memorialize changes in the definitions related to multi-family dwellings and clean up items effective February 1, 2025.
PUBLIC HEARINGS
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A. APPEAL OF DESIGN REVIEW BOARD'S APPROVAL OF DESIGN REVIEW 23-0887 FOR ADDITIONS (NET 413 SQUARE FEET) INCLUDING UPPER LEVEL
ADDITIONS AND ELEVATED DECK ADDITIONS, GRADING, RETAINING WALLS, SPA, EXTERIOR REMODEL, AND LANDSCAPING, VARIANCE 23-0888 TO
EXCEED THE MAXIMUM BUILDING HEIGHT (LAGUNA BEACH MUNICIPAL CODE SECTIONS 25.10.008(D)(1) AND 25.51.010), AND REVOCABLE ENCROACHMENT PERMIT 23-0889 TO MAINTAIN SITE WALLS WITHIN THE
PUBLIC RIGHT-OF-WAY AND FINDING THE PROJECT CATEGORICALLY
EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
GUIDELINES SECTION 15301 AT 1560 SUNSET RIDGE DRIVE IN THE R-1,
RESIDENTIAL LOW DENSITY ZONE
Councilmember Hallie Jones recused herself from this item pursuant to the Levine Act (Govt Code Section 84308), due to contributions made to her election campaign exceeding $250 by an agent to the party of the application.
All Councilmembers disclosed communications with Steve Kawaratani; Councilmember Bob Whalen also disclosed communications with Larry Nokes and Thomas Schiller.
Presentation and Discussion: Staff gave a presentation and responded the Councilmembers' questions.
Testimony in Support of the Appeal: Larry Nokes, attorney for four neighbors, presented the concerns of the neighbors, including the roof height, decks, and elevator. He urged the City Council not to support the Design Review Board (DRB)-approved project and to remand to project back to DRB.
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David Palmer, representing appellant Thomas Schiller, commented on the height variance and why the applicant should not be granted the variance.
Thomas Schiller and Mike Anderson stated that the core issues of the project were height, mass, and scale.
Testimony in Opposition to the Appeal: Steve Kawaratani, representing the applicant, stated that concessions had been made to work with the neighbors. He said the appellant had failed to demonstrate that the DRB approval was unreasonable, invalid, or an abuse of discretion. Mayor Alex Rounaghi highlighted that the height variance would be a de novo determination, and asked if the elevator could be built without the height variance.
Kawaratani responded to Rounaghi's question.
David Parker, architect for the project, described the DRB-approved design and how it was neighborhood compatible. Councilmember Bob Whalen asked about the existing fourth level of the home and Parker responded. Mayor Alex Rounaghi asked about the increase in height and Parker answered Rounaghi's question.
Behrouz Rajaee, applicant, explained that they had worked with neighbors to mitigate any privacy or view concerns. He strongly urged the City Council to support the DRB's approval of the project.
Rebuttal: Larry Nokes and David Palmer, attorneys representing the appellants, stated that the project could be built without the height variance.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Mayor Sue Kempf, and carried unanimously 4/0 to direct staff to prepare a resolution granting the Appeal, overturning the Board's decision to approve the project due to the City Council's inability to make the findings for the variance, and remanding the project to the Board with findings in support of overturning and remanding the decision.
COUNCILMEMBER ITEM(S) - None.
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ADJOURNMENT
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There being no further business, Mayor Rounaghi at 8:43 p.m., Tuesday, January 28, 2025, adjourned to the City Council Annual Strategic Planning Workshop, at 8:30 a.m. to 4:00 p.m. Friday, January 31, 2025, then to the City Council Special Meeting on Promenade Plans and Scope, at 6:00 p.m. to 8:00 p.m., Tuesday, February 4, 2025, then to the City Council Interview 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, February 11, 2025, at City Hall, 505 Forest Avenue, Laguna Beach California. ****************
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Laguna Beach City Council Minutes January 28, 2025
Approved: February 11, 2025
Alla Rommi
Alex Rounaghi, Mayor
Ann Ntarie McKay, City Clerk
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
January 28, 2025
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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, January 28, 2025, in the City Council Chambers, 505 Forest Avenue, Laguna Beach, California.
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PRESENT COUNCILMEMBERS: Jones, Kempf, Whalen, Orgill, Rounaghi PARTICIPATING REMOTELY: None
ABSENT: COUNCILMEMBERS: None
ADJOURNMENT
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There being no further business, Mayor Rounaghi at 8:43 p.m., Tuesday, January 28, 2025, Tuesday, February 4, 2025, 6:00 p.m. - 8:00 p.m., then to the Interviews & Appointments to Committees & Board at 3:00 p.m., the Closed Session at 4:00 p.m., and the City Council Regular Meeting at 5:00 p.m., Tuesday, February 11, 2025, 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 January 2025.
NCORPORATE
Culk
TUNE 29.192
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, January 28, 2025, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on January 29, 2025, 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.
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City Clerk of the City of Laguna Beach, California