Laguna Beach City Council Meeting Recap January 26, 2021 -1-
COUNCIL AND STAFF REPORTS
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CONSENT CALENDAR
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Moved by Councilmember Dicterow seconded by Mayor Pro Tem Pearson and carried unanimously 4/0 to approve items 1 –
PUBLIC COMMUNICATION
WELCOME
PLEDGE OF ALLEGIANCE
Mayor Whalen
ROLL CALL
Present: None
Participating Remotely: Blake, Iseman, Weiss, Kempf, Whalen
Absent: None
EXTRAORDINARY BUSINESS
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Introduction of New Police Chief Robert Thompson
City Manager John Pietig introduced Police Chief Robert Thompson and provided an overview of Chief Thomson’s biography.
Police Chief Robert Thompson commented that his family frequently visited Laguna Beach and he is grateful for the opportunity to serve this community. He stated that he looks forward to being a productive member of the team.
PUBLIC COMMUNICATIONS
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MJ Abraham, founder of lagunabeachchat.com, which she stated promotes accountability and transparency, submitted that the Council makes decisions that impact people’s daily lives. Ms. Abraham requested that the Council acknowledge that a substantial number of Laguna Beach citizens want an open recruitment for the selection of the City’s top administrator, using a search firm. She also requested that the Council consider candidates in an unbiased fashion, with an open mind. Ms. Abraham stated that the process should be fair to all applicants, and internal knowledge should not be an eliminating factor. Ms. Abraham stated that a thorough investigation of all candidates should be conducted, specifically to identify instances of misuse of funds or employee harassment. She suggested that an employee satisfaction survey be conducted, and a resident survey to determine the professional qualifications and attributes the public would like to see in the next City Manager. Ms. Abraham thanked City Manager John Pietig for his 20 years of public service and reiterated that the Council has a big responsibility.
CITY COUNCIL MEETING
RECAP
Tuesday, January 26, 2021
City Council Virtual Closed Session 3:00 p.m.
Regular Virtual City Council Meeting 5:00 p.m.
CITY OF LAGUNA BEACH
505 Forest Ave., Laguna Beach
Attachment 3
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PUBLIC COMMUNICATIONS
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Ann Christoph submitted that there needs to be changes in how remote meetings are conducted to address disadvantages. She suggested that the Council ask questions of speakers when testimony is disputed. Ms. Christoph noted that the public is limited to three minutes, but staff is not. She stated that the public used to be able to wave their arms, give a thumbs down, etc., to express their views, but with the current Zoom format, there are no similar opportunities. Ms.
Christoph also noted an issue with the public presenting their own visual aids. Ms. Christoph explained that she had to submit the presentation she planned to provide at a Design Review Board meeting early, and that presentation was circulated internally, leading staff to write a memo to the Board ahead of the meeting, disputing points in her presentation. Ms. Christoph stated that she did not receive a copy of that memo despite requesting it. She suggested letting the public know how they can show their presentations, and direct staff to treat such information as confidential until it is presented. She also suggested having speakers from the public shown on the screen.
Michèle Monda referenced a recent article published in the Laguna Beach Independent on Assistant City Manager Shohreh Dupuis’ bid to be Laguna Beach’s next City Manager. She suggested that the City conduct a satisfaction survey for City employees, and she stated that she requested two years ago that departing employees receive an exit interview to determine causes behind rumors of unrest. Ms. Monda asserted that it is incumbent on the City Council to find out what issues exist to ensure the incoming City Manager knows what needs to be addressed. Ms.
Monda advocated for an open, transparent, nationwide search. She stated that the City pays an attractive amount and therefore should attract the best and brightest. Ms. Monda stated that outside candidates would bring fresh new ideas. She stated that candidates should be good with people and responsive. Ms. Monda stated that she is thrilled with the selection of the highly qualified new Police Chief, and noted that the City also hired outside to fill the Fire Chief position and the Director of Community Development position, so questioned why the City would not seek outside candidates for the top position in the City. Ms. Monda referenced a poll conducted on the NextDoor social media platform that showed that 77% of respondents support an open recruitment for the City Manager position, and she requested that the Council listen to residents.
Johanna Felder stated that she wants to participate in the process to select the best candidate for City Manager, one with vision and creativity. She recommended a robust search for the most qualified person that involves staff and community participation.
Anne Caenn encouraged the City Council to find the best candidate for City Manager. She suggested developing a detailed job description to reflect the needs of this unique town with its unique issues.
Trish Sweeney asserted that the need for an open recruitment is clear. She stated that the general public has not been included in past processes, which has caused mistrust in the process. Ms.
Sweeney supported a transparent process and an open recruitment. She stated that Laguna Beach deserves to recruit the best of the best.
Joy Dittberner, Executive Director of the Laguna Dance Festival, thanked the Council for all that it has done during these difficult times.
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Jennifer Zeiter, Greater Laguna Beach GOP, concurred with the other speakers regarding the recruitment process for the next City Manager. She opined that Ms. Dupuis is not a good fiscal steward and omits important facts when providing information to the Council.
COUNCIL AND STAFF REPORTS
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Mayor Pro Tem Sue Kempf advised that LOCA is having an online auction this weekend to support local arts education programs. For more information, visit www.32auctions.com/loca.
Mayor Pro Tem Kempf also showed the ABC 7 “good news” piece on the current City Hall exhibition of LCAD art that captures life in the time of COVID-19.
City Manager John Pietig stated that the State’s stay-at-home order has been lifted, meaning Orange County is back in the purple tier, permitting promenade activities and outdoor dining to resume. He noted that the order was lifted because ICU availability is expected to get to the 15% level in the next few weeks; however, he encouraged everyone to remain vigilant and continue to observe safe practices to continue to slow the spread of Covid-19. Mr. Pietig noted that vaccine efforts are underway and Laguna Beach has been assisting with staffing of the SuperPODS, primarily with paramedics certified to administer the vaccines. He stated that the City is preparing to also support with administrative staff and may potentially hire part-time staff dedicated to the effort. Mr. Pietig advised that the City is hoping for cost recovery based on President Biden’s recent orders. He also stated that staff is working with senior groups to coordinate and assist with all efforts, but he noted that vaccine supply is a huge problem. On a positive note, Mr. Pietig stated that the Community Clinic is setup to start vaccinating.
Mayor Pro Tem Sue Kempf stated that she called Cody Engle, President of the Laguna Beach Seniors, to address difficulties that senior citizens and others are having with accessing the vaccine appointment sites, to hopefully provide technical assistance.
City Manager John Pietig responded that the County is experiencing the same issue at the SuperPODS with adequately assisting those that struggle with technology. He noted that the County established a telephone support line, but they are being overwhelmed. He also acknowledged the issues with the County’s Othena app, but assured that the County is working on it and the app is improving. Mr. Pietig stated that it is a great idea to work with the Laguna Beach Seniors, and he advised that the City has also been working with Nadia Babayi, Executive Director of the Laguna Beach Senior Center.
Mayor Bob Whalen suggested that Mayor Pro Tem Sue Kempf contact Sonny Myers, Director of Laguna Beach CERT, to also provide assistance.
Councilmember George Weiss noted that the Planning Commission voted 5/0 to approve Rivian’s plans for the theater. He advised that Commissioner Jorg Dubin asked about the murals, and learned that they were removed by the current owner. Councilmember Weiss advised that one mural was destroyed and one was restored. He stated that the current owner refused Rivian’s request to include the murals as part of the sale, so he suggested that the City attempt to negotiate with the owner to have the murals become City property.
Councilmember Peter Blake asserted that the “best of the best” is Shohreh Dupuis, from his experience the last two years. He stated that he looks forward to having the first female City Manager in the City’s history.
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Mayor Bob Whalen noted the assistance provided by Captain Jeff Calvert to address the City’s problem with loud vehicles, and he thanked all the staff involved in crafting draft legislation. He advised that Assemblywoman Cottie Petrie-Norris has agreed to introduce the legislation, and now the City needs to get a coalition of cities to support it. Mayor Pro Tem Sue Kempf commented that Laguna Niguel would likely support the legislation, based on the digital warning signs displayed in the city, and Mayor Whalen stated that Newport Beach would also support, but cautioned that there is a strong automobile lobby group that defeated past attempts.
CONSENT CALENDAR
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Moved by Mayor Bob Whalen seconded by Councilmember Toni Iseman and carried unanimously 5/0 to approve items 1-3, 5, and 8-10 (Councilmember Peter Blake abstained on Item #10).
1. MINUTES OF THE CITY COUNCIL MEETING
Approved the Minutes of the Adjourned and Regular Meeting of the City Council of January 12, 2021.
2. WARRANT LISTING
Approved the General Warrants and payroll disbursements attached to the Agenda Bill.
Warrants $ 2,428,439.11 01/08/2021
$ 555,000.00 LB CARES Grants 01/08/2021
$ 33,250.00 LB Comm. Foundation 01/11/2021
$ 3,016,689.11
Payroll #15 $ 1,210,254.13 01/15/2021
Total: $ 4,226,943.24
3. AN ORDINANCE OF THE CITY OF LAGUNA BEACH TO AMEND LAGUNA BEACH MUNICIPAL CODE SECTIONS 25.08.018, 25.52.004, 25.52.006 AND 25.52.012 AS
MODIFIED BY THE CALIFORNIA COASTAL COMMISSION RELATING TO THE
REGULATION OF COMMERCIAL PARKING PER LOCAL COASTAL PROGRAM AMENDMENT 18-1938 AND ZONING ORDINANCE AMENDMENT 18-1937 Adopted the Ordinance, which amends the Municipal Code relating to commercial parking, by approving a motion to waive reading and adopt the ordinance.
4. 2021 UPDATE OF RECORDS RETENTION SCHEDULE
Moved by Councilmember Kempf seconded by Councilmember George Weiss and carried unanimously 5/0 to adopt the Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, UPDATING THE CITY’S RECORDS RETENTION SCHEDULE.”
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5. AWARD OF CONTRACT FOR RAMONA AVENUE ALLEY DECORATIVE PAVING
REPLACEMENT
(1) Awarded and authorized the City Manager, or his designee, to execute a contract with Gentry General Engineering, in the amount of $211,865 for the Ramona Alley Decorative Paving Replacement; and
(2) Authorized the City Manager, or his designee, to approve expenses related to change orders for unforeseen circumstances for a total amount not to exceed $22,000.
6. ESTABLISHMENT OF A TEMPORARY PUBLIC ART DONOR PROGRAM Moved by Mayor Bob Whalen seconded by Mayor Pro Tem Sue Kempf and carried unanimously 5/0 to approve the Embracing People and Place through the Arts program, to establish an art donor program, identify new public exhibit locations, and recognize potential artists to commission for temporary public art installations.
7. 2021 STATE AND FEDERAL LEGISLATIVE PLATFORM
Moved by Mayor Pro Tem Sue Kempf seconded by Councilmember Toni Iseman and carried unanimously 5/0 to:
(1) Adopt the City of Laguna Beach 2021 State and Federal Legislative Platform as attached to the Agenda Bill; and
(2) Authorize the Mayor and the City Manager, with the Mayor’s approval, to submit advocacy letters on behalf of the City if the proposed legislation falls within the adopted Legislative Platform.
8. EMPLOYEE BENEFITS BROKER SERVICES
Authorized the City Manager to execute an agreement with Burnham Benefits Insurance Services for the period of February 1, 2021, through December 31, 2023 for employee benefit brokerage services in the amount not to exceed $75,000 annually, with an option to extend the agreement for an additional one-year term.
9. WITHDRAW OF APPEAL - APPROVAL OF THE FINAL ONE-YEAR EXTENSION OF TIME REQUEST FOR DESIGN REVIEW 16-1358, REVOCABLE ENCROACHMENT PERMIT 16-1359, AND CEQA CATEGORICAL EXEMPTION IN THE R-1 (RESIDENTIAL LOW DENSITY) ZONE AT 515 ALTA VISTA WAY
Approved the appellant’s request to withdraw the appeal of 515 Alta Vista Way. 12 Laguna Beach City Council Meeting Recap January 26, 2021 -6-
10. DOWNTOWN TREE LIGHTING PROGRAM
(1) Authorized the City Manager, or his designee, to execute an agreement with the Laguna Beach Chamber of Commerce and appropriated $31,000 from the Street Lighting Fund to extend the Downtown Tree Lighting Program through the end of FY 2020-21; and (2) Authorized the City Manager, or his designee, to extend the agreement for five additional one-year terms, in an amount not to exceed $120,000 per year, with an annual CPI-based rate adjustment, subject to annual budget approval.
REGULAR ORDER
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18. UPDATE ON LOCAL COVID-19 ASSISTANCE GRANT PROGRAMS
(1) Moved by Mayor Bob Whalen seconded by Councilmember George Weiss and carried unanimously 5/0 to direct staff to use $116,000 from the remaining LB CARES Restaurant and Bar allocation to fund the 58 qualified retail businesses not awarded during round one, and $60,000 to fund the Cultural Arts Grant funding deficit, and use the remaining balance, up to $64,000, to work with non-qualified LB CARES applicants to correct submission errors that disqualified their application during Round 1;
(2) Moved by Mayor Pro Tem Sue Kempf seconded by Councilmember Toni Iseman and carried unanimously 5/0 to approve the expedited schedule for the Community Assistance Grant and the Cultural Arts Funding Grant with a submission deadline of February 22, 2021, and a funding distribution of April 9, 2021;
(3) Moved by Mayor Bob Whalen seconded by Councilmember George Weiss and carried unanimously 5/0 to appoint Councilmember George Weiss and Mayor Bob Whalen to review the Community Assistance Grant applications;
(4) Moved by Mayor Bob Whalen seconded by Councilmember Toni Iseman and carried unanimously 5/0 to approve the Laguna Beach Community Foundation’s request to amend the $300,000 appropriation, to a $150,000 donation for immediate one-time use, and $150,000 to be used as a matching grant fund for the COVID-19 Relief Grant; (5) Moved by Mayor Bob Whalen seconded by Mayor Pro Tem Sue Kempf and carried unanimously 5/0 to approve the LB CARES Hotel Grant alternative program as amended by the Council, excluding hotels in default and granting $5,000 to those hotels that reported more TOT over the period than the previous year, with a cap of $600,000 for the program; and (6) Moved by Mayor Bob Whalen seconded by Councilmember George Weiss and carried unanimously 5/0 to appropriate $600,000 for the LB CARES Hotel Grant program and increase the Transient Occupancy Tax budget estimate by the same amount to account for the change in the revenue estimate.
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19. AN ORDINANCE OF THE CITY OF LAGUNA BEACH TO AMEND LAGUNA BEACH MUNICIPAL CODE CHAPTERS 11.06, 25.07, AND 25.55 RELATING TO THE
REGULATION OF WIRELESS TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY PER ZONING ORDINANCE AMENDMENT 20-7713 AND LOCAL COASTAL PROGRAM AMENDMENT 20-7714
Moved by Mayor Bob Whalen seconded by Councilmember Weiss and carried 4/1 to:
(1) Introduce the Ordinance relating to the regulation of wireless telecommunications facilities within the public rights-of-way by 1) asking the City Clerk to read the title of the Ordinance and 2) approving a motion to waive further reading of the ordinance and to pass it to second reading; and
(2) Adopt the Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAGUNA BEACH, CALIFORNIA, APPROVING REVISIONS TO THE
GUIDELINES FOR SITE SELECTION AND VISUAL IMPACT AND SCREENING OF TELECOMMUNICATIONS FACILITIES AND A CATEGORICAL EXEMPTION” to update the Guidelines for Site Selection and Visual Impact and Screening of Telecommunication Facilities, to take effect immediately.
Roll Call:
Ayes: Blake, Weiss, Kempf, Whalen
Noes: Iseman
ADJOURNMENT
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ADJOURNMENT AT 9:08 P.M., TUESDAY, JANUARY 26, 2021,
TO THE VIRTUAL SPECIAL CLOSED SESSION AT 9:00 A.M.,
AND THE VIRTUAL SPECIAL CITY COUNCIL MEETING AT 9:30 A.M., SATURDAY, JANUARY 30, 2021
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