MINUTES LAGUNA BEACH CITY COUNCIL ADJOURNED AND REGULAR MEETING March 4, 2014

Transcription

1 MINUTES LAGUNA BEACH CITY COUNCIL ADJOURNED AND REGULAR MEETING March 4, 2014 An Adjourned and Regular Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, March 4, 2014, in the City Hall, 505 Forest Avenue, Laguna Beach, California, Mayor Pearson presiding. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Boyd, Dicterow, Iseman, Whalen, Pearson None Mayor Elizabeth Pearson led the Pledge of Allegiance. CLOSED SESSION ******************** Conference with Labor Negotiations (pursuant to Government Code section ): negotiations with the Laguna Beach Police Employees' Association, and Orange County Professional Firefighters Association; City representatives are John Pietig, City Manager, and Peter Brown, Liebert Cassidy Whitmore. Conference with Legal Counsel Regarding Anticipated Litigation (pursuant to Government Code section (d)(2)): two items. Conference Regarding Real Property Negotiations (pursuant to Government Code section ): ACT V parking agreement with Laguna College of Art + Design; project representative is Jonathon Burke, President; City representative is John Pietig, City Manager. EXTRAORDINARY BUSINESS ****************************** Report from Susan Reese Orange County Human Relations Commission Susan Reese, Board of Directors Vice President of the Orange County Human Relations Commission, presented the Commission's annual report and discussed the role of the Orange County Human Relations in partnership with cities. She listed the following services provided by the Orange County Human Relations Commission: mediation conflict, creating safe inclusive neighborhoods and schools, developing diverse leaders, building understanding and respect among all residents, and human relations and hate crime training for police officers. Reese noted that many of their services were county-wide, and she said their educational programs were open to the public. Reese presented Mayor Pearson with a certificate honoring the City of Laguna Beach for its outstanding commitment to fostering mutual understanding among residents and eliminating prejudice, intolerance and discrimination in order to make Orange County a better place for all people to live, work and do business.

2 2013 United States Lifesaving Association, Junior Lifeguard Essay Contest Marine Safety Chief Kevin Snow recognized Junior Lifeguard Emma Lineback for winning the 2013 United States Lifesaving Association (USLA), Junior Lifeguard Essay Contest. Chief Snow presented Lineback with a check for $100 from the US LA. Emma Lineback said she was very grateful and thanked Chief Snow and her parents for the opportunity to be a part of the Junior Lifeguard program. PUBLIC COMMUNICATION *************************** Matt Lawson discussed the City's vulnerability to disasters such as fires, landslides and floods. He said slope stability and flooding were big issues in his neighborhood. Lawson showed a before and after photo of the Pacific Vista Stabilization Project, and he thanked the City Council for moving forward with the appropriation for the project. He thanked Director of Public Works Steve May, and he said the project was beautiful. Lawson introduced Aaron and Leo, Pacific Vista neighbors, who created and presented a "thank you" card to the City for completing the project. Director of Public Works May said the City Council and Design Review Board deserved a lot of credit for approving the project and helping with the design. John Jalali, Caltrans engineer and Laguna Beach resident, said the City did a superb job with the project which was in a very sensitive area. He commended Director of Public Works May for being one of the best Directors to work with out of 32 municipalities. Bruce Hopping thanked Senator Mimi Walters and District Director Martin Paine for recognizing Fern Pirkle and Dale Ghere for their contributions and help in preserving open space on nearly 10,000 acres of Orange County coastline between Newport Beach and Laguna Beach, known as Crystal Cove. He requested that the City Council annually recognize "young artist community services" which was proposed by the Kalos Kagathos Foundation in Hopping stated that his repeated proposal that children in grades kindergarten through 12 should be required to learn to swim should be addressed. Anila Ali, Irvine resident, introduced herself to the City Council and stated that she had entered the race for California State Assembly, District 74, which included Laguna Beach. She noted that she was the only female Democratic candidate running, and she said she would like to get to know the City of Laguna Beach better. Darrylin Girvin said there had been graffiti on Thalia Street and Cress Street, and she said she would like the Police Department to look into it. Councilmember Dicterow asked if there was a phone number the public should call to report tagging. City Manager Pietia said the public should call the main City phone number and the Public Works Department would take care of the graffiti.

3 Gianne de Genevraye, who paints under the name of Gianne Harper, said she was invited by Councilmember Iseman to attend the City Council meeting and to display her artwork. She said she was a resident of Laguna Beach and also resided in the South of France. Genevraye said she had been invited to be a resident painter at the Hortense Miller Garden and she displayed three of her completed paintings. She said she offered a conference and lecture about the ecological aspects of planting water wise plants and she encouraged people to look at art and plants in a new way and to be inspired to plant water wise gardens. Genevraye said the Garden would display her paintings at their open house in March She said all of her paintings were done en plein air in front of her subjects. Genevraye said she was involved in a book project called A Perfect Garden in a Perfect Place. She said the book featured 12 public gardens one of which was the Hortense Miller Garden. Councilmember Toni Iseman said she had met Genevraye at a Sister City meeting and she was looking forward to a book signing. Dustin Reilich, Director of Municipal Development for Hero (Home Energy Renovation Opportunity), gave an overview of the Hero program. He said the program was a property assessed clean energy financing program that stimulated local job growth and allowed for homeowners and business owners to do clean energy upgrades to their homes and businesses. John Hamil, Sun Valley Drive, said that in anticipation of an upcoming "Work/Live" appeal on April 1, he suggested giving both sides more time to make their presentations in order to give a more thorough picture. COUNCIL AND STAFF REPORTS ****************************** City Treasurer Laura Parisi said that on February 25, she attended the 2013 Annual Financial Report to the county board of supervisors by the Treasury Oversight Committee. She noted that the Committee consisted of the following five members: The County Auditor/Controller; County Executive Officer; County Superintendent of Schools; and two public members, Vice Chancellor of the Orange Coast Community College District and City Treasurer of Laguna Beach. Parisi listed the following 2013 activities: 1) Reviewed and monitored the Investment Policy Statement; 2) Caused an audit to ensure compliance; 3) Reviewed the nine audit reports and four follow up audit reports; and 4) The 2012/13 investment compliance review by the Orange County Grand Jury. She stated that it was the opinion of the Treasury Oversight Committee that during the year 2013, the County Treasurer maintained an acceptable level of compliance with the statutory requirements. City Clerk Lisette Chel-Walker announced that there would be four vacancies on the Heritage Committee for terms that would begin April 1, She encouraged Laguna Beach residents who were interested in serving on the committee to obtain an application from the City Clerk's office or online on the City's website at '. lagunabeachcity.net. Chel-Walker said applications are due in the City Clerk's office by Tuesday. March 11, at 5:00 p.m., and interviews and appointments for the committee will be on Tuesday March 18, at the City Council meeting at 6:00 p.m.

4 City Manager John Pietig commended the downtown businesses for installing their flood-gates as directed for the predicted storm, and he said it was wonderful to see the businesses prepared. He reminded the City Council that the Legacy Ball was coming up on March 15. Pietig reported that the appellants, Steve and Dorothy Coontz, for agenda item 21, formally requested to withdraw their appeal regarding 845 Van Dyke Drive. He said the property owners and the appellants had reached a compromise primarily due to the property owner's agreeing to the following three changes: 1) Obscured glass is to be installed to a level of 5'-0" above the deck finish surface along the north side of the planter wall at the level 3 deck; 2) The 2'-6" north roof overhang at level 3 is to be cut back by 1'0- making a l'-6" roof overhang; and 3) The northwest corner of the level 3 roof is to be cut back by l'-10" toward the east. Councilmember Toni lseman said she was happy that the appeal was withdrawn; however, she said she had concerns that other people might be prepared to speak on the item since the item was noticed. She said the procedure was precedent setting, and she asked if parties should be cautioned that when a design review appeal is filed, the appellant had the option to withdraw their appeal. Iseman said she was not comfortable with allowing withdrawals since design review was so contentious. City Attorney Phil Kohn said that for purposes of design review, the appellant may unilaterally withdraw their appeal. He said that under design review multiple appeals may be filed and anyone who wishes to file an appeal is encouraged to do so and should not rely on the fact that someone else might be appealing a project. Kohn noted that unlike other matters appealed, design review appeals were limited only to the grounds stated in the appeal. Councilmember Steve Dicterow said that since the February 4 City Council meeting he had been extremely busy and attended over 30 different meetings and events. Councilmember Toni Iseman announced that Bob Moore, South Orange County Water Board and Volunteer Police Officer, celebrated his 90 th birthday. She stated that the Transit Workshop was very well attended. Iseman said the Laguna Community Concert Band had a great event with Lee Rocker at the Laguna Playhouse. She said the Historic Society had a great event that highlighted the life and career of Hobie Alter. Iscman said the Laguna Green Belt featured nature photographer and professional speaker Steve Kay who presented bird photos and videos. She said the Patriots Day Parade had to be canceled and she received an apology from the Beautification Committee because their theme was -please rain on our parade. - Mayor Pro Tern Bob Whalen said the Governor had signed legislation approving a $687 million drought-relief plan on an emergency basis that would be made available state-wide. He said he asked the City Manager to look into available state money.

5 CONSENT CALENDAR ********************* Moved by Councilmember Dicterow seconded by Mayor Pro Tern Whalen and carried unanimously 5/0 to approve items 1 4 and 6, 8 and APPROVED THE MINUTES OF THE ADJOURNED AND REGULAR MEETING OF THE CITY COUNCIL OF FEBRUARY 4, GENERAL WARRANTS $ 2,514, /31/2014 $ 2,158, /14/2014 PAYROLL #16 $ 908, /06/2014 PAYROLL #17 $ 906, /20/ RECEIVED AND FILED THE CITY TREASURER'S MONTHLY REPORT FOR JANUARY REJECTED CLAIM NO FILED BY LEONARD J. PORTO III AS RECOMMENDED BY THE CITY'S CLAIMS ADJUSTOR. 5. AWARDED CONTRACT #14-17 ANDERSONPENNA PARTNERS, INC. FOR DESIGN AND ASSESSMENT ENGINEERING FOR REPAIR AND REPLACEMENT OF THE MILLIGAN DRIVE BRIDGE Mayor Pro Tern Whalen said he was concerned about using City funds without assurance that the property owners would support the project. City Manager Pietig said the City was only able to provide a range of cost for an assessment until the assessment engineer had the opportunity to evaluate it. He said he could not say with confidence that the property owners would support the project; however, he said the bridge needed to be replaced for safety. Mayor Pearson said the City owned a portion of the area and time was of the essence. Councilmember Iseman said she was in favor of researching options for a smaller bridge in order to save money. Mayor Pearson ascertained that no member of the public wished to comment on the item. Moved by Councilmember Dicterow seconded by Councilmember Boyd and carried unanimously 5/0 to: 1) Appropriated $75,000 for final design of the Milligan Drive Bridge and assessment engineering for the proposed Milligan Bridge Assessment District, with a matching receivable due from the property owners within the proposed Assessment District; -5-

6 2) Awarded Contract #14-17 in the amount of $63,000 to AndersonPenna Partners, Inc. for final design of the Milligan Drive Bridge and assessment engineering for the proposed Assessment District, and authorized the City Manager to execute the contract on behalf of the City; and 3) Authorized the City Manager to approve additional expenditures up to $12,000 for unforeseen design or permit requirements. 6. ACCEPTED A DONATION IN THE AMOUNT OF $780 FROM CAROLINE F. MCCOMBES, IN MEMORY OF HER LATE HUSBAND DONALD ROBERT MCCOMBES, TO FUND THE REPLACEMENT FOR A STREET TREE THAT WAS REMOVED WITH THE MERMAID STREET RETAINING WALL PROJECT. 7. CONFIRMED THE LIST OF CITY COUNCIL PRIORITIES FOR Arnold Hano confirmed that a list of Council Priorities for 2014 had been provided to the public and that the list was established at the annual City Council retreat. Mayor Pro Tern Whalen said one of the items discussed at the annual City Council retreat was implementing longitudinal graphs for milestones and projected end points for projects to help the public better understand timelines. City Manager Pietig noted that the graphs were intended for the urban planning projects and would be discussed during item 16, Urban Planning Update and Coordinating Committee. Mayor Pearson suggested including who was assigned to oversee each project. She noted that the category that had the most projects listed under it was "Resident and Visitor Mobility." Moved by Mayor Pro Tern Whalen seconded by Councilmember Boyd and carried unanimously 5/0 to confirm the list of City Council priorities for AUTHORIZED THE CITY MANAGER TO ACCEPT THE DONATION OF $550, INCREASE ESTIMATED REVENUES BY $550, AND APPROPRIATE $550 TOWARD THE PURCHASE OF A NEW BASKETBALL BACKBOARD TO BE INSTALLED AT ALTA LAGUNA PARK. 9. AUTHORIZED THE CITY MANAGER TO PURCHASE TWO FOUR WHEEL DRIVE TOYOTA 4RUNNERS FROM SOUTH COAST TOYOTA FOR $68, INCLUDING ALL CHARGES TAXES AND FEES; AUTHORIZED THE CITY MANAGER TO AWARD CONTRACT # TO 911 VEHICLE FOR AN AMOUNT NOT TO EXCEED $54,000 FOR THE CONVERSION OF THE 4RUNNERS TO EMERGENCY RESPONSE VEHICLES; AND AUTHORIZED EXPENDITURES UP TO $10,000 TO REPLACE SPECIALIZED ONBOARD EQUIPMENT, WHEN REQUIRED, FOR AN AMOUNT NOT TO EXCEED $

7 REGULAR ORDER OF BUSINESS ******************************* 10. INTERVIEWED THE APPLICANTS AND MADE APPOINTMENTS TO THE ENVIRONMENTAL SUSTAINABILITY COMMITTEE City Manager Pietig announced that Timothy Hayes withdrew his application. He noted that Hayes indicated that he would be happy to contribute his knowledge to the Committee; however, he said he would not have time to effectively serve on the Committee. Scott Epstein, Tim Hayes, Deborah Neev and Stephen O'Neil made application. The City Council selected Scott Epstein, Deborah Neev and Stephen O'Neil to the Environmental Sustainability Committee to serve two year terms through March 31, Roll Call: Scott Epstein Tim Hayes Deborah Neev Stephen O'Neil Boyd, Dicterow, Iseman, Whalen, Pearson Withdrew Boyd, Dicterow, Iseman, Whalen, Pearson Boyd, Dicterow, Iseman, Whalen, Pearson Council Comments: Councilmember Iseman said she was the liaison to the committee and the resumes and talent, we are very lucky to have people like this who are willing to volunteer their services. 11. RECEIVED A REPORT FROM THE PARKING, TRAFFIC AND CIRCULATION COMMITTEE REGARDING WHAT THE COMMITTEE HAD ACCOMPLISHED IN THE PAST YEAR AND WHAT THEY WERE PROPOSING FOR THE UPCOMING YEAR Darrylin Girvin, Chair of the Parking Traffic and Circulation Committee, presented the Committee's annual report to the City Council. She thanked liaisons to the Committee Liz Vasquez-Avila, Mariann Tracy, Civilian Supervisor Jim Beres and Director of Public Works Steve May. Girvin said that in 2013, the Committee considered 31 requests, 11 of which were approved by the City Council. She said the Committees biggest accomplishment was the development of construction permitting process enhancements. Girvin noted that according to recent statistics, traffic accidents, injuries and DUI arrests had decreased. Girvin said that in 2014, the Committee planned to bring several recommendations to the City Council which would include traffic calming enhancements on Frontage Drive, a request from Councilmember Iseman to add two meters on St. Ann's Drive between Coast Highway and Glennerye and parking restrictions on Coastal View Drive. Councilmember Iseman suggested that the Committee should consider changing the direction of the traffic on Frontage Road which would stop people from cutting the traffic and taking a shortcut. Girvin noted that making Frontage Road only inbound could make the route more difficult for the trolleys, buses and emergency vehicles. -7-

8 1 1. ADOPTED RESOLUTION NO RATIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LAGUNA BEACH AND THE ORANGE COUNTY PROFESSIONAL FIREFIGHTERS ASSOCIATION, IAFF LOCAL 3631 (0CPFA). AND ADOPTED RESOLUTION NO MODIFYING THE EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AGREEMENT Director of Finance and Information Technology Gavin Curran said the proposed agreement would be effective from July 1, 2013, through June 30, 2017, and he said the agreement would save the City approximately $175,000. He highlighted major changes of the agreement. Questions of Staff: Mayor Pearson noted that agreement negations had been a long process, and she said she was pleased an agreement was reached. Public Testimony: John Latta, representing Laguna Beach firefighters, urged the Council to approve the proposed MOU. He noted that by 2016, the firefighters would have contributed a total of 12 percent toward their retirement, and he stated that no other firefighters in the County paid that much. Latta said that with labor security and the ability for the City to budget going into the future for a number of years, the City could begin addressing issues that were important to the fire and EMS safety of the community. He stated that everyone should never forget the purpose of the fire department which is to protect and serve the citizens of the community. Councilmember Dicterow confirmed that Latta and the members were satisfied with the agreement. Moved by Mayor Pro Tern Whalen seconded by Councilmember Dicterow and carried unanimously 5/0 to 1) Adopt Resolution No ratifying the attached Memorandum of Understanding between the Orange County Professional Firefighters Association, IAFF Local 3631, and the City; 2) Approve the salary schedules for employees represented by the Association; 3) Adopt Resolution No modifying the Employer Paid Member Contributions to the California Public Employees' Retirement System; and 4) Authorize the City Manager to modify the budget for the next two fiscal years to reflect the MOU modifications. 13. PROPOSED SPEED LIMIT INCREASES BY CALTRANS OF COAST HIGHWAY Director of Public Works Steve May said Ca'trans proposed to increase the speed limits on Coast Highway at several locations based on a recent speed zone survey. He said Ca'trans established speed limits on State highways in accordance with procedures prescribed by the California Vehicle Code. May said that in order to enforce speed limits by radar or lidar, the speed limit needed to be established in accordance with those procedures. He said Caltrans updated their traffic survey and submitted a proposal with speed limit increases at six locations for the City's evaluation. May said tonight's public hearing provided an opportunity for the Council and the public to provide input for Caltrans. He said there were several locations in the Emerald Bay and Crescent Bay area where Caltrans proposed a five mile-per-hour speed limit increase based on observation in the field and engineering judgment. -8-

9 Questions of Staff: Mayor Pearson confirmed that it was Caltrans making recommendations for speed limit increases and not the City. She confirmed that one purpose of increasing the speed limit was to be able to issue radar moving citations. May said that per Caltrans and the Department of Transit manuals, speed limits were set based on how fast the "eighty-fifth" percentile of drivers were driving and set at the closest five mile interval. He noted that if Caltrans did not establish the speed limits in accordance with the vehicle code, the City would not be able to enforce by radar or lidar at the proposed locations. City Manager Pietig said local jurisdictions were notified and given the opportunity to provide comments back to Caltrans for their consideration; therefore, he said the City would like public input. He said Caltrans had in the past considered the City's input; however, he said Caltrans needed to consider the States liability and the ability to enforce. Councilmember Dicterow noted that regardless of the City or public comments, ultimately Caltrans had the last say. He clarified with May that on suggested increase number 3, it should read "northbound from Aster Street to Boat Canyon Drive - rather than southbound. Councilmember Iseman confirmed with May that lidar was similar to radar but used laser and was more accurate, and she confirmed that if the increases did not go into effect, the City would not be able to cite for speeding via radar/lidar. Public Testimony: Charlotte Masarik, Village Laguna, read a letter from the Village Laguna Board. She said the Board was very concerned about recent considerations to raise speed limits on Coast Highway. Masarik urged the Council to obtain public input on safety issues before responding to Caltrans and to consider the effects of higher speed limits on pedestrians and cyclists. Liz Avalon, Planning Director for Emerald Bay Community Association, said retaining lower speed limits improved safety for all pedestrians, cyclist, and drivers. She said the Vehicle Code and the sections regarding engineering studies required for a radar certified speed limit; however, she said there were exceptions that allowed Caltrans to choose a speed limit that was five miles-per-hour lower than the closest speed limit to the 8.5" 1 percentile. Avalon listed a few exceptions and hazards that involved drivers entering, or exiting Emerald Bay gates and she urged the City Council to make the recommendation to Caltrans citing conditions not readily apparent and citing the number of cyclists and pedestrians which were all valid reasons not to increase the speed limit per the Vehicle Code. Lisa Marks said she was opposed to raising the speed limit in all locations. She said she was in favor of reducing the speed on Coast Highway in order to improve the quality of life in Laguna Beach. Marks said higher speeds were dangerous for cyclists and pedestrians. She suggested that Caltrans concentrate on traffic calming measures on Coast Highway to encourage drivers to drive slower naturally. Marks said there were abundant opportunities for the Police to cite drivers who did not yield for pedestrian zones. She said she was especially opposed to the proposed increase from Hinkle Place to Catalina Avenue. -9-

10 John Thomas said radar could be enforced as long as the Vehicle Code was followed. He read California Vehicle Code section 627, and he noted there were a number of factors that allowed latitude in setting the limits including conditions not readily apparent to drivers, accident records, residential density, pedestrian and bicycle safety. Thomas urged the City to discourage Caltrans from increasing the speed limits, especially at Hinkle Place. Dan-ilyn Girvin, Chair of the Parking, Traffic and Circulation Committee, said the Committee planned to add the issue of increasing speed limits to their agenda next month, and she said the public would be noticed in order to get more input and discussion. She said she was not in favor of increasing the speed limits. Bruce Hopping said increasing speed limits would help eliminate speed traps and would make the community safer. Council Comments: Mayor Pro Tern Whalen said he would like the Parking, Traffic and Circulation Committee to hear the item and get public input at their next meeting and then return the item to the City Council. He said he was concerned that if speed limits were increased by 5 miles-per-hour people would drive even faster. Whalen said he would like more public input and to create a strong case for not increasing the speed limits, and he said he would like findings made in a proper way that radar could still be enforced. Mayor Pearson said the City Council tape and all correspondence should be included with the City's response to Caltrans. Councilmember Dicterow questioned how effective the speed limit signs were since 85 percent of drivers already exceeded the limit by 5 miles-per-hour. Moved by Mayor Pro Tern Whalen seconded by Councilmember Dicterow and carried unanimously 5/0 to refer the matter to the Parking, Traffic and Circulation Committee to review the Caltrans proposal and public comments from the meeting, and return to the City Council with the Committee's comments at the first opportunity after the Parking, Traffic and Circulation Committee meeting. 14. LIFEGUARD HEADQUARTERS AND PUBLIC RESTROOM PROJECT UPDATE Chief of Marine Safety Kevin Snow presented a PowerPoint presentation on the progress of the lifeguard headquarters and public restroom construction. Project Manager Wade Brown presented a presentation on the project wrap up/schedule. He said the building was expected to be completed in mid-march, parking improvements completed in mid-april, move operations in mid-april, sewer lift station controls in mid-may and ribbon cutting in mid-may. Brown said the current budget included $7,156,000 for the Lifeguard Headquarters and Public Restroom project. He said the City Council originally authorized the City Manager to approve project related change orders up to a total of $719,000; however, he said due to unforeseen subsurface conditions, the additional costs were projected to be approximately $819,000. He noted that there would still be a savings of $465,000 in the project reserve

11 Mayor Pearson ascertained that no member of the public wished to comment on the item. Moved by Councilmember Boyd seconded by Councilmember Iseman and carried unanimously 5/0 to increase the project contingency and City Manager's authority to amend contracts and agreements for construction and construction related services from $719,000 to $819,000; and accept a small plaque from the Westgaard family that reads "At this site stood the Dean Westgaard Memorial Lifeguard Headquarters. - and direct the City Manager to install the plaque in the landscape planter on the south side of the building. 15. ESTABLISHMENT OF A SENIOR HOUSING TASK FORCE Director of Community Development John Montgomery said that on January 21, 2014, the City Council adopted the Housing Element of the General Plan. He said Housing Action Program 36 required the City to form a task force to consider senior citizen housing options. Montgomery said the item was routed to the Housing and Human Services Committee for their recommendation. He said the Committee recommended that the City Council consider including at least one senior citizen specialist, a real estate broker and one or more Housing and Human Services Committee member. Montgomery said the appointed task force would produce a report for presentation to the Planning Commission within nine months recommending possible locations in the City for various types of housing and potential funding sources. Mayor Pearson requested that a Councilmember, Planning Commissioner, and a Laguna Beach Seniors representative be included on the task force. She volunteered to be the Councilmember on the task force. She suggested one at large member and recommended Anne Johnson as the Planning Commission task force representative. Pearson said the City would advertise for volunteers and encouraged the public to submit resumes if interested in serving on the task force. Mayor Pearson ascertained that no member of the public wished to comment on the item. Moved by Councilmember Dicterow seconded by Councilmember Boyd and carried unanimously 5/0 to authorize staff to advertise for volunteers to form a task force that will include: one senior Citizen specialist, one real estate professional, three members of the Housing and Human Services Committee, as recommended by the Committee, one City Council member, Planning Commissioner Anne Johnson, one Laguna Beach Senior representative and one at-large member for appointment by the City Council at its April 22, 2014 meeting. Mayor Pearson volunteered to be the City Council representative.

12 16. URBAN PLANNING UPDATE AND COORDINATING COMMITTEE City Manager Pietig said the City had a number of important endeavors underway to address current urban planning challenges and was preparing for the community's future. He listed the following urban planning endeavors underway and recommendations to continue the City's progress: The Downtown / Laguna Canyon Road Parking Management Plan; Laguna Canyon Road Corridor Improvement Assessment (will be back before the City Council on April 1, 2014; Public Transit System study and stakeholder meetings with the Laguna Beach Chamber of Commerce; Visit Laguna Beach and the Laguna Beach Seniors; Downtown Specific Plan Update/Urban Planner; Village Entrance Project; Enhanced Mobility and Complete Streets Transition Plan; and Landscape and Scenic Highways Document Update. Pietig urged the Council to support the establishment of an Urban Planning Coordinating Committee which would consist of staff, relevant consultants, representatives from the Planning Commission and one or two Councilmembers to serve as liaisons to the Committee. He noted that the Committee would meet once a month to try and pull all the efforts together and to explore opportunities to improve services to the community. Pietig said one of the top priorities of Assistant City Manager Christa Johnson would be to organize the Committee and to be involved in each of the other sub-endeavors. He noted that he would like to increase the ability for the public to be aware of all public input opportunities and to be able to access information more easily through a web page dedicated to providing updates regarding urban planning efforts. Pietig listed the recommendations, and he said he would like to engage the public on the exciting and important endeavors for the future of the community. Councilmember Iseman asked if the meetings would be noticed. City Manager Pietig said the meetings would not be noticed public meetings. He said the Committee would coordinate the various efforts and get information out to the public about the public opportunities. Councilmember Dicterow said he was pleased that the efforts were finally coming together, and he said the purpose of the Committee was coordination and not substantive. He asked if the Committee would be a Council appointed committee as the other City committees. City Attorney Kohn said the proposed Committee would be an assembly of people formed by, directed by and reports to the City Manager. He said the proposed committee would not be a City Council created reporting or decision making body. Mayor Pearson ascertained that no member of the public wished to comment on the item. Councilmember Dicterow said he would like Assistant City Mana ger Christa Johnson to be the chair person and executive director of the Committee. He said he would like the following statement to be part of the agenda bill: "The City Manager is creating an Urban Planning Coordinating Committee that will meet once a month to communicate with and coordinate the various consultants, committees and task forces. - Mayor Pro Tem Whalen and Councilmember Dicterow volunteered to be on the Committee

13 Moved by Councilmember Boyd seconded by Mayor Pearson and carried unanimously 5/0 to approve: 1) Two City Councilmembers to serve as liaisons to the Urban Planning Coordinating Committee being formed by the City Manager and to attend meetings periodically; 2) Direct the City Manager to establish a web page dedicated to providing updates regarding urban planning efforts and to provide a quarterly report to the City Council, Planning Commission and the public regarding urban planning activities; and 3) Direct the City Manager to widely publicize public input opportunities in advance of meetings and provide a location on the new urban planning web page whereby people can sign up to receive messages about future public input opportunities. Moved by Councilmember Boyd seconded by Mayor Pearson and carried unanimously 5/0 to appoint Councilmember Dicterow and Mayor Pro Tern Whalen to serve as liaisons to the Urban Planning Coordinating Committee being formed by the City Manager and to attend meetings periodically. 17. AWARDED CONTRACT #14-19 TO PSOMAS FOR ASSISTANCE WITH CURRENT AND FUTURE UTILITY UNDERGROUNDING ASSISTANCE Director of Public Works Steve May said proposals were solicited and received for consulting services for a citywide utility undergrounding program and utility undergrounding assistance. He said City staff met with the City Council subcommittee, Councilmember Iseman and Councilmember Dicterow, and discussed options for proceeding with the two programs. He noted that the first program would involve a consultant's evaluation of, and reporting on, options for undergrounding all overhead utilities citywide. May said the second program would involve retaining a consultant to assist with current and future undergrounding assessment districts. He said one option considered for the citywide undergyounding program was a reduced scope of work to possibly reach a decision point without spending over $200,000. May said that of the two proposals received, Psomas presented a stronger team for both programs. He noted that Psomas reworked their citywide undergrounding proposal and provided a reduced scope of work and fee proposal for $49,000, with less extensive engineering analysis. May said he recommended that a contract be awarded to Psomas with a provision to evaluate the effectiveness of the program after six months. Questions of Staff: Mayor Pro Tern Whalen said the staff report indicated that the funding source for the programs would be the Street Lighting Fund which was projected to have a $2.4 million available fund balance at the end of the fiscal year on top of the $750,000 that had been set aside for undergrounding and streetlight replacement on Laguna Canyon Road. He asked what the average revenues were into the Street Lighting Fund each fiscal year. Director of Public Works May said the average revenues into the Street Lighting Fund each fiscal year were approximately $2 million.

14 Public Testimony: Dennis Eastman, energy consultant, made comments and suggested changes to improve the scope of work and he offered his services to the City. He stated that the overhead utilities in the entire City of Laguna Beach could be undergrounded within ten years or less from the day the first shovel went into the ground for an approximate estimate of $125 million. Mayor Pearson asked Mr. Eastman to give a brief history of his utility related background. Mr. Eastman said he had been in the Laguna Beach area for over 40 years, he was an executive with Southern California Edison, and he said he ran the distribution unit that kept the lights on in Laguna Beach. He noted that he was President of one of the Edison subsidiaries, and after it was sold, he said he operated utilities in Florida and Arizona. Eastman said he had concerns regarding the overhead utility lines and safety issues in the community. Councilmember Iseman asked him to expand on the safety issues he was concerned about. Mr. Eastman said the system was old, the wires were very small and he was concerned about the line clearance in Laguna Beach with all the trees. Pietig said he welcomed Eastman's involvement in the process, and he said his history with Edison would be helpful. Arnold Hano said Dennis Eastman was responsible for undergrounding an entire City in Florida in rather swift time. He said he proposed undergrounding the utilities in the City back in 1961, and he said he would like the project to be expedited. Chris Reed, 2495 Temple Hills Drive, said the Council would be commended for progressing with the undergrounding project. He said aesthetics and safety were important and the poles and wires were a nightmare. Reed noted that there were many advantages to undergrounding, and he stated that there would be more room for sidewalks and bicycles and undergrounding would raise property values. Council Comments: Councilmember Dicterow said in light of the testimony, the next step would be to have a reconvening of the subcommittee and to meet with Mr. Eastman so the Council could get better direction prior to moving forward. Mayor Pearson said she would like to establish priorities as it relates to public safety ingress and egress and disasters. She said she would like to begin by focusing on the priority areas that were more disaster prone and the funding.

15 City Manager Pietig suggested that if the Council approved the item tonight, established the budget and authorized the award of a contract, he said the subcommittee, Councilmembers, Psomas and Mr. Eastman could get back together, look at the scope of work and decide if everyone could agree on modifying the scope of work within the existing budget. Iseman said she was concerned that the contracts could drastically change after the subcommittee meeting, and she said she would prefer that the subcommittee meet prior to moving forward. She said it would be reasonable to move forward with recommendation "C"; to award a one-year contract to Psomas for assistance with current and future utility undergrounding and streetlight replacement assessment districts, with a contract provision to review and continue or terminate the contract after six months. Whalen agreed that recommendation "C" would be beneficial to the current efforts underway. Moved by Councilmember Dicterow seconded by Councilmember Iseman and carried unanimously 5/0 to award a one-year Contract #14-19 to Psomas for an amount not to exceed $110,000 for assistance with current and future utility undergrounding and streetlight replacement assessment districts, with a contract provision to review and continue or terminate the contract after six months; direct the Citywide Utility Undergrounding Subcommittee to reconvene within the next ten days with Dennis Eastman as a participant; and appropriate $110,000 from the available Street Lighting Fund available fund balance for assistance with the current and future utility undergrounding and replacement assessment districts. 18. AWARDED CONTRACT #14-20 TO ADVANCE UTILITY DESIGN FOR STREETLIGHT ACQUISITION EVALUATION Director of Public Works Steve May said that in September 2013, the City Council directed staff to obtain proposals from consultants to evaluate acquisition of the street lights in the City from the utility companies. He noted that acquisition of street lights would benefit the City to be able to outsource the maintenance of the lights for less than what the utility companies include in their fee structure and the City would have the ability to install more efficient lighting fixtures which would save money and energy. May said the City would need to pay the utility companies to acquire the street lights. He said part of the analysis would be working with the utility companies to evaluate the value of the existing street lights. May said staff only received one proposal for this service from Advance Utility Design, Inc. in San Clemente for $94,750. Questions of Staff: Mayor Pro Tern Whalen confirmed with May that the City currently paid Southern California Edison for the poles and the cost of the consumption of the electricity, and he confirmed that the lights were not currently energy efficient. Mayor Pearson ascertained that no member of the public wished to comment on the item.

16 Council Comments: Councilmember Iseman said the City of Huntington Beach had acquired their street lights and saved approximately $1 million per year. She said although the City's savings would not be as dramatic as Huntington Beach it still made sense for Laguna Beach to acquire the street lights. Iseman said the City would have a better selection of "dark sky" compliant fixtures. Mayor Pro Tern Whalen thanked Councilmember Iseman for pursuing the item. He said he was in favor of converting all of the street lights to LED lights in order to save on energy and cost. He noted that utility companies had an inflated view value of the poles. Moved by Councilmember Iseman seconded by Councilmember Dicterow and carried unanimously 5/0 to: 1) Appropriate $110,000 from the unappropriated Street Lighting Fund balance for evaluation of the possible acquisition of streetlights from Southern California Edison; 2) Award Contract #14-20 in the amount of $89,750 to Advance Utility Design, Inc. for the evaluation; and 3) Authorize the City Manager to execute the contract on behalf of the City and to make expenditures up to $20,000 for evaluations by Southern California Edison and for other related unforeseen tasks. 19. CONSIDERATION OF POSSIBLE ADJUSTMENT TO CAMPAIGN CONTRIBUTION LIMITATIONS City Clerk Lisette Chel-Walker said the current limit on campaign contributions was $360, established by the City Council in She said the Municipal Code provides that the amount shall be adjusted on January 1 of each even-numbered year to reflect changes in the Consumer Price Index, rounded to the nearest ten dollars. Chel-Walker said that in 2012, the City Council elected not to make an adjustment to the base amount. She noted that recent data from the Bureau of Labor Statistics indicated that the adjustment calculated for 2010 through 2013 and rounded to the nearest $10 would be $390. Chel-Walker said the Council should review the limitation, take public testimony and determine whether to keep the limitation at $360 or to increase or decrease the amount. Mayor Pearson ascertained that no member of the public wished to comment on the item. Council Comments: The Councilmembers agreed that the campaign contribution limit should remain at $360. Moved by Councilm ember Dicterow seconded by Councilm ember Boyd and carried unanimously 5/0 to take no action and keep the contribution limitation for the 2014 election cycle at $360.

17 PUBLIC HEARINGS FOR APPEALS ********************************** 20. GRANTED THE APPEAL AND OVERTURNED THE APPROVAL OF DESIGN REVIEW , REVOCABLE ENCROACHMENT PERMIT AND A CATEGORICAL EXEMPTION AT 1294 TEMPLE HILLS DRIVE AND REMANDED THE MATTER TO THE DESIGN REVIEW BOARD WITH DIRECTION; AND ADOPTED RESOLUTION NO MEMORIALIZING THE COUNCIL'S ACTION Zoning Administrator Liane Schuller said the appellants appealed the Design Review Board's approval of an addition to an existing single family home. She said the addition was approved at a second hearing by a 4-1 vote. Schuller said that at the initial hearing the Board generally complimented the design; however, she said the Board expressed the need to shift the addition away from the neighbors and to address massing issues and neighborhood compatibility. She said that at the second hearing the Board commented that the changes the architect had made addressed their concerns. Schuller said Board member Wilkes expressed that upon evaluating the project for the second hearing, he realized that the existing home represented a departure from neighborhood compatibility and the proposed addition was not really the reason the home was out of character for the neighborhood. She said Board member Wilkes commented, and Board members Simpson and McErlane agreed, that the changes the architect made from the first meeting based on the Board's direction, addressed the Board's concerns. Schuller said Board member Luizzi had expressed privacy and sustainability concerns at the initial hearing and at the second hearing still felt that some further changes needed to be made before she would vote to approve the project. She said Board member Zur Schmiede had been absent from the initial hearing; however, she said Zur Schrniede explained that while she had been absent, she visited the site, observed the staking from the appellants home, she reviewed the original and revised plans as well as the record from the initial hearing to bring herself up to speed before participating in the second hearing on the matter. Schuller said the architects would describe the design review process, from their perspective, and she said she wanted to point out that a portion of the existing home was to be removed in conjunction with the project. Questions of Staff: Councilmember Iseman confirmed with Schuller that the purpose of removing a portion of the home was to avoid triggering the need for a variance. Testimony in Support of the Appeal: Larry Nokes, representing Jessica and Carl McNicholas, said the appellants believed the Board abused their discretion. He said the alleged abuse occurred when the project was approved at the second hearing after the Board made a finding at the first hearing that the project was not neighborhood compatible. Nokes said the pivot by the Board was not supported by substantial evidence. He said design changes from the first and second hearings were characterized by the applicant's architect as "dramatic - and "severe, - yet the portion of the structure that was most affected at the first hearing was the second story which was lowered eight inches in height and the floor area which was reduced by five feet. Nokes said there were changes; however, he said none of the changes were significant in plain view with regard to the concerns of the neighbors. He displayed several pictures of the plans and view. Nokes urged the Council to send the project back to the Design Review Board with direction to bring the project into compatibility with the neighborhood. -17-

18 Carl McNicholas, 1320 Temple Hills Drive, said something went very wrong during the design review process. He said the Board articulated very negative observations at the first hearing and at the second hearing found minor changes meaningful. McNicholas stated that the Board spotted the lack of neighborhood compatibility at the first hearing but not at the second hearing. He said he was concerned about neighborhood compatibility and the pattern of development. Walter Srebnick, 980 Canyon View, said that after the first Design Review Board hearing the applicant made some changes which included slightly pulling back the master bedroom; however, he said that looking from his backyard, the changes were hardly noticeable. He said he was concerned about the impact on his privacy. Illena Srebnick, 980 Canyon View, said she was very concerned about the effect the proposed project would have on her privacy. Phillip Jones, 1311 Temple Hills Drive, said that in 2008, he wanted to remodel his home similar to the proposed project; however, he said the concept was rejected by the neighbors. He said he respected his neighbor's concerns and scaled back his plans dramatically and never altered his roofline Jones noted that the applicants never introduced themselves or consulted the neighbors regarding the proposed design. He said he was concerned that the proposed project would set a dangerous precedent which would change the appearance and personality of his neighborhood. Jones urged the Council to remand the project to the Design Review Board. Bill Parker said his view of the horizon was blocked by trees and the proposed addition. Parker noted that the project did not appear to be compatible with the existing environment of the neighborhood. He urged the Council to remand the project to the Design Review Board. Elizabeth Jones said she was concerned about the community and setting a precedent with the height of the proposed building. She said she wanted to ensure views and privacy were protected. Jessica McNicholas, 1320 Temple Hills, said she was disappointed by the design review process, and she said the Board was inconsistent between the first and second hearing. She said the appeal was the neighborhoods last chance, and she urged the Council to send the project back to the Design Review Board with clear direction about significant scale reduction and precise landscaping conditions. Testimony in Opposition of the Appeal: Gene Gratz, representing the Novak s, discussed the Municipal Code and the amended design review appeals process as amended in He stated that while a layperson might not use the words -abuse of discretion." they must at least in their Notice of Appeal show something done by the Board that was so egregious as to destroy the presumption of validity. Gratz noted that the appellants disagreed with the Board's conclusion which was insufficient. Alura Aguilera, project architect, showed diagrams of the project changes. She noted that in no case was the proposed design ever three stories. She urged the Council to support the Design Review Board's decision. -18-