Laguna Beach City Council Minutes January 25, 2022
MINUTES
LAGUNA BEACH CITY COUNCIL
VIRTUAL REGULAR MEETING
January 25, 2022
A Virtual Regular Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, January 25, 2022, in the City Hall, 505 Forest Avenue, Laguna Beach, California, Mayor Kempf presiding.
ROLL CALL
PRESENT: COUNCILMEMBERS: Kempf
PARTICIPATING REMOTELY: COUNCILMEMBERS: Blake, Iseman, Weiss, Whalen ABSENT: COUNCILMEMBERS: None
Mayor Pro Tem Whalen led the Pledge of Allegiance.
CLOSED SESSION
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Conference with Legal Counsel Regarding Anticipated Litigation (pursuant to Government Code section 54956.9(d)(2)) - significant exposure to litigation against the City - one item.
Ses noney Pail koen of ported the there was no reporabs action from this evenine Closed
PUBLIC COMMUNICATIONS
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Gene Felder reiterated the request he made at the last Council meeting, for a direct answer on whether or not the City Council discussed litigation at the June 29, 2021, Closed Session regarding the Hotel Laguna project.
Michel Monda asserted that the City Manager cut off public comments at the last meeting, and also cut off Councilmembers.
Merrill Anderson stated that he has been impressed with police officers' de-escalation abilities and effectiveness, and he was alarmed by the survey results reported in the Laguna Beach Independent and the City Manager's quoted response.
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COUNCIL AND STAFF REPORTS
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City Clerk Ann Marie McKay reported that 30 applications were received for the 19 committee openings, and she will be sending the applications to the Councilmembers tomorrow. She advised Mayor Pro Tem Bob Whalen that one committee, the View Restoration Committee, received fewer applications than available openings.
City Manager Shoreh Dupuis advised that her comments in the article in the Laguna Beach Independent were written out of context; her focus was on the survey done by Polco, and the series of recommendations from a police employee task force that has 20 officers of different ranks and an employee task force that consisted of employees from all departments, including multiple police employees, will be presented to the Council at its March 4, 2022, strategic planning session.
City Manager Shoreh Dupuis also advised that due to her concern about any employee departure, regardless of the reason, she has established a policy that she personally performs an exit interview with every departing employee.
City Manager Shoreh Dupuis announced that the annual grant programs, Cultural Arts and Community Assistance, are currently open for applications. Applications for Cultural Arts Funding will be accepted through February 7, 2022, and applications for Community Assistance Grants will be accepted through April 27, 2022. Funds awarded through these grant programs will be available in the next fiscal year, which starts July 1, 2022.
Councilmember George Weiss reported that he attended the Environmental Sustainability Committee meeting on Monday, and also saw the Housing & Human Services Committee (HHSC) presentation that was given at the Village Laguna meeting. Councilmember Weiss encouraged the Council to work with the HHSC on accomplishing its housing goals.
In response to Councilmember Weiss' question regarding previous recommendations made regarding how grant funding is spent, City Manager Shoreh Dupuis advised that the recommendations were included as part of the grant application, to identify how the funding will be spent, and if funding was previously received, to explain how the funding was used.
Regarding Mr. Felder's request, City Attorney Phil Kohn advised Councilmember Toni Iseman that the matter is closed, and he has no further comment.
Councilmember Peter Blake read an editorial by Chris Quilter in the Laguna Beach Independent regarding the District Attorney actions related to the June 29, 2021, Closed Session, and Councilmember George Weiss disputed the assertions made. -2-
Laguna Beach City Council Minutes January 25, 2022
CONSENT CALENDAR
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Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to approve items 1-6 and 8.
MINUTES OF THE CITY COUNCIL MEETING
Approved the Minutes of the Regular Meeting of the City Council of January 11, 2022.
WARRANT LISTING
Approved the General Warrants and payroll disbursements.
Warrants: $3,784,744.07 01/07/2022
Payroll #14: $1,327,129.01 12/30/2021
Total $5.111,873.08
CITY TREASURER'S MONTHLY INVESTMENT REPORT FOR DECEMBER 2021 Received and filed the Monthly Investment Report for December 2021.
RESOLUTION DELEGATING AUTHORITY TO THE CHIEF BUILDING OFFICIAL
FOR ENFORCEMENT OF CALIFORNIA BUILDING STANDARD CODES RELATED TO FIRE AND PANIC SAFETY FOR GROUP R-3 OCCUPANCY DWELLINGS Adopted Resolution #22.006 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, DELEGATING AUTHORITY TO THE
CHIEF BUILDING OFFICIAL FOR ENFORCEMENT OF CALIFORNIA BUILDING STANDARD CODES RELATED TO FIRE AND PANIC SAFETY FOR GROUP R-3 OCCUPANCY DWELLINGS" with the addition of ADUs.
EXTENSION OF EMERGENCY DECLARATION RELATED TO COVID-19
Adopted Resolution #22.007 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, PROCLAIMING THE NEED TO
CONTINUE LOCAL EMERGENCY, AND AUTHORIZING EMERGENCY ORDERS, RULES AND REGULATIONS" for an additional 60-day cycle.
TEMPORARY SCULPTURE INSTALLATION OUTSIDE CITY HALL
Approved the temporary installation by the Laguna Art Museum of the sculpture titled "Anastatis" by Gerard Stripling, from February 1 through February 28, 2022, to recognize Ethnic Diversity and Black History month.
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Laguna Beach City Council Minutes January 25, 2022
7. AMENDMENT TO SERVICE PROVIDER AGREEMENT FOR THE DOWNTOWN
TREE LIGHTING PROGRAM
Councilmember George Weiss pulled this item requesting a clarification of costs from staff.
City Manager Shoreh Dupuis responded to Councilmember Weiss explaining the tree lighting program and the purpose of the amendment. She said the tree lighting program not only helped downtown businesses, but also increased safety, and she explained. Dupuis stated that it would be an additional $18,000 to light up 21 trees.
Public Testimony: Ruben Flores did not support the extension of the holiday tree lighting program, and he suggested installing low voltage lighting in the downtown.
Councilmember Comments: Mayor Pro Tem Bob Whalen said he agreed with Flores. He added that he would support lighting the downtown more "tastefully and thoughtfully" rather than utilizing holiday lights throughout the year.
City Manager Shoreh Dupuis said staff could evaluate replacement lighting.
Councilmember Peter Blake commented that the tree lighting program was a temporary measure to brighten the downtown.
City Manager Shohreh Dupuis confirmed that assessing alternative lighting would need to go through the Planning Commission design review process, and staff could return to the City Council with recommendations in 12 months.
Mayor Sue Kempf requested the item be discussed at the March 4, 2022, strategic planning session.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Peter Blake, and carried unanimously 5/0 to:
(1) Authorize the City Manager, or her designee, to amend Agreement #21-08 with the Laguna Beach Chamber of Commerce, in the amount of $18,100, to enhance the Downtown Tree Lighting Program for a total program cost of $130,100 in FY 2021-22; and
(2) Appropriate $18,100 from the Street Lighting Fund available fund balance for the Downtown Tree Lighting Program enhancements.
(3) Direct staff to evaluate alternative permanent lighting strategies outside the holidays to be discussed by the Council at the March 4, 2022, strategic planning session. -4-
Laguna Beach City Council Minutes January 25, 2022
AMENDMENT TO SERVICE PROVIDER AGREEMENT FOR PLANNING SERVICES Authorized the City Manager, or her designee, to amend Agreement #21-121 with Sagecrest Planning and Environmental to provide additional planning services in the amount of $40,000 through June 30, 2022.
REGULAR ORDER
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CITY OPERATED IN-HOUSE AMBULANCE TRANSPORT SERVICE BUDGET City Manager Shoreh Dupuis introduced the item.
Staff Report: Director of Administrative Services Gavin Curran gave a presentation discussing the proposed budget for the in-house ambulance transport service. Fire Chief Mike Garcia continued with the presentation on staffing options. Director of Administrative Services Gavin Curran concluded by listing the staff recommendations.
Questions of Staff: Mayor Pro Tem Bob Whalen commented on the collection rates. He asked about reimbursements for the service. Director of Administrative Services Gavin stated that there would be federal services available to help offset the Medicare and MediCal reimbursements.
Councilmember George Weiss asked about the private pay collection rate of five percent.
Fire Chief Mike Garcia responded to Councilmember Weiss and explained the low collection rate and the billing process.
Mayor Sue Kempf voiced concerns about carrying receivables and the collections process.
She requested a status update from staff in June.
Public Testimony: Matt Lawson, Emergency and Disaster Preparedness Committee (EDPC), said he supported the staff recommendations. He commented that this was a complicated issue, and he added that it was important to provide the best fire safety and patient care available.
Tom Gibbs, EDPC, said he supported the recommended action. He said the one-year review of the program would allow the city to evaluate the initial efforts while allowing time to determine the alternative service models.
Councilmember Comments: Councilmember Toni Iseman asked about the scenario whereby the program was fiscally unsuccessful.
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Laguna Beach City Council Minutes January 25, 2022
Director of Administrative Services Gavin Curran responded to Councilmember Iseman's question, stating that this would be assessed in the one-year review and adjustments to the model could be made at that time, and a discussion ensued.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Peter Blake, and carried unanimously 5/0 to:
(1) Amend the Fiscal Year 2021-22 Budget to include the Ambulance Program Budget and Division as shown on Attachment 1, page 8;
(2) Increase the number of authorized positions in the Fiscal Year 2021-22 Budget by 12 Ambulance Operator positions and 1 Ambulance Coordinator position; (3) Authorize the City Manager, or her designee, to purchase the start-up equipment for the Ambulance Program;
(4) Adopt Resolution #22.008 titled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, SETTING PAY RANGES FOR CITY EMPLOYEES" which ratifies the Classification Title and Range Assignment for the Ambulance Operator and Ambulance Coordinator positions; (5) Authorize the City Manager, or her designee, to purchase three Lucas Chest Compression systems and associated equipment from Stryker Medical for an amount not to exceed $49,000;
(6) Authorize the City Manager, or her designee, to purchase three Power-PRO XT gurneys and three Stair-PRO Model 6252 from Stryker Medical for an amount not to exceed $48,000; and
(7) Authorize the City Manager, or her designee, to execute professional services Agreement #22-02 with Wittman Enterprises, LLC for billing services associated with the Ambulance Program for 4.5% of fee revenue collected annually. (8) Direct staff to provide a readiness report in June, and information on how Wittman Enterprises will handle collections.
10. LOCAL COASTAL PROGRAM AMENDMENT 19-4482 AND ZONING ORDINANCE AMENDMENT 19-4483 FOR UPDATE OF DOWNTOWN SPECIFIC PLAN (DSP)
BUSINESS PERMITTING AND PARKING STANDARD COMPONENTS AND TO
AMEND PORTIONS OF THE LAGUNA BEACH MUNICIPAL CODE RELATING TO
ARTISTS' WORK/LIVE AND THE DSP, AS MODIFIED AND APPROVED BY THE CALIFORNIA COASTAL COMMISSION. LOCAL COASTAL PROGRAM
AMENDMENT 22-0016 AMENDING TABLE 5-1 (ALLOWED USES AND PERMIT
REQUIREMENTS) OF THE DOWNTOWN SPECIFIC PLAN RELATING TO
FORMULA-BASED EATING AND DRINKING ESTABLISHMENTS
Staff Report: Senior Planner Wendy Jung gave a presentation regarding the Local Coastal Program (LCP) amendment and zoning ordinance amendment related to the Downtown Specific Plan (DSP). She listed the California Coastal Commission's modifications to the DSP.
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Laguna Beach City Council Minutes
Questions of Staff: Councilmember Toni Iseman asked staff to clarify recommendation number two of the staff report, and a discussion about formula-based eating and drinking establishments ensued.
Councilmember Toni Iseman confirmed with staff that these proposed amendments would related to the Central Bluffs District section, and a blufftop ordinance would be presented to not change any of the coastal blufftop policies, but rather refine the language in the DSP the City Council in the spring.
Councilmember George Weiss asked about parking in the downtown as it related to the Promenade on Forest and the parklets. Director of Community Development Marc Wiener responded to Councilmember Weiss and explained that a Coastal Development Permit (CDP) would be required for the Promenade, and potentially the parklets if they were to remain permanent. He described the downtown parking study, and he added it would be likely that the city would need to offset the loss of parking spaces.
Councilmember George Weiss expressed concern for the lack of parking during the peak summer times.
Mayor Pro Tem Bob Whalen highlighted the Coastal Commission's recommendation for a five-year, multi-phase parking rate structure, which he said was vital to generate supplementary revenues to assist in developing additional downtown parking. the city had implemented. City Manager Shoreh Dupuis confirmed that staff could return Councilmember George Weiss requested an update from staff on the parking application that with a report on the effectiveness of the parking application.
Public Testimony: Anne Caenn, Village Laguna president, commented that they opposed the parking reductions for new businesses in the downtown and the decrease of historic structures.
Johanna Felder voiced concerns about the reduction of parking and the intensification of use that would lead to increased congestion in the downtown. She requested the City Council not adopt the proposed resolution.
Jacob Cherub stated that residential neighborhoods were negatively impacted from parking reductions.
John Morcos said it was important to focus on the quality of life for the residents.
Ruben Flores commented that he did not support adding more parking in the downtown.
Marielle Leeds stated that she opposed parking spaces being eliminated with the Promenade and the parklets.
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Laguna Beach City Council Minutes January 25, 2022
Councilmember George Weiss confirmed with staff that restaurants and bars in the Arts District would be required to obtain a Conditional Use Permit for entertainment purposes, and a discussion ensued.
Councilmember Peter Blake asked for clarification regarding parking requirements for a downtown business that changed its use from retail to a restaurant. Director of Community Development Marc Wiener explained the current parking requirements for businesses that modified their use, and confirmed that the revised Plan would allow retail to convert to a restaurant use without adding parking.
Councilmember Toni Iseman voiced concerns about the impact of parking in Laguna Beach and the potential of turning the charming downtown into a "food court." She added that residents were not being considered and she saw these parking issues as a "runaway train" that required serious consideration.
Councilmember George Weiss said he agreed with Councilmember Iseman and the parking issue in Laguna Beach needed to be addressed immediately.
Mayor Pro Tem Bob Whalen commented that parking was a long-term problem that required attention. He explained that the downtown was originally developed with small shops and places that did not adequately allow for parking. Whalen said a holistic approach needed to be taken to address the parking issues and he suggested collective parking; however, he stated that it was important to move forward with approving the DSP.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Peter Blake, and carried 3/2 to:
(1) Introduce Ordinance #1667 that amends the Downtown Specific Plan, Municipal Code Chapters 25.16 and 25.40, and the City's Local Coastal Program, as described in the Agenda Report by: a) asking the City Clerk to read the title of the Ordinance, and b) approving a motion to waive further reading of the Ordinance and pass it to a second reading and
(2) Adopt Resolution #22.009, amending the City's Local Coastal Program, and requesting certitication by the California Coastal Commission to amend Table 5-1 (Allowed Uses and Permit Requirements) of the Downtown Specific Plan relating to formula-based eating and drinking establishments.
Roll Call:
Ayes: Blake, Whalen, Kempf
Noes: Iseman, Weiss
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11. RESOLUTION ESTABLISHING THE POLICY FOR CITY COUNCIL MEETINGS
AGENDA ITEMS
Staff Report: City Manager Shoreh Dupuis gave a presentation that discussed the proposed resolution to establish the policy for setting the process for agendizing City Council items. She described the current agenda-setting process and the need to update the alternate process that had been established in a 1968 resolution.
Public Testimony: John Thomas, Trish Sweeney, John Morcos, Jim Danziger, Pam Adams, Anne Caenn, Barbara, Meg Monahan, Peter Walzer, Carol Roberts, Penny Milne, Vicki Crowe, Jacob Cherub, MJ Abraham, Michele Monda, Johanna Felder, Karen Martin, Caren Liuzzi, Gene Felder, Ruben Flores, Alan Boinus, Rosalie Boinus, Judie Mancuso, Gary McCarter, and Debbie Neev said they did not support establishing a new policy for agendizing City Council items and they listed their reasons.
Councilmember Comments: Councilmember George Weiss explained why the current process should be challenged and he supported the City Council controlling its own agenda.
Councilmember Toni Iseman said she agreed with Councilmember Weiss and voiced concerns with the current procedures in place. She stated that the proposed changes were about control and excluding the public's voice.
Mayor Pro Tem Bob Whalen clarified the 1968 resolution and stated that whether or not amendments were made, the same process applied today, and he explained. He added that he did not support limiting the number of items a Councilmember could add to the agenda.
Whalen stated that there would not be a substitutive change to the current process by continuing the 1968 resolution. He suggested leaving Resolution 68.88 in place.
Councilmember George Weiss said he agreed with Mayor Pro Tem Whalen, and he described.
Councilmember Toni Iseman voiced concerns about being directed by the City Manager to limit items from the agenda because they would not garner support by the majority of the City Council. She said that even if an item was not approved, it was still important for the public to hear it and there to be a discussion. Iseman gave examples of matters that she had asked and have been declined as agenda items.
City Manager Shoreh Dupuis responded to Councilmember Iseman, explaining that the matters that Councilmember Iseman were directing her to research and to write up reports for were items that required staff's time.
Mayor Pro Tem Bob Whalen clarified that under Resolution 68.88, the process would remain the same, in that an item would not be researched by staff unless the majority of the City Council approved the item to be discussed.
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Councilmember Peter Blake said he supported the City Manager and tonight's agenda item simply claritied the process to ensure that one City Councilmember could not monopolize staff's time with excessive work.
Mayor Sue Kempf stated the goal of the process was to ensure the one Councilmember did not bring a "needy" matter to the city staff that would require a lot of work on their part. She added that she welcomed discussions on items whether or not she supported them. Kempf clarified that the City Council set city policies and the City Manager followed those policies.
She said she favored the two-step process that was currently utilized and that Resolution
68.88 described.
Mayor Pro Tem Bob Whalen suggested maintaining Resolution 68.88 and modifying it in the future if necessary.
Councilmember Peter Blake made a motion to approve staff's recommendation to adopt a new resolution; however, there was no second and the motion failed.
Mayor Pro Tem Bob Whalen stated that he would approve the alternate motion to reaffirm Resolution 68.88; however, he said that he would bring back Resolution 68.88 for modifications if staff time were being spent on items that the majority of the City Council did not support.
Councilmember Peter Blake gave his reasons for approving an updated version of Resolution
68.88. Mayor Sue Kempf said it was important this agenda item was heard in order to clarify the process and she explained.
Councilmember Toni Iseman requested that the minutes from the last four years of the City Council annual strategic planning sessions be reviewed to ensure that the workshop conclusions had been implemented.
City Manager Shoreh Dupuis clarified that in the 1968 resolution, an item was not submitted to the City Manager, but to the City Clerk.
Councilmember Peter Blake voiced concerns about introducing items into the agenda through the City Clerk's office.
Mayor Sue Kempf stated that it would only be a short paragraph that would not require any staff time.
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Laguna Beach City Council Minutes January 25, 2022
Moved by Councilmember George Weiss, seconded by Mayor Pro Tem Bob Whalen, and carried 4/1 to reaffirm Resolution #68.88, related to the City Council of the City of Laguna Beach's policy pertaining to agendas for regular City Council meetings.
Roll Call:
Ayes: Iseman, Weiss, Whalen, Kempf
Noes: Blake
PUBLIC HEARINGS FOR APPEALS
(Noticed for 5:00 p.m. or as soon thereafter as possible) **********************************************
A. APPEAL OF THE APPROVAL OF DESIGN REVIEW 21-2929, COASTAL DEVELOPMENT PERMIT 21-9293, AND ADDENDUM TO A MITIGATED
NEGATIVE DECLARATION TO CONSTRUCT A NEW SINGLE-FAMILY
RESIDENCE AND ATTACHED GARAGE ON A VACANT LOT AT 1587 ATLANTIC
WAY IN THE RESIDENTIAL/HILLSIDE PROTECTION ZONE
Staff Report: Senior Planner Chris Dominguez gave a presentation regarding the appeal of a Design Review Board (DRB) approval for the construction of a 3,590-square-foot single- family residence and an attached 567-square-foot two-car garage on an approximately 40- acre vacant lot at 1587 Atlantic Way. He reported the appellant's contention that the DRB failed to take into account the long history of the City's concern with the potential development of this property.
Questions of Staff: In response to a question from Councilmember Toni Iseman, Senior Planner Chris Dominguez described the landscape plan and the proposed fruit orchard, and a discussion ensued.
Councilmember George Weiss confirmed with staff that one of the conditions of the project was that the City would be given the ability to maintain the majority of the property as open space that may be accessible to the public.
Councilmember Toni Iseman confirmed with Senior Planner Chris Dominguez that there is no gate surrounding the project until an offer of dedication for the open easement is accepted by the City, which was a condition of approval.
Councilmember George Weiss confirmed with staff that the orchard would not be a fire hazard and was actually a benefit for fire safety.
Councilmember Toni Iseman confirmed with Senior Planner Chris Dominguez that a California Environmental Quality Act (CEQA) analysis had been conducted on the current project.
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Laguna Beach City Council Minutes January 25, 2022
City Attorney Phil Kohn clarified that the City Council's scope of review was limited to the grounds of the appeal, which did not challenge the CEQA determination, but was alleging that the DRB committed an error by approving the project.
Mayor Pro Tem Bob Whalen asked about the originally approved plans and the revised plans.
Senior Planner Chris Dominguez responded and highlighted the differences between the impervious surfaces of the two plans.
Mayor Pro Tem Bob Whalen asked about the conditions of approval.
Senior Planner Chris Dominguez clarified the conditions of approval listed in the staff report.
Mayor Pro Tem Bob Whalen asked about slope stability.
Senior Planner Chris Dominguez responded to Mayor Pro Tem Whalen stating that the goal was to ensure that the site was geologically stable for development. GeoFirm had been engaged, and a feasibility study determined the site was safe for a building. He said a structural analysis and further geo studies would be conducted in the permitting phase of the project. Dominguez added that if it were determined that further grading was required, it could require another design review process. He commented that this project had been fully vetted by GeoFirm.
Councilmember Toni Iseman asked about the destabilizing of the hill by water runoff from the orchard. Senior Planner Chris Dominguez stated there was a drainage plan for the site, as well as several watercourses that traversed the site, and an existing City drainage easement that was designed to carry runoff down to the watercourse.
Councilmember Toni Iseman asked about the impact of SB 9, the state mandate allowing for multi-housing projects on single-family residential lots. City Attorney Phil Kohn stated that the property owner had agreed to waive their rights to subdivide as a condition to the road extension; however, he said accessory dwelling units were not covered under this condition.
Public Testimony in Support of the Appeal: Karl Stal, appellant, stated that he was concerned about the impact of the project on his view.
Judie Mancuso voiced concerns about building on the property and she explained why she did not support the project. She said the City should buy the land and make it public open space.
Penny Milne said she favored the City purchasing the property for open space; however, she said this opportunity had already passed. She suggested including additional conditions to ensure safety for neighbors. Milne said an open space management plan should be required by the homeowners.
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Gayle Waite, President of the Laguna Canyon Conservancy, said they were concerned about the impact of the project on the Canyon, and they did not support the project.
Marielle Leeds said she did not support the project and explained her reasons.
Public Testimony Opposed to the Appeal: Kirk Saunders, architect for the project, stated that this project had been thoroughly vetted in the design review process and he described the process followed. He said there was no basis to overturn the DRB approval.
Mayor Pro Tem Bob Whalen asked about the proposed orchard.
James Dockstader, landscape architect for the project, described the orchard, stating that the landscape plan included a huge number of native plants along with fruit trees, which he described. He added that the drainage course would be expanded to Atlantic Way.
Councilmember Toni Iseman asked about fencing and the environmental impact. James Dockstader, landscape architect for the project, explained where the low fencing would be placed between the orchard and the open space, and a discussion ensued.
Angel Papa, applicant and owner of the property, said they had researched this property and took care to work with neighbors to design a home on the buildable lot.
Rebuttal: Karl Stal, appellant, stated that he was concerned about the changes from the originally approved design to the current design of the project.
Councilmember Comments: Councilmember Peter Blake commented that this was a legal building site that had been vetted by many experts and approved 5/0 by the DRB. He said the property owners had rights and he was surprised there was this much debate about the project.
Mayor Pro Tem Bob Whalen said that he favored this property remaining as open space; however, he said it was a legal buildable lot. He said he did have some concerns and he would sustain the DRB's decision, but place some limitations on the project, and he offered suggestions.
Councilmember Toni Iseman confirmed with staff that the barn structure would be utilized to store the orchard equipment. She voiced her concerns about the project's impact on the environment.
Councilmember George Weiss questioned the size of the project and the neighborhood compatibility.
Mayor Pro Tem Bob Whalen listed his areas of concern. He suggested reducing the decks and pool.
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Senior Planner Chris Dominguez presented exhibits to the City Council and a lengthy discussion ensued
Councilmember Peter Blake said he was concerned that the City Council was trying to make major design changes to a 5/0 approved DRB thoroughly vetted project.
Mayor Pro Tem Bob Whalen stated that he viewed the project differently than the DRB and under option one of the staff report, City Council could sustain the DRB's decision to approve with modified conditions. He stated his motion, including elimination of the barn and orchard, and reduction of the rear deck and pool.
Kirk Saunders, architect for the project, stated that he would need to confirm with the applicant; however, he restated that the DRB had made no error in its decision. He addressed Mayor Pro Tem Whalen's concerns and a discussion took place.
Angel Papa, applicant and owner, stated that the proposed design was not what they had desired, but what they had been advised would get approved, and this design had been unanimously approved by the DRB. She said she would be willing to work with the City Council; however, she said it was challenging to make design decisions "on the fly" when this design had been two years in the making and vetted by experts. Papa said the reason they purchased the 40-acre property was for the orchard where they could donate fruit to the Laguna Pantry and other charities. She explained that they had planned to give a 36-acre open space easement to the City that they would continue to be responsible for maintaining.
Papa said they had submitted geological reports and structural reports as requested by the City. She stated that their landscape architect had clarified that the orchard would help to stabilize the hillside.
Councilmember Peter Blake asked about their willingness to compromise on the reduced deck, pool, and elimination of the barn.
Angel Papa, applicant and owner, explained that the purpose of the barn was to hide the gardening equipment.
Mayor Sue Kempf said she was not comfortable redesigning the house. She suggested giving specific direction that the applicant could work with. She suggested keeping the orchard closer to the house.
Councilmember George Weiss voiced concerns about the size of the deck.
Kirk Saunders, architect for the project, explained the rationale for the large decks. He said the decks were screened from the neighboring homes; however, he said he would like to compromise, and a discussion ensued.
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Moved by Councilmember Peter Blake, seconded by Mayor Pro Tem Bob Whalen, and carried 3/1 to deny the appeal and sustain the Design Review Board's conditional approval of Design Review 21-9292, Coastal Development Permit 21-9293, and addendum to a Mitigated Negative Declaration for a new single-family residence at 1587 Atlantic Way, with additional conditions to eliminate the barn, reduce the orchard to Zone B only, and reduce the size of the decks to below 1,500 square feet by reducing the deck off the master bedroom to 8 feet and reducing the total size of the remainder of the decks, and directed staff to draft a resolution memorializing the Council action.
Roll Call:
Ayes: Blake, Whalen, Kempf
Noes: Iseman
Abstain: Weiss
ADJOURNMENT
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There being no further business, Mayor Kempf at 11:00 p.m., Tuesday, January 25, 2022, adjourned to Closed Session at 4:00 pm. and to the Virtual City Council Meeting at 5:00 p.m. on Tuesday, February 8, 2022, at City Hall, 505 Forest Avenue, Laguna Beach California. *****************
Stad
Approved: February 15, 2022
Sue Kempf, Mayor
Ann Marie McKay, City Clerk
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NOTICE OF ADJOURNMENT OF CITY COUNCIL MEETING
(GOVERNMENT CODE SECTION 54995
EXCERPT OF THE MINUTES OF THE
VIRTUAL REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH
January 25, 2022
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The virtual Regular Meeting of the City Council of the City of Laguna Beach was held at 5:00 p.m., Tuesday, January 25, 2022, in the City Council Chambers, 505 Forest Avenue, Laguna Beach, California.
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PRESENT COUNCILMEMBERS: Kempf
PARTICIPATING REMOTELY: Blake, Iseman, Weiss, Whalen
ABSENT: COUNCILMEMBERS: None
ADJOURNMENT
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There being no further business, Mayor Kempf at 11:00 p.m., Tuesday, January 25, 2022, adjourned to the Closed Session at 4:00 p.m., and the virtual Regular City Council Meeting at 5:00 p.m., Tuesday, February 8, 2022, 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 26"h day of January 2022
TO LAGUNA BES City Clerk of the Cily of Laguna Beach California
NGORPORATES
VUNE 29.192
CERTIFICATE OF POSTING
NOTICE OF ADJOURNMENT
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1, Ann Marie Mckay, City Clerk of the City of Laguna Beach, California, DO CERTIFY that at the virtual Regular Meeting of the City Council held on Tuesday, January 25, 2022, said meeting was ordered adjourned to the time and place specified in the notice of adjournment.
ATTACHED HERETO; and that on January 26, 2022, at the hour of 9:45 a.m., a copy of the Notice was posted at a conspicuous place on or near the door of the place at which said meeting of the City Council was held.
Culik