Laguna Beach City Council Minutes March 1, 2022
MINUTES
LAGUNA BEACH CITY COUNCIL
REGULAR HYBRID VIRTUAL/IN-PERSON MEETING
March 1, 2022
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, March 1, 2022, in the City Hall, 505 Forest Avenue, Laguna Beach, California, Mayor Kempf presiding.
ROLL CALL
PRESENT: COUNCILMEMBERS: Blake, Iseman, Weiss, Whalen, Kempf PARTICIPATING REMOTELY: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Weiss led the Pledge of Allegiance.
CLOSED SESSION
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Conference with Legal Counsel Regarding Existing Litigation (pursuant to Government Code section 54956.9(d): two items - (1) semi-annual report of pending tort claims (Albano, Bowler, Butler, DeFranco, Ellman, Ford, Garretty, Gessell, Ghasemian, Greene, Guild, Helfat, Johnson, Joyce, Kramer, Mayhew, Menaldo, Otto, Perez, Romans, Rose, Saladino, Schenk, Sherrod, Silva, Steinmetz, Stephens, Torres, Trozak, Valdivia, Vale, Varela, Wagner, Woodworth); and (2) semi- annual report of pending civil litigation (Dornin v. City of Laguna Beach [Orange County Superior Court Case No. 30-2021-01183025]; Friends of the Canyon v. City of Laguna Beach [Orange County Superior Court Case No. 30-2019-01097611]; Ghasemian v. City of Laguna Beach [Orange County Superior Court Case No. 30-2011-00527865]; Historic Architecture Alliance v. City of Laguna Beach [Orange County Superior Court Case No. 30-2021-01182450]; Laguna Beach Historic Preservation Coalition v. City of Laguna Beach [Orange County Superior Court Case No. 30-2021-01178477]; Laguna Beach Historic Preservation Coalition v. City of Laguna Beach [Orange County Superior Court Case No. 30-2021-01235816]; Save Laguna Beach Trees v. City of Laguna Beach [Orange County Superior Court Case No. 30-2021-012330741).
City Attorney Phil Kohn reported that in this evening's Closed Session, the City Council received semi-annual status reports regarding pending tort claims and pending civil litigation, and the Council voted unanimously to reaffirm the City Manager's settlement authority relating to the Ellman tort claim.
Chief Calvert honored the memory of Huntington Beach Police Officer Nicholas Vella, who was a former Laguna Beach Police Officer, that died in a recent helicopter crash. Officer Vella's parents were present, and his father spoke words of appreciation for the support shown by everyone during this difficult time. A memorial service will be held at 10 a.m. on March 8 at the Honda Center and will be livestreamed for the public.
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Laguna Beach City Council Minutes March 1, 2022
PUBLIC COMMUNICATIONS
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Gene Felder, Top of the World Neighborhood Association, expressed concerns about fire protection and requested that efforts be put in place to limit, identify, and punish fire-related criminal activity.
John Thomas expressed disappointment that the Council's strategic planning workshop on Friday will not be available to participate in virtually and will not be recorded. He also requested information on the parking subcommittee public meeting scheduled for next week that was mentioned by Mayor Sue Kempf at the last Council meeting. o Council Village to all, giest pat ine Cou by as strate, plain one be an e recorded.
Michele Monda praised the fuel modification crew on their recent work in South Laguna, and thanked Ana in Fire Administration for her helpfulness.
Trish Sweeney requested that the February 15, 2022, minutes be corrected for item #14 to reflect that the Council also agreed that it would be a good idea to include upcoming items on the tentative agenda in the community newsletter.
Ruben Flores expressed concerns about the Council's workload and questioned how compliance with be enforced with the various policies.
Barbara MacGillivray expressed her enthusiasm and appreciation for the upcoming Arbor Day event, planned to ensure public safety while also maintaining the spirit and goals of the event.
COUNCIL AND STAFF REPORTS
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City Manager Shoreh Dupuis had Police Chief Jeff Calvert introduce Police Captain David Dereszynski, who just joined the Laguna Beach Police Department. David was formally a Lieutenant with the Huntington Beach Police Department, where he served for over 24 years.
City Manager Shoreh Dupuis advised that she has been working with Human Resources Manager Aggie Nesh for programs that are not costly, but go a long way for employee development and recognition. Dupuis requested Council's support for employee recognition at Council meetings on a quarterly basis for years of service. She also advised that Nesh worked with Cigna to implement at no charge an employee wellness program, which was kicked off with an employee fitness challenge, and Dupuis invited the Councilmembers to join the challenge. -2-
Laguna Beach City Council Minutes March 1, 2022
City Manager Shoreh Dupuis advised that Friday's strategic planning session will be held at the Community & Susi Q Senior Center in the Multipurpose Room, which has plenty of room for the public to attend.
Regarding Felder's fire concerns, City Manager Shohreh Dupuis advised that she received his letter yesterday and assigned Fire Chief Mike Garcia and Police Chief Jeff Calvert to provide a thorough response on fire protection improvements. Dupuis advised that the cameras are still working, and there are plans to add two more; however, the speakers are no longer in use.
City Manager Shoreh Dupuis advised that the City approved a filming permit, and Public Works Director Mark McAvoy advised that the permit was issued to the Food Network for use of Lot 10 from 9:00 a.m. to 6:00 p.m. tomorrow for its show The Great Food Truck Race. Staff confirmed that the permit covers lost parking revenue for the lot and cleaning the lot.
Police Chief Jeff Calvert reported on the implementation of Neighborhood Enhancement Teams with park rangers to replace the beach patrol officer program. He advised that the Police Department is in the process of hiring five full-time park rangers, and will also hire part-time rangers. Calvert advised that the rangers will have the same equipment as peace officers, except for hand guns, modeling the OC Parks program. He also noted that the rangers will go through a three-month training program.
Councilmember George Weiss stated that the strategic planning session should have a virtual option and be recorded. He thanked Felder for bringing attention to the issue related to fire protection at Top of the World and applauded City Manager Shoreh Dupuis for responding quickly. Weiss advised that he will be introducing a proclamation on climate change at the next Council meeting He also urged the Council to issue a proclamation in support of Ukraine and to display lights reflecting Ukraine's flag colors. Councilmember Weiss read an email response sent to Liza Stewart by Councilmember Peter Blake; Councilmember Blake responded, providing examples of messages he received from Stewart that prompted his response.
Councilmember Toni Iseman expressed her dismay regarding the emails Councilmember Peter Blake sent to Stewart. Regarding Felder's testimony related to fire concerns, Councilmember Iseman requested signage installed advising the public of fines for violations, and requested that significant fines be implemented for smoking in the wilderness, with a provision that violators can work off the fines by doing necessary work in the wilderness parks. Iseman also asserted that the cameras were effective with use of the speakers. Regarding vehicular noise, Iseman noted that the noise comes from both automobiles and motorcycles; however, the cost to fix the violation is significantly higher for automobiles.
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Laguna Beach City Council Minutes March 1, 2022
Councilmember Peter Blake read the following statement for the record: At the January 25, 2022, City Council meeting, during the discussion of Item 11, Councilmember Iseman violated the Brown Act by disclosing Closed Session information. She indicated that at the City Manager interviews, the vote for selecting Shoreh as the City Manager was 3/ 2. Her comment is recorded and part of the meeting official recording at 3 hours and 25 minutes into the meeting. The result of the City Manager interviews conducted solely in Closed Session were publicly reported as a unanimous selection of Shoreh Dupuis on April 2, 2021. What Councilmember Iseman disclosed was the information that was only discussed in the Closed Session and disclosing it violates the Brown Act.
The City Attorney since November 16, 2021, has been verbally providing the City Council admonitions to ensure that all Councilmembers understand that all communications pertaining to consideration and discussion of Closed Session business items are confidential and may not be disclosed except as authorized by the City Council or permitted by the Brown Act. This is one of the protocols established by the City Council to ensure no Councilmember is violating the Brown Act.
I have reported this matter to the District Attorney's office to investigate and awaiting a response.
Councilmember Toni Iseman asserted that the Brown Act was violated by someone else before her if the City Manager was aware that she did not vote to appoint her in the Closed Session.
Mayor Pro Tem Bob Whalen commended the State of the City panelists, City Manager Shoreh Dupuis, Police Chief Jeff Calvert, Community Development Director Marc Wiener, and Public Works Director Mark McAvoy, and stated that the event was well done. Regarding the cause of the Emerald Fire, City Manager Shoreh Dupuis advised that the County is expected to provide a press release soon. Mayor Pro Tem Bob Whalen stated that he was pleased to hear Monda's positive feedback on the South Laguna fuel modification, and it was noted that the City's fuel modification plan is scheduled to be heard by the California Coastal Commission next week. Regarding the issue related to loud vehicles, Whalen noted the effectiveness of the multi-agency crackdowns. Whalen also requested a status report on the Caltrans Coast Highway sidewalk project.
Mayor Sue Kempf reported the Laguna Beach Little League's 70" Anniversary Opening Night will be held Friday at 5:00 p.m. at the newly renovated Riddle Field, and she commended Public Works on the renovation work. The Council supported Mayor Kempf's request that the Main Beach lifeguard tower be lit in blue and yellow to show the City's support for Ukraine. Kempf also thanked Senior Management Analyst Jeremy Frimond for his assistance with the State of the City slides, and she commented that staff did a great job at the event.
Councilmember Toni Iseman agreed with Councilmember George Weiss regarding the strategic planning session, requesting that it is recorded for those that cannot attend.
Mayor Sue Kempf reported that the parking subcommittee listening session will be held on Tuesday, Mar this is an informal inst step Sui in nior teut. ony anager brenD uncies plained hat this is an informal "first ster
Councilmember Toni Iseman that the Susi Q is currently going through a technology upgrade and does not currently have the ability to provide a hybrid option. -4-
Laguna Beach City Council Minutes March 1, 2022
CONSENT CALENDAR
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Moved by Councilmember Toni Iseman, seconded by Councilmember George Weiss, and carried unanimously 5/0 to approve items 1, 2, and 4.
MINUTES OF THE CITY COUNCIL MEETING
Approved the Minutes of the Regular Meetings of the City Council of February 8, 2022, and February 15, 2022.
WARRANT LISTING
Approved the General Warrants and payroll disbursements. y arrant. $2,134,293.87 02/04/2022
Payroll #17: $1,224,054.06 02/11/2022
Total $3,358.347.93
PROCLAMATION RECOGNIZING MARCH 7, 2022, AS ARBOR DAY
Staff Report: City Manager Shoreh Dupuis introduced the item and described the celebration, inviting the City Council and public to attend the event 3:00 p.m. to 5:00 p.m. on Monday, March 7, 2022, at Bluebird Park.
Questions of Staff: Councilmember George Weiss voiced concerns that the celebration was excluding certain groups and he explained.
City Manager Shohreh Dupuis stated that no groups were being excluded from the event and all were welcome to attend; however, she added that political groups had not been invited to run a booth and distribute information so as to limit the size of the event, and emphasized the importance of focusing on nonprofit groups whose primary mission is related to environmental awareness.
Public Testimony: Anne Caenn, President of Village Laguna, expressed concerns that they had not been included in Arbor Day celebration.
Louis Weil stated he supported Arbor Day and he highlighted the importance of educating the public on environmental issues.
Ruben Flores said that Arbor Day was a national event and participation should be inclusive for all organizations and he voiced his concerns.
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Laguna Beach City Council Minutes March 1, 2022
Ann Christoph said she agreed with Flores' comments, and she added that city staff had made an "overreach" with a national environmental event that should encourage more citizen participation.
Councilmember Comments: Councilmember Peter Blake responded to concerns stating that everyone was welcome to attend Arbor Day and the city's focus was the celebration of trees.
Councilmember George Weiss reiterated his reasons for asserting that it was an exclusionary event.
Mayor Pro Tem Bob Whalen asked the City Attorney if the city could enforce participants to not engage in any political activity at the event.
City Attorney Phil Kohn stated that he was not clear on an "invitation" versus the "participation" of a group. City Manager Shoreh Dupuis clarified that there were groups that were given a booth at the event where they could provide information about their organization.
Mayor Pro Tem Bob Whalen stated that more organizations could be included, and the city could restrict them from conducting any political discourse.
Councilmember George Weiss said he agreed with Mayor Pro Tem Whalen. He stated that he supported opening up the celebration to more organizations and disallowing any political activity.
Councilmember Toni Iseman voiced her concerns about free speech and allowing all organizations concerned about global warming and the importance of trees to participate.
Mayor Sue Kempf commented that it was important to note that residents were sensitive about political groups attending city events, and that Arbor Day should focus on the environment, trees, and having a good time.
Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to:
(1) Adopt the proclamation recognizing March 7, 2022, as Arbor Day in Laguna Beach; (2) Authorize staff to host an Arbor Day celebration event on March 7, 2022, with amplified sound;
(3) Authorize staff to apply for re-certification as a Tree City USA with the Arbor Day Foundation; and
(4) Expand participation to any nonprofits interested, prohibiting any political activity. -6-
Laguna Beach City Council Minutes March 1, 2022
RESOLUTION AUTHORIZING THE SUBMITTAL OF A NOTIFICATION OF INTENT TO COMPLY WITH CALIFORNIA SENATE BILL 1383 ORGANIC WASTE
RECYCLING REGULATIONS
(1) Adopted Resolution #22.015 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING NOTIFICATION OF INTENT TO COMPLY WITH SB 1383 ORGANIC WASTE RECYCLING
REGULATIONS AND AUTHORIZING SUBITTAL OF NOTIFICATION OF
INTENT TO COMPLY TO CALRECYLE FOR APPROVAL PURSUANT TO SB 619:" and
(2) Authorized the City Manager, or her designee, the Director of Public Works, to submit the Notification of Intent to Comply to CalRecycle for approval pursuant to the statute.
REGULAR ORDER
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RESIDENT AND BUSINESS SURVEY RESULTS
Staff Report: Senior Management Analyst Jeremy Frimond briefly summarized the timeline and process of events for the resident and business surveys.
Jade Arocha, director of survey research at Polco, discussed in detail the sampling methods and the results of the surveys.
Questions of Staff: Councilmember George Weiss confirmed with the consultant that the survey did not identify if a survey participant was both a business owner and a resident; however, there were questions that overlapped, and those questions were answered differently from the business versus the resident perspective. He asked about the timing of the survey and if it truly represented Laguna Beach's entire population given the responses.
Jade Arocha, director of survey research at Polco, responded to Councilmember Weiss, stating that since the survey was submitted around the Christmas holiday, Polco had allowed more time for the participants to respond, and based on the number of those responses, Polco was confident that the surveys represented the community of Laguna Beach overall.
Senior Management Analyst Jeremy Frimond further explained that there were several metrics that came into play, and the evaluation of the data from the surveys was based on the criteria that had been applied.
Councilmember Toni Iseman confirmed with the consultant that Polco utilized a national benchmark comparison database that involved over 500 comparison communities across the nation to conduct the surveys; however, there was an ability to develop a custom benchmark comparison with other coastal communities in California. -7-
Laguna Beach City Council Minutes March 1, 2022
City Manager Shoreh Dupuis pointed out that this had been a robust benchmark and to create a custom comparison would require additional funds.
Councilmember Toni Iseman stated she would like to compare the data of Laguna Beach with other communities that were similar, and to determine if the costs were excessive or not.
Senior Management Analyst Jeremy Frimond commented that the goal was to understand what the Laguna Beach residents and businesses wanted, and the benchmark comparison was valuable to provide context to the surveys' results. He added that a custom comparison could be conducted in the future.
Mayor Pro Tem Bob Whalen stated that it was a comprehensive survey. He contirmed with the consultant that they recommended conducting the surveys every other year to be able to determine the reasons for any changes in the responses.
Mayor Sue Kempf confirmed with the consultant that most of their clients utilized custom questions.
Public Testimony: Michele Monda said she was upset that the responses from the open participants had not been included in the results. She said the process and results of the survey were "bogus."
Senior Management Analyst Jeremy Frimond responded to the public comment, clarifying that the responses from the open participants had been heard and were included in the report.
He stated there was a 90% overlay between the random sampling and open participation in the survey results, and the 10% difference had been analyzed. Frimond directed the public on how to access the survey on the city website.
Jade Arocha, director of survey research at Polco, commented that the open participation response rate was very robust, and those results had not been minimized and were analyzed and included in the report.
Councilmember Toni Iseman confirmed with staff that the cost of the survey was $15,000 and to utilize a custom benchmark comparison to California coastal cities would be an additional $1,000 to $2,000 with a quick turnaround.
Councilmember Peter Blake questioned how utilizing a custom benchmark comparison to California coastal cities would change the results of the survey.
Councilmember George Weiss expressed concerns about the survey instrument.
City Manager Shoreh Dupuis responded to Councilmember Weiss and commented that the City Council had unanimously approved the questions for the survey at a prior City Council meeting.
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Laguna Beach City Council Minutes March 1, 2022
Mayor Sue Kempf stated that the importance of the survey was to understand the interests of the community and not to quantify the costs of any items.
Mayor Pro Tem Bob Whalen said that the survey instrument was more than satisfactory, and he was not concerned about any inadequate data set.
No motion was made.
6. CONDITIONAL USE PERMIT 21-8802, COASTAL DEVELOPMENT PERMIT 21-8803.
AND CATEGORICAL EXEMPTION TO ALLOW FIVE PARKING CREDITS FOR OUTDOOR DINING (AT BOTH 1330 AND 1340 SOUTH COAST HIGHWAY) IN
CONJUNCTION WITH THE CONVERSION OF AN EXISTING RETAIL SPACE TO AN
ICE CREAM SHOP (SOUTH SWELL ICE CREAM) WITH OUTDOOR DINING AND TAKE-OUT SERVICES AND OFFSITE PARKING AT 1330 SOUTH COAST
HIGHWAY
Staff Report: Senior Planner Martina Caron gave a presentation describing the proposed change of use from an existing retail space to an ice cream shop with outdoor dining, take- out services, and offsite parking at 1330 South Coast Highway.
Questions of Staff: Councilmember George Weiss questioned the outdoor dining request.
Senior Planner Martina Caron responded to Councilmember, Weiss stating that primarily customers would take the ice cream to go; however, outdoor dining would be a positive option.
Councilmember Toni Iseman stated that the outdoor seating would be appropriate and it was important to maintain the cleanliness of the sidewalk. She confirmed with staff that there was a condition that required the cleanup of the sidewalk. She suggested adding a drinking fountain as a condition of approval.
Councilmember George Weiss confirmed with staff that there would be no umbrellas, but they could be permitted in the future.
Public Testimony: Jason Collopy, applicant, responded to questions. He said the sidewalk would be cleaned daily and every five weeks a pressure washing service would ensure the area remained clean. Collopy added that they would like to add umbrellas and there would be hand wipes offered with every ice cream purchase.
Mayor Pro Tem Bob Whalen confirmed with the applicant that there would be up to two employees utilizing the assigned employee parking spaces.
Ruben Flores stated that the ice cream shop would be a great addition; however, he voiced concerns about the assigned employee parking spaces.
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Laguna Beach City Council Minutes March 1, 2022
Councilmember Comments: Councilmember Peter Blake said he was supportive of the change of use to an ice cream shop with outdoor dining. He said he was not concerned about the parking.
Councilmember Toni Iseman confirmed with staff that the assigned employee parking was a private arrangement with the property owner and there was no parking requirement. She asked about placing a time limit for patrons.
Senior Planner Martina Caron responded to Councilmember Iseman stating that patrons would use the onsite-parking short-term, and she did not feel it was necessary to place any time limits.
Moved by Councilmember Peter Blake, seconded by Councilmember George Weiss, and carried unanimously 5/0 to adopt Resolution #22.016 titled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 21-8802 AND COASTAL DEVELOPMENT PERMIT 21- 8803 AND CATEGORICAL EXEMPTION AT 1330-1340 SOUTH COAST HIGHWAY."
COUNCILMEMBER ITEMS
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7. RECONSIDERATION OF CALMING TRAFFIC SPEED BUMPS FOR THE 800- BLOCK
OF BLUEBIRD CANYON DRIVE (WEISS)
Councilmember George Weiss said that although he did not always support speed bumps, they were sometimes necessary to calm traffic speeds. He commented that the neighbors in the area needed to be heard for public safety reasons.
Mayor Sue Kempf commented that this needed to go through the Parking, Traffic & Circulation (PTC) committee process and if it were appealed, the Council would hear it and make a decision at that time.
City Manager Shoreh Dupuis explained the PTC process in response to Councilmember Toni Iseman's question.
Councilmember George Weiss stated that this had gone before the PTC in 2019 and asserted that the implemented recommendations had not resulted in calming traffic. He presented a video of neighbors concerned about the speed of traffic on Bluebird Canyon Drive.
Mayor Pro Tem Bob Whalen stated there were procedural issues concerning Councilmember Items and he explained. He asked for the City Attorney's opinion.
City Attorney Phil Kohn clarified the procedural process for Councilmember Items. He stated that the review process was not to conduct a hearing on an item, but to determine if the Council wants to hear the item on a future agenda or suggest a different disposition. Kohn said the Council should not hear the item twice.
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Laguna Beach City Council Minutes March 1, 2022
Councilmember George Weiss concurred that the City Council should not hear the item twice and he agreed that the proposed speed bump should return to the PTC for review.
Public Testimony: A resident spoke about the 2019 PTC process.
Jack Robbins, Bluebird Canyon Drive resident, stated that the neighborhood was frustrated with the process, and it was a huge safety issue.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Peter Blake, and carried unanimously 5/0 to refer to the Parking, Traffic, & Circulation Committee for reconsideration of calming traffic speed bumps for the 800-Block of Bluebird Canyon Drive.
REVIEW AND CONSIDER MOVING FORWARD WITH THE ABANDONMENT OF TEMPLE HILLS PATHWAY NO. 4 (BLAKE)
Mayor Sue Kempf asked about the procedural difference between this agenda item requested by Councilmember Blake and Councilmember Iseman's request to review the next item on the agenda.
City Attorney Phil Kohn clarified the procedural processes for both items and how they differed. He added that they could be consolidated for public testimony purposes.
Councilmember Toni Iseman disagreed with consolidating her review item with Councilmember Blake's request.
Mayor Pro Tem Bob Whalen suggested taking the review first and then hearing Councilmember Blake's request after Review A.
Review Item A was heard at this time.
Councilmember Peter Blake introduced his request, stating that he would like the City Council to bring forward an agenda report to consider the abandonment of the Temple Hills Pathway No. 4.
Councilmember George Weiss stated that based on Mayor Pro Tem Whalen's previous motion regarding the approval of the REP for the gate at this pathway, this item had to be heard in order to determine the title of the pathway to decide if the REP should be revoked.
Mayor Pro Tem Bob Whalen commented that he wanted the staff report to address the abandonment of the pathway, as well as the legal history of the pathway.
Councilmember Peter Blake stated that he would also request that liability issues be included in the staff report and who would be at fault if someone was injured on the pathway.
Public Testimony: Lou Novak said he supported looking into several options, not solely the abandonment of the pathway. He reminded the Council that it had come before City Council years prior, and it had been voted down 3-2 not to abandon the pathway. -11-
Laguna Beach City Council Minutes March 1, 2022
Councilmember Peter Blake disagreed with Novak stating that the City Council did not agree to abandon the pathway but to conduct further research into whether or not to abandon the pathway.
City Manager Shoreh Dupuis read from the staff report that stated the motion failed 2-3 to direct staff to commence the process for consideration of a request to abandon Pathway No.
4. Frank Mickadeit, attorney for Temple Hills Homeowners Association, commented that he was upset that the property owners along the pathway would greatly benefit from an abandonment.
David Kaber said it was important to study the ownership of the pathway, and he requested the staff report examine the option to accept the dedication of the pathway.
Caroline Wright stated that no injuries had ever been reported on the pathway since its inception 80 years prior.
Rabina Gourdikian said it was a dangerous pathway and she supported a historical study of the pathway.
Andy Totten stated that the pathway matter was confusing, and he had listed questions for staff.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Peter Blake, and carried unanimously 5/0 to direct staff to bring forward an agenda report on the process to abandon or accept the pathway, including the legal history, and liability assessment.
COUNCILMEMBER REVIEW
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A. COUNCILMEMBER-INITIATED REVIEW OF THE APPROVAL OF REVOCABLE ENCROACHMENT PERMIT 21-10218 FOR A PEDESTRIAN ENTRY GATE AT 718
COAST VIEW DRIVE (ISEMAN)
This item was heard before Item #8.
Staff Report: Zoning Administrator Russell Bunim gave a presentation describing the proposed revocable encroachment permit (REP) for a pedestrian entry gate at 718 Coast View Drive.
Questions of Staff: Mayor Bob Whalen confirmed with staff that if the item were approved tonight, , but at a future date there was a request to revoke the permit, it would require a noticed public hearing.
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Laguna Beach City Council Minutes March 1, 2022
Councilmember Toni Iseman asked about the property that had been built out to its lot line.
Zoning Administrator Russell Bunim responded to Councilmember Iseman stating that this request for an REP was a common situation.
Councilmember Toni Iseman expressed concerns about the pedestrian entry gate.
Director of Community Development Marc Wiener added that this unique condition occurred frequently and that it was not out of the ordinary for properties in Laguna Beach to obtain REPs and he explained.
City Attorney Phil Kohn addressed the three action options that were available to the City Council. He added that the review was to be heard on a de novo basis.
Councilmember Peter Blake confirmed with the City Attorney that abandonment of the pathway, item number 8 of the agenda, was outside the scope of review.
Public Testimony in Support of the REP: Theresa Clark, landscape architect for the applicant, listed the reasons to sustain the Design Review Board's decision to approve the existing pedestrian entry gate at 718 Coast View Drive.
Vasken Gourdikian, Ron Aardema, Kent Plank, Rabina Gourdikian, and Andy Totten stated that they supported the pedestrian entry gate, and they listed their reasons.
Public Testimony in Opposition to the REP: Lou Novak, Frank Mickadeit, Corolyn Darlington, and Caroline Wright explained why they did not support approving the REP for the gate.
David Raber presented a slide to argue why the REP should not be approved.
Mayor Pro Tem Bob Whalen confirmed with Raber that the gate was not within the 5-foot right-of-way, but prevented the current access to that right-of-way.
Rebuttal: Theresa Clark, landscape architect for the applicant, responded to the statements made by the public that opposed the REP.
Councilmember Comments: Councilmember George Weiss asked about the public benefit given by the property owner.
Director of Community Development Marc Wiener stated that he did not have the answer to the agreement that had been reached.
Councilmember Toni Iseman gave the history to the project, and she questioned the background the Design Review Board reviewed to approve the REP. -13-
Laguna Beach City Council Minutes March 1, 2022
Mayor Pro Tem Bob Whalen stated that he would be supporting approval of the REP; however, he said the Council had a right to revoke the permit in the future, and he requested bringing the item back to discuss if the City should accept or deny the abandonment of the pathway.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Peter Blake, and carried 3/2 to sustain the Design Review Board's decision to approve the Revocable Encroachment Permit.
Roll Call:
Ayes: Blake, Whalen, Kempf
Noes: Iseman, Weiss
Agenda Item 8 was heard at this time.
ADJOURNMENT
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There being no further business, Mayor Kempf at 9:41 p.m., Tuesday, March 1, 2022, adjourned to the Strategic Planning Workshop at 8:00 a.m. at the Community & Susi Q Senior Center, Friday, March 4, 2022, then to the Closed Session at 4:00 p.m. and to the Regular Hybrid Virtual/In-Person City Council Meeting at 5:00 p.m. on Tuesday, March 15, 2022, at City Hall, 505 Forest Avenue, Laguna Beach California.
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Approved: March 29, 2022
Sue Kempf, Mayor
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NOTICE OF ADJOURNMENT OF CITY COUNCIL MEETING
(GOVERNMENT CODE SECTION 54995
EXCERPT OF THE MINUTES OF THE
HYBRID VIRTUAL/IN-PERSON REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH
March 1, 2022
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The hybrid virtual/in-person Regular Meeting of the City Council of the City of Laguna Beach was held at 5:00 p.m., Tuesday, March 1, 2022, in the City Council Chambers, 505 Forest Avenue, Laguna Beach, California.
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PRESENT COUNCILMEMBERS: Blake, Iseman, Weiss, Whalen, Kempf PARTICIPATING REMOTELY: None
ABSENT: COUNCILMEMBERS: None
ADJOURNMENT
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There being no further business, Mayor Kempf at 9:41 p.m., Tuesday, March 1, 2022, adjourned to the Strategic Planning Workshop at 8:00 a.m. at the Community & Susi Q Senior Center, Friday, March 4, 2002, then to the Closed Session at 4:00 p.m., and the hybrid virtual/in-person Regular City Council Meeting At 5:00 p.m., Tuesday, March 15, 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 2n° day of March 2022.
Culika
Ciy Clerk of the Gily of Laguma Beach Calitomin
NCORPORATED
VUNE 29.192
CERTIFICATE OF POSTING
NOTICE OF ADJOURNMENT
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I, Ann Marie McKay, City Clerk of the City of Laguna Beach, California, DO CERTIFY that at the virtual Regular Meeting of the City Council held on Tuesday, March 1, 2022, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on March 2, 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 city Clerk of the Cly ofT aguma Beach, Calitoral