MINUTES
LAGUNA BEACH CITY COUNCIL
REGULAR HYBRID VIRTUAL/IN-PERSON MEETING
March 15, 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 15, 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
Mayor Pro Tem Whalen led the Pledge of Allegiance.
CLOSED SESSION
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Conference with Real Property Negotiator (pursuant to Government Code section 54956.8): two items - price and terms of payment for possible acquisition of property at (1) 30516 Coast Highway; City negotiator is Shoreh Dupuis, City Manager; property owner representative is Roman Catholic Bishop of Orange; and (2) 31796 Coast Highway; City negotiator is Shoreh Dupuis, City Manager; property owner representative is John Mazza.
City Attorney Phil Kohn reported that in this evening's Closed Session, the City Council received status reports on the real property negotiations regarding possible acquisition of property at 30516 Coast Highway and 31796 Coast Highway.
EXTRAORDINARY BUSINESS
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City Manager Shoreh Dupuis and Mayor Sue Kempf recognized the following employees' years of service: Irina Merryman, Nicole Bovey, Daniel Latham, Kyle Valmassy, Justin Day, Antonio Manzano, Michaela Milone, Jacob Strangis, Matthew Barker, and Justin Harrowby for 1 year of service; Thomas Cantrell, Porter Hogan, Matthew Grace, Priscilla Angeloni, Tanner Flagstad, Aureliano Becerra, and Thalia Moreyra for 5 years of service; and Tony Sanchez and Michael Esparza for 20 years of service.
PUBLIC COMMUNICATIONS
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Ganka Brown expressed concern regarding Councilmember Toni Iseman's use of her mobile phone during meetings.
Laguna Beach City Council Minutes March 15, 2022
Pat Gallis requested an update on the lawsuits filed related to historic preservation and CEQA, the Kirby residence on Hawthorne Road and the City's Coastal Commission-approved Historical Preservation Ordinance. City Attorney Phil Kohn advised that in addition to those two lawsuits, there is also a lawsuit related to the Ray property also on Hawthorne, and a lawsuit related to the artist work/live project on Laguna Canyon Road. Kohn advised that status update hearing for the lawsuit on the Historic Preservation Ordinance is scheduled for March 22, in which the plaintiff has indicated a desire to amend the lawsuit to encompass a challenge to the City's recently-adopted Downtown Specific Plan update. Kohn also advised that a hearing on the merits of the lawsuit regarding the Kirby property is currently scheduled for April 22.
Gene Felder reiterated his request for the Council to address Councilmember Peter Blake's conduct.
Jinger Wallace thanked the Council for support for the Laguna Bluebelt's education program and requested the Council's continued support. Allison Santos, OC Coastkeeper, explained the importance of the Aliso Beach berm and provided an update on their education and preservation efforts.
Trish Sweeney requested that upcoming agenda items be included in the community newsletter.
In response to John Thomas's question about the number of lawsuits against the City, City Attorney Phil Kohn clarified that there are several dozen claims, but only seven lawsuits.
COUNCIL AND STAFF REPORTS
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City Manager Shoreh Dupuis reported that the Coastal Commission approved the Pacific Edge Hotel project and the City's fuel modification permits for zones 10 and 11, an effort by the Fire Department that took several years. Fire Chief Mike Garcia explained the background and importance of this approval.
Councilmembers George Weiss and Toni Iseman, Mayor Pro Tem Bob Whalen, and Mayor Sue Kempf reported on the Arnold Hano memorial service.
Councilmember Peter Blake encouraged continued involvement by the younger people in attendance.
Mayor Pro Tem Bob Whalen reported on the rally in support of Ukraine in unity by the Laguna Beach Republicans and Laguna Beach Democrats.
Mayor Sue Kempf thanked Community Development Director Marc Wiener for the improved relationship between the City and the Coastal Commission. She also reported on the Riddle Field rededication.
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Laguna Beach City Council Minutes March 15, 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 and 4-8.
1. WARRANT LISTING
Approved the General Warrants and payroll disbursements.
Warrants: $1,295,625.66 02/18/2022
:162,523.09 02/24/2022
$1,458,148.75
Payroll #18: $1,282,526.64 02/25/2022
Total $2.740.675.32
FINDINGS FOR VIRTUAL MEETINGS OF CITY COUNCIL AND CITY
COMMISSIONS, COMMITTEES, BOARDS AND OTHER BODIES PURSUANT TO ASSEMBLY BILL 361
Mayor Pro Tem Bob Whalen pulled this item for discussion. He suggested that the boards and commissions begin to hold their meetings in person, and continue Zoom participation for the public, where possible. Councilmember George Weiss stated that he agreed with this action.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to adopt Resolution #22.017 titled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, MAKING
FINDINGS AND DETERMINATIONS FOR AUTHORIZING AND CONTINUING
VIRTUAL MEETINGS OF CITY COUNCIL AND CITY COMMISSIONS,
COMMITTEES, BOARDS AND OTHER BODIES PURSUANT TO ASSEMBLY BILL 361," as modified by the Council, replacing the last part of the last sentence in Section 4 with , after which the City Council and all commissions, committees, and boards will conduct in-person meetings, where possible."
3. SPECIAL EVENTS AND PERFORMANCES
Mayor Sue Kempf pulled this item to highlight the events and performances.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Approved a performance by Luce Puppet Company on June 12 and November 20, 2022; (2) Approved a City-funded concert celebrating the Festival of Arts 90th anniversary on August 13, 2022;
(3) Authorized the use of amplified sound during the performances; (4) Reappropriated $33,500 from savings in the Arts Commission Special Budget for the Circus Bella, Luce Puppet Company and a concert to celebrate the 90th anniversary of the Festival of Arts; and
(5) Authorized the City Manager, or her designee, to approve any revisions to the location or dates of the performances as required.
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Laguna Beach City Council Minutes March 15, 2022
TEMPORARY PUBLIC ART INSTALLATION ON THIRD STREET STAIRS (1) Approved a temporary public art installation by Beau Stanton on the Third Street stairs; (2) Authorized the City Manager, or her designee, to enter into Contract #22-10 with the artist; and
(3) Approved the expenditure of $25,000 from a donation to undertake the work.
RESOLUTION TO SET A PUBLIC HEARING DATE FOR THE ANNUAL SIDEWALK
AND INTERSECTION VISIBILITY NUISANCE ABATEMENT PROGRAMS Adopted Resolution #22.020 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, DECLARING AND DETERMINING
THAT VEGETATION OR WEEDS UPON THE STREETS, SIDEWALKS, PARKWAYS
AND PRIVATE PROPERTY IN THE CITY OF LAGUNA BEACH ARE A PUBLIC
NUISANCE, AND DIRECTING THE CITY CLERK TO MAIL NOTICES TO DESTROY
AND REMOVE SAID VEGETATION OR WEEDS AS REQUIRED BY LAW, AND FIXING THE TIME FOR HEARING OBJECTIONS AND PROTESTS," which will set a public hearing date of April 26, 2022, for the annual Sidewalk and Intersection Visibility Nuisance Abatement Programs.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH TO SET
A PUBLIC HEARING DATE FOR ANNUAL WEED ABATEMENT PROGRAM Adopted Resolution #22.019 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, DECLARING AND DETERMINING
THAT WEEDS, RUBBISH, AND REFUSE UPON THE STREETS, SIDEWALKS,
PARKWAYS AND PRIVATE PROPERTY IN THE CITY OF LAGUNA BEACH ARE A
PUBLIC NUISANCE AND DIRECTING THE CITY CLERK TO MAIL NOTICES TO
DESTROY AND REMOVE SAID WEEDS, RUBBISH AND REFUSE, AS REQUIRED BY LAW, AND FIXING THE TIME FOR HEARING OBJECTIONS AND PROTESTS," which will set a virtual public hearing date of April 26, 2022 for the annual Weed Abatement Program.
7. RESOLUTION AUTHORIZING APPLICATION TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR LOCAL TRANSPORTATION FUNDS Adopted Resolution #22.018 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, AUTHORIZING THE FILING OF ALL
APPLICATIONS WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR LOCAL TRANSPORTATION FUNDS," authorizing the City Manager, or her designee, to file an application and claim with the Orange County Transportation Authority tor $1,337,784 from the Local Transportation Fund, and to file amendments as necessary due to budget adjustments or any changes in the City's apportionment of Local Transportation Funds.
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IMPLEMENTATION AGREEMENT AND GRANT FUNDS FOR THE BLUEBIRD
CANYON OUTFALL AND DIVERSION UNIT UPGRADE PROJECT
(1) Authorized the City Manager, or her designee, to execute Implementation Agreement #22-11 between the City and the County of Orange for the Bluebird Canyon Outfall and Diversion Unit Upgrade project;
(2) Accepted the grant funds by appropriating $500,000 for the project in the Fiscal Year 2021-22 Budget and increasing estimated grant received by the same amount; and (3) Authorize the City Manager, or her designee, to execute any agreements required for the Bluebird Canyon Outfall and Diversion Unit Upgrade project grant.
REGULAR ORDER
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[Appeal A was heard at this time.]
9. AN URGENCY ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA.
ADDING CHAPTER 25.95 TO THE LAGUNA BEACH MUNICIPAL CODE
REGULATING SINGLE FAMILY RESIDENTIAL TWO-UNIT DEVELOPMENTS AND URBAN LOT SPLITS PURSUANT TO CALIFORNIA SENATE BILL 9 (SB 9) Staff Report: Director of Community Development Marc Wiener gave a presentation discussing SB 9 and the proposed amendments to the zoning ordinance to bring the city into compliance with the state, while minimizing the restrictions and limitations to allow for greater local control within the single-family residential zone.
Questions of the Staff: Councilmember George Weiss confirmed that staff could conduct an analysis on the SB 9 eligible lots in the city.
Mayor Pro Tem Bob Whalen referred to page 13 of the agenda report, which highlighted that SB 9 standards required that urban lot splits contain a minimum 30 feet of public street frontage, which would restrict many parcels from participating in the program.
Mayor Sue Kempf confirmed with staff that the 30-foot frontage language needed clarifying in the ordinance.
Public Testimony: Anne Caenn, Village Laguna, commented that they supported the urgency ordinance and she listed their suggestions.
Hoiyin Ip suggested requiring "greener" building codes for the proposed developments.
Councilmember George Weiss responded to public comment, asking staff if parking requirements were more restrictive for Accessory Dwelling Units (ADUs). Director of Community Development Mare Wiener clarified that the state's parking allowance for SB 9 parking was for one off-street parking space. He modified the 30-foot street frontage requirement language in the ordinance.
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Laguna Beach City Council Minutes March 15, 2022
Moved by Councilmember George Weiss, seconded by Mayor Pro Tem Bob Whalen, and carried unanimously 5/0 to:
(1) Adopt Urgency Ordinance #1668 titled "AN URGENCY ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ADDING CHAPTER 25.95 TO THE
LAGUNA BEACH MUNICIPAL CODE REGULATING SINGLE FAMILY
RESIDENTIAL TWO-UNIT DEVELOPMENTS AND URBAN LOT SPLITS
PURSUANT TO CALIFORNIA SENATE BILL 9 (SB 9)" as modified by the Council clarifying that a street-facing parcel of an SB 9 urban lot split shall contain a minimum of 30 feet, by (a) asking the City Clerk to read the title of the Urgency Ordinance and (b) approving a motion to waive further reading of the Ordinance; and Find that said actions are statutorily exempt from California Environmental Quality Act (CEQA) under California Government Code sections 65852.21, subdivision () and 66411.7, subdivision (n), whereby the adoption of an ordinance by a city to implement provisions of Government Code sections 66411.7 and 65852.21 and regulating Urban Lot Splits and Two-Unit Developments is statutorily exempt from the requirements of CEQA.
10. REVISED FUND BALANCE FOR FISCAL YEAR 2020-21, FISCAL YEAR 2021-22
MID-YEAR BUDGET MODIFICATIONS, RESOLUTION SETTING HOURLY/PART-
TIME PAY RATES AND APPROVING A SIDE LETTER AGREEMENT, AND FIRST
READING OF AN ORDINANCE ADJUSTING PURCHASING LIMITS
Staff Report: Director of Administrative Services Gavin Curran gave a presentation discussing updated fund balances and mid-year budget modifications.
Public Testimony: Matt Lawson said he supported staff's recommendation to fund public safety needs and he described.
Rex Theobald stated the importance of funding the needs of the Fire Department.
Sonny Myers, Environmental Disaster Preparedness Committee (EDPC), stated his support to allocate monies to the public safety needs in Laguna Beach.
Hoiyin Ip commented that she supported the Climate Action Plan in the budget.
Alex Rounaghi, Housing and Human Services Committee, thanked the City Council for approving the $170,000 ongoing allocation for senior and affordable housing.
Tom Gibbs, EDPC, stated the importance of reducing the fire threat to Laguna Beach and he explained.
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Laguna Beach City Council Minutes March 15, 2022
Questions of Staff: Councilmember Toni Iseman asked about budgeting for cyber security.
Director of Administrative Services Gavin Curran stated that cyber security funding had been approved by the Council as part of the IT masterplan.
Councilmember Toni Iseman asked about follow up on issues concerning Laguna Canyon.
City Manager Shoreh Dupuis explained her rationale for including the projects that had been added to the mid-year budget. She commented that the Council priorities that had been discussed at the annual Strategic Planning Meeting would be adopted at a future City Council meeting and would be included in the next budget.
Councilmember George Weiss asked about open space funds. Director of Administrative Services Gavin Curran described the open space monies set aside in the city's budget.
Councilmember Toni Iseman confirmed with staff there was a Streetlight and Utility Undergrounding Fund included in the budget.
Councilmember George Weiss asked about the Housing Coordinator position. City Manager Shoreh Dupuis described the proposed housing position role with the city.
Councilmember Peter Blake asked about the proposed funds to set aside for wrapping utility boxes and the Climate Action Plan. City Manager Shoreh Dupuis explained the proposed utility box vinyl wrapping program. Mayor Sue Kempf stated she was not supportive of the program, and she explained. Councilmember Toni Iseman voiced concerns about the "unsightly" utility boxes throughout town.
City Manager Shoreh Dupuis described the estimated funding required for the Climate Action Plan.
Mayor Pro Tem Bob Whalen suggested that the Main Beach Management Plan move to Measure LL for funding, and he recommended earmarking $200,000 for affordable housing programs. He commented that the utility boxes should be cleaned up.
City Manager Shoreh Dupuis stated that the Public Works Department could research the cleaning of the utility boxes.
Mayor Sue Kempf commented that she wanted the Environmental Sustainability Committee and the EDPC to work together on the Climate Action Plan. She raised concerns with the Boys & Girls Club mobile skatepark.
City Treasurer Laura Parisi commented that she had requested five additional hours, and she suggested postponement of that item until the budget discussion. -7-
Laguna Beach City Council Minutes March 15, 2022
Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to:
(1) Update the Fiscal Year 2021-22 Adopted Budget by accepting June 30, 2021, ending fund balances as depicted in Attachment 1;
(2) Modify the Fiscal Year 2021-22 Adopted Budget and approve the additional appropriations and adjustments as recommended in the report and as listed in Attachment 3 with changes approved by the City Council, including funding the Main Beach Management Plan with Measure LL funding, earmark $200,000 for housing programs, and to dedicate the use of the proposed funding to the Public Works Department to inventory and clean, as appropriate, the utility boxes; (3) Adopt Resolution #22.021 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, SETTING PAY RATES FOR CERTAIN HOURLY/PART-TIME POSITIONS," which ratifies the compensation for hourly part- time employees;
(4) Adopt Resolution #22.022 titled, "A RESOLUTION OF THE CITY COUNCIL OFTHE
CITY OF LAGUNA BEACH, CALIFORNIA, RATIFYING THE SIDE LETTER OF
AGREEMENT BETWEEN THE CITY AND THE LAGUNA BEACH POLICE
EMPLOYEES' ASSOCIATION," which ratifies a 10% pay incentive for each hour a Public Safety Dispatcher performs the duties of a Communications Training Officer; and (5) Introduce an Ordinance Amending Section 2.30.040 of the Laguna Beach Municipal it to a second reading.
11. PENSION OBLIGATION BONDS PRESENTATION, FEASIBILITY DISCUSSION,
AND DIRECTION RELATED TO POTENTIAL ISSUANCE
Staff Report: Director of Administrative Services Gavin Curran gave a presentation that updated the City Council on the benefits and risks of the Pension Obligation Bonds (POBs) and a lengthy discussion ensued.
Mary Beth Redding, Bartel Associates an actuary consultant, continued with the presentation discussing the analysis and valuation of the proposed POBs.
Jim Fabian, Fieldman, Rolapp & Associates a financial consultant, summarized the potential POB scenarios.
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Laguna Beach City Council Minutes March 15, 2022
Questions of Staff: Councilmember George Weiss voiced concerns about not solving the problem and he stated that it was important to address the root cause of POBs. He asked about the ability for the city to borrow money for other projects.
Director of Administrative Services Gavin Curran replied to Councilmember Weiss stating that the POBs would save the city money; however, he said the obligation would not go away, and there were risks associated. He commented that there was not a borrowing risk because the city would not be adding new debt but replacing old debt, and he clarified.
Jim Fabian, Fieldman, Rolapp & Associates a financial consultant, addressed Government Finance Officers (GFOA) concerns of the issuance of POBs.
Councilmember George Weiss confirmed with the consultants that the estimated issuance costs were a one-time fee.
Councilmember Toni Iseman asked about shopping around for the best cost of the bonds.
Jim Fabian, Fieldman, Rolapp & Associates a financial consultant, described the costs associated with the bonds.
Councilmember Toni Iseman asked the City Treasurer for her perspective. City Treasurer Laura Parisi advised that she would look hard into the volatility of the market place at this particular time.
Public Testimony: John Thomas discussed risks and alternatives to the POBs and he offered suggestions.
Councilmember Comments: Mayor Pro Tem Bob Whalen stated that he supported authorizing the city to engage bond counsel and to begin the validation process, and he requested that staff bring back POB alternatives for the City Council to review.
Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to:
(1) Direct staff to report back with alternatives for Pension Obligation Bonds; and (2) Direct the City Manager, or her designee, to return with a resolution that authorizes (1) the City to pursue the issuance of pension obligation bonds to refund its CaPERS Unfunded Accrued Liability (UAL), and (2) the commencement of judicial validation proceedings related to the issuance of such POB(s), and (b) authorize the City Manager, or her designee, to perform an informal request for proposal process and retain validation (bond) counsel to initiation and complete the eight-step validation process for a fee between $25,000-$40,000, plus court filing fees of $3,000-$5,000. -9-
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12. CONSIDERATION OF OPTIONS RELATED TO CITY COUNCIL CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) TRAINING (ISEMAN)
Councilmember Toni Iseman commented that she was requesting the City Council be educated on CEQA. She stated there had been prior training; however, she asserted that there is a need for updated training on CEQA.
City Manager Shoreh Dupuis discussed the CEQA training options for the City Council.
Councilmember Toni Iseman commented that she supported Option 1 of the agenda report; three-hour, in-person or online sessions.
Public Testimony: Pat Gallis expressed that city staff were CEQA-educated and that training for the City Council was a waste of time.
Councilmember Comments: Councilmember George Weiss stated that he supported Option 1 in the agenda report.
City Manager Shoreh Dupuis confirmed with the City Attorney that the training would require noticing per the Brown Act.
Councilmember Toni Iseman explained why CEQA training was important for Councilmembers.
Mayor Sue Kempf stated that the training session presented by Kathy Jensen of Rutan Tucker was specific to the City Council's needs and she commented that CEQA training would be too broad.
City Manager Shohreh Dupuis said she would find out Kathy Jensen's availability to provide training. She added that if Jensen is not available, she would request that the CEQA sessions be tailored to the City Council.
Councilmember Peter Blake commented that he did not support attending CEQA training sessions.
City Attorney Phil Kohn suggested making Jensen's presentation accessible to anyone interested in watching it if it is available.
City Manager Shohreh confirmed that the Jensen training session would be voluntary and open to anyone interested in participating
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Moved by Mayor Sue Kempf, seconded by Mayor Pro Tem Bob Whalen, and carried unanimously 5/0 to direct staff to make available the previously provided training that was recorded, if possible; otherwise, determine if the presentation can be provided again, and if not, opt for the online on-demand training.
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COUNCILMEMBER ITEM
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13. CLIMATE CHANGE RESOLUTION (WEISS)
A request by Councilmember George Weiss for the Council to adopt a Climate Change resolution.
The Council opted not to move forward on this item as presented.
PUBLIC HEARING FOR APPEAL
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[This item was heard before Regular Order Agenda Item #9.] A. APPEAL OF CONDITIONAL APPROVAL OF TEMPORARY USE PERMIT 21-9393, TO ALLOW OUTDOOR DINING WITH ALCOHOL SERVICE AT 31732 COAST
HIGHWAY (AHBA) AND ESTABLISH AN OFF-SITE OUTDOOR DINING AREA (NO WAITER SERVICE) AT 31726 COAST HIGHWAY
Staff Report: Director of Community Development Marc Wiener gave a presentation discussing the appeal of the Community Development Director's conditional approval of a Temporary Use Permit (TUP) to allow outdoor dining with alcohol service at the commercially zoned property, 31732 Coast Highway (AhbA), and establish an off-site outdoor dining area without waiter service at an adjacent property at 31726. He said the tenant (appellant) residing behind the off-site dining area alleged that the off-site dining area created noise impacts, operated akin to a bar rather than a restaurant, and that a Conditional Use Permit (CUP) should have been required in lieu of issuing a TUP through the City's pilot program developed in response to COVID-19.
Questions of Staff: Councilmember Peter Blake confirmed with staff that the City had received two complaints from adjacent neighbors and the TUP could be withdrawn if the restaurant was not in compliance with the conditions of the TUP.
Testimony in Support of the Appeal: Tiffany Michou, appellant, described her reasons for appealing the TUP and she requested the City Council grant her appeal and deny the TUP at AhbA restaurant.
Dave Kashvova, Laguna Beach resident, listed the negative impacts on the neighborhood from the restaurant.
John Thomas, South Laguna resident, read a letter from the South Laguna Civic Association supporting the appeal to deny the TUP at AhbA restaurant.
Ann Christoph, business owner and resident of South Laguna, stated that she supported successful businesses; however, she said that it was important not to negatively impact the neighborhood.
Matthieu Thibaud said he supported granting the appeal and he explained. -11-
Laguna Beach City Council Minutes March 15, 2022
Testimony in Opposition of the Appeal: Nick Bennett, applicant and owner of AhbA, thanked the City for implementing economic relief patios for small restaurants that had been negatively impacted by COVID-19 restrictions. He explained that they respected both neighbors and clientele at AhbA and he had been complying with the TUP conditions.
Bennett explained that this patio extension was crucial to the survival of AhbA restaurant.
Councilmember Peter Blake confirmed with the applicant that the appellant was a tenant that had moved into the community seven months ago.
Councilmember George Weiss asked about the patio extension (Helen's) and if it is a separate entity from AhbA. Nick Bennett, applicant and owner of AhbA, explained that AhbA and Helen's are one entity and he explained.
Councilmember Toni Iseman asked several questions of the applicant, including the number of seats at Helen's and AhbA, music on the premises, ingress and egress to Helen's, and his liquor license. Nick Bennett, applicant and owner of AhbA, responded to each question.
Councilmember George Weiss asked for clarification pertaining to the number of seats at AhbA and Helen's, and a lengthy discussion ensued.
Continent are Weier an as ed a he ping for an effective rect de community is worth the time and money to pursue a CUP for the long-term.
Mayor Pro Tem Bob Whalen asked about operations at Helen's. Nick Bennett, applicant and owner of AhbA, described how AhbA and Helen's function.
Mayor Pro Tem Bob Whalen confirmed with the applicant that AhbA/Helen's closed at 9:00 p.m. during the week, and 10:00 p.m. on the weekend.
Melanie Stabaline, Rona Gromet, Lucy Johnson, Carlos Duran, Ryan Arthur, John Secretan, Logan Gulla, Carolyn Keegan, Michael Kovach, Aaron Kasha, Scott McCarter, Kendra, Greyson Benson, Imani Beam, Tiffany Khakdorst and Melissa voiced their support for the TUP at AhbA/Helen's and they listed their reasons.
Rebuttal: Tiffany Michou, appellant, clarified that her appeal did not include AhbA, and she was only concerned about the operations at Helen's.
Councilmember Comments: Councilmember Toni Iseman responded to the public comments.
Councilmember George Weiss stated that it is neighborhood establishments that are important for the community, and he asked about the CUP process and trash container issues.
Director of Community Marc Wiener responded to Councilmember Weiss and described the CUP process, and he added that the trash concerns had been resolved. -12-
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Mayor Pro Tem Bob Whalen commented that he supported granting the TUP and he clarified that Ahba/Helen's is open until 9:00 p.m. on weeknights and 10:00 p.m. on the weekends.
Councilmember George Weiss commented that he would support the TUP, keeping in mind that the applicant is moving towards obtaining a CUP.
Mayor Sue Kempf stated that she supported the approval of the TUP at Ahba/Helen's.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Peter Blake, and carried unanimously 5/0 to deny the appeal and sustain the Director's conditional approval of Temporary Use Permit 21-9393, as modified by the Council, to close the outdoor dining area Sunday through Thursday by 9:00 p.m.
ADJOURNMENT
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There being no further business, Mayor Kempf at 11:06 p.m., Tuesday, March 15, 2022, adjourned 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 29, 2022, at City Hall, 505 Forest Avenue, Laguna Beach California. ****** *********
Approved: April 12, 2022 I that
Sue Kempf, Mayor
Ann Marie MEkay, City Clenk
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