Laguna Beach City Council Minutes April 26, 2022
MINUTES
LAGUNA BEACH CITY COUNCIL
REGULAR HYBRID VIRTUAL/IN-PERSON MEETING
April 26, 2022
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, April 26, 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 Labor Negotiators (pursuant to Government Code section 54957.6): Reviewing the City's position and giving instruction to its negotiator with regard to the Laguna Beach Municipal Employees Association and the Laguna Beach Management Group; City negotiator is Shohreh Dupuis, City Manager.
City Attorney Phil Kohn reported that in this evening's Closed Session, the City Council received a status report on the ongoing negotiations with the Laguna Beach Municipal Employees Association and the Laguna Beach Management Group.
EXTRAORDINARY BUSINESS
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Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Toni Iseman, and carried unanimously 5/0 to approve Extraordinary Business items 1 - 4
PROCLAMATION DECLARING MAY AS MENTAL HEALTH AWARENESS MONTH Approved the Proclamation recognizing May as Mental Health Awareness Month in Laguna Beach.
PROCLAMATION RECOGNIZING THE 53RD ANNUAL PROFESSIONAL
MUNICIPAL CLERKS WEEK MAY 1 - MAY 7, 2022
Approved the Proclamation recognizing the 53rd Annual Professional Municipal Clerks Week May 1 - May 7, 2022.
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UPDATE ON CALTRANS PROJECTS WITHIN THE CITY OF LAGUNA BEACH Received and filed the update from Caltrans staff regarding projects within the City.
Bob Bazargan, Project Manager, and Matthew Cugini, Deputy Director of Project Delivery, for Caltrans gave a presentation discussing the Caltrans projects in Laguna Beach.
UPDATE FROM SOUTHERN CALIFORNIA EDISON CONCERNING RECENT
POWEROUTAGES IN LAGUNA BEACH
Received and filed the update from Southern California Edison concerning recent power outages in Laguna Beach.
Christopher Clarke, District Manager, Darren Halverson, Local Planning Manager, and Armando De La Libertad, Government Relations, of Southern California Edison gave a presentation discussing the recent power outages in Laguna Beach.
PUBLIC COMMUNICATIONS
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Jeffrey Redeker, Laguna Beach Rotary Club, invited everyone to attend the 2022 Grapes for Grads event on May 1 at the Festival grounds from 1:00 p.m. to 5:00 p.m., noting that the annual event enables the Rotary Club to provide more scholarships than any other organization in Laguna Beach.
Erin Slattery announced herself as the new Events & Marketing Manager for the Laguna Beach Chamber of Commerce, and she announced several upcoming Chamber events.
Mouissa introduced herself as the Public Sector Manager with Waste Management, and introduced her team, Isabel Rios, Regional Manager, and Davey Clark, who has been Laguna Beach's Route Manager for over 35 years.
Tim Welch expressed his concerns related to a recent policy change by Community Development, no longer requiring fence applications to be signed off by adjacent neighbors. Community Development Director Marc Wiener explained that per the Laguna Beach Municipal Code, fences are exempt from design review and the policy was not consistent with the Code. Wiener advised that the property owner has agreed to lower the proposed fence to 5 feet, which is the required height per the Building Code for the water feature on the property.
Marty Blue, 37 S. La Senda, thanked the Council for remanding the project at 44 S. La Senda. She expressed her hope that the revised design will be more compatible with the community and does not block her partial view.
Pat Gallis requested another 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, and asked who will pay the costs and if the City can countersue. -2-
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Paul Merritt requested that recycling bins be provided at Aliso Beach.
Anne Caenn, Village Laguna, noted the recent passing of Bonnie Hano, and some of the Hanos' accomplishments.
Gene Felder once again referenced a September 21, 2021, letter from Senior Deputy District Attorney Steven Schriver, which noted that the Council waived confidentiality regarding the June 29, 2021, Closed Session and openly discussed the proceeding during its August 24, 2021, meeting.
Felder again asked if the Council agrees that there was a clear violation of the Brown Act by discussing Hotel Laguna without proper noticing.
David Goldberg, Three Arch Bay, noted that the community is not a homeowners association as defined by the Davis-Stirling Act, but rather is a private entity.
Chris Catsimanes expressed consternation with the City's intent to generate a ballot initiative to compete against the Laguna Residents First initiative.
Katy Parks Wilson, Three Arch Bay, provided history on the origins of the Three Arch Bay Architectural Review Board related to the community's incorporation into the City.
Ruben Flores commended the City's waterwise efforts and encourage the City to strive to be "zero trash." He requested an increase in "attractive" trash and recycle receptacles, and the use of eco- friendly trash bags.
MJ Abraham referenced an email she sent on April 16 to Councilmembers regarding Councilmember Peter Blake's behavior and suggested putting into practice Chapter 15 of Robert's Rules in dealing with an unruly member.
COUNCIL AND STAFF REPORTS
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City Treasurer Laura Parisi noted that cash and investments are at a new all-time high due to the current incredible inflation period, and recommended that she either expand her monthly investment report, or convene with the ad hoc investment committee.
City Clerk Ann Marie McKay reported that two more initiatives have qualified for the ballot in Laguna Beach, one regarding hotel development and one regarding hotel workers. As there was with the Laguna Residents First initiative, there will be an item on the next Regular City Council meeting agenda for the City Council to (1) receive and file the certifications and (2) determine whether to adopt the proposed measures "as is" or to submit the measures "as is" to the voters.
City Manager Shoreh Dupuis invited the Councilmembers to attend the employee picnic on Thursday.
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Regarding Merritt's request, City Manager Shohreh Dupuis advised that Aliso Beach is managed by the County, so she will have staff contact the County about the request.
Police Chief Jeff Calvert updated the Council on efforts for loud vehicle legislation to increase penalties. He advised that Assembly Bill 2496 will go to the appropriations committee next, and is a great step in the right direction.
City Attorney Phil Kohn advised that the hearing for the Kirby lawsuit has been rescheduled to May 20, and the lawsuit regarding the City's historic preservation program is still scheduled for a status hearing on May 26.
Councilmember George Weiss reported that Rivian is behind schedule due to contract and supply issues, now projecting to open mid-2023.
Councilmember Peter Blake expressed his support of Elon Musk's purchase of Twitter, and he stated that he works for those that elected him.
Regarding the Treasurer's Report, Mayor Pro Tem Bob Whalen agreed that this is a good time to have the ad hoc committee convene.
Mayor Sue Kempf reported that Ginger Osborne was recognized as a Woman of Distinction by Assemblywoman Petrie-Norris' office for her distinguished service and leadership within the community. Kempf also reported that she learned at the blood drive sponsored by Kelly Perkins that blood banks are down 62%, causing doctors to have to decide who gets blood, so she encouraged people to donate blood. Mayor Kempf also reported on the Laguna Beach Art Stars event held Sunday night, showing the award given to the City for Best Public Art Program. Mayor Kempf also reported on the Investigative Hearing on Homelessness in Orange County hosted by Orange County Supervisor Katrina Foley.
Councilmember Toni Iseman stated that Councilmember Peter Blake's statements about her were not factual.
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 6-8, 10-11, and 13-14.
5. MINUTES OF THE CITY COUNCIL MEETING
Public Testimony: John Thomas discussed adding detailed language to the April 12, 2022, minutes to reflect Mayor Pro Tem Whalen's comments pertaining to a service contract with StuMollrich Communications.
Councilmember Comments: Mayor Sue Kempf asked for the City Clerk's professional opinion.
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City Clerk Ann Marie McKay responded to Mayor Kempf stating that the minutes are a summary of the Councilmembers' comments and not intended to be verbatim. She added that best practices were action minutes, and she would look to Mayor Pro Tem Whalen as to whether or not he wanted to include additional language. McKay commented that the motion for the item was correct.
Mayor Pro Tem Whalen stated that he was satisfied with the language in the minutes, and that his comments and the motion had been accurately reflected.
Councilmember Toni Iseman voiced concerns with the hiring of the consultant.
City Clerk Ann Marie McKay restated that the minutes were written to reflect the action taken on an item, not what may have been in the minds of the Councilmembers when that action was taken. She pointed out that in the 1960s when there were no recorded City Council meetings, the minutes taken were action minutes to avoid any bias.
Councilmember Toni Iseman confirmed with staff that the public could be directed straight to the item being deliberated on the videotape.
Councilmember George Weiss requested a correction to the spelling of the last name of resident Kurt Wiese.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Peter Blake, and carried 4/1 to approve the Minutes of the Regular Meeting of the City Council of April 12, 2022.
Roll Call:
Ayes: Blake, Weiss, Whalen, Kempf
Noes: Iseman
WARRANT LISTING
Approved the General Warrants and payroll disbursements.
Warrants: $1,526,611.63 04/01/2022
Payroll #21: $1,288,458.42 04/08/2022
Total $2.815.070.05
CITY TREASURER'S MONTHLY INVESTMENT REPORT FOR MARCH 2022 Received and filed the Monthly Investment Report for March 2022. -5-
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8. PARKING, TRAFFIC, AND CIRCULATION COMMITTEE RECOMMENDATIONS Approved the Parking, Traffic, and Circulation Committee's recommendation to install a parking restriction on Laguna Canyon Road by adopting Resolution #22.030 titled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH,
CALIFORNIA, ESTABLISHING PARKING RESTRICTIONS ON LAGUNA CANYON ROAD ADJACENT TO 20372 LAGUNA CANYON ROAD."
9. SERVICE PROVIDER AGREEMENT FOR ELECTRIC VEHICLE FLEET AND
CHARGING STATION ASSESSMENT
Councilmember George Weiss pulled this item asking for the scope of the project.
Staff Report: Director of Public Works Mark McAvoy briefly described the program.
Mayor Pro Tem Bob Whalen asked for the reasons that staff chose the desired service provider. Director of Public Works Mark McAvoy explained the rationale for hiring ICF Incorporated to manage the electric vehicle fleet and charging station assessment. He added that city staff would be overseeing the project.
Public Testimony: Ruben Flores suggested offering rebates to residents for the conversion from gas to electric lawnmowers.
Alex Rounaghi proposed that input be given from residents and the Environmental Sustainability Committee.
Hoiyin Ip thanked staff for moving forward with the use of electric vehicles.
Director of Public Works Mark McAvoy responded to the public commenting that the Environmental Sustainability Committee would be giving their feedback as the plan was being developed.
Moved by Councilmember George Weiss, seconded by Mayor Pro Tem Bob Whalen, and carried unanimously 5/0 to:
(1) Authorize the City Manager, or her designee, to execute service provider agreement #22-25 with ICF Incorporated, LLC, in the amount of $74,888, for the Electric Vehicle Fleet and Charging Station Assessment;
(2) Authorize the City Manager, or her designee, to approve project related expenses and change orders for unforeseen circumstances for an amount not-to-exceed $11,000; and (3) Transfer an appropriation of $86,000 in savings from the following completed projects:
862 Summit Dr. Slope Repair ($26,000), 870 Baja St Retaining Wall Replacement ($29,000), Ramona Alley Decorative Paving Replacement ($24,000), and Coast Highway Intersection Improvements ($7,000) to fund the assessment. -6-
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10. AWARD OF CONTRACT FOR LED STREET LIGHT CONVERSIONS
(1) Awarded and authorized the City Manager, or her designee, to execute contract #22-26 with Crosstown Electrical & Data, Inc., in the amount of $91,943, for the LED Street Light Conversions; and
(2) Authorize the City Manager, or her designee, to approve project related expenses and construction change orders for unforeseen circumstances for an amount not-to-exceed $10,000.
11. COOPERATIVE AGREEMENT FOR JOINT SPECIAL WEAPONS AND TACTICAL
RESPONSE TEAM BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF
LAGUNA BEACH
Mayor Sue Kempf pulled this item stating that this was good news, and she requested a brief report.
Staff Report: Chief of Police Jeff Calvert summarized the staff report.
Mayor Pro Tem Bob Whalen confirmed with staff that the training was monthly and there would be two officers at a time that would participate in the program.
Public Testimony: Julian Harvey, Matt Lawson, and Louis Weil stated that they supported the city's efforts to better train its officers.
Moved by Councilmember Toni Iseman, seconded by Councilmember Peter Blake, and carried unanimously 5/0 to authorize the City Manager, or her designee, to execute Cooperative Agreement #22-27 between the City and the City of Newport Beach, through December 31, 2023, renewable for additional one-year periods not to exceed a total of five (5) years, for the Joint Special Weapons and Tactical Response Team.
12. LEASE AGREEMENT FOR PROPERTY LOCATED AT 30802 COAST HIGHWAY TO
PROVIDE FOR ADDITIONAL PUBLIC PARKING IN SOUTH LAGUNA
Councilmember Toni Iseman and Mayor Sue Kempf pulled this item to garner additional information.
Staff Report: Director of Public Works Mark McAvoy described the property location for the proposed parking lease agreement.
Mayor Sue Kempf stated this was an ideal location to help improve parking in Laguna Beach.
Public Testimony: Pat Gallis confirmed with staff that it would not only provide additional parking but would add more revenue to the city.
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Ann Christoph stated that this would be a good use of the property; however, she suggested the area be redesigned and she described.
Director of Public Works Mark McAvoy responded to Christoph's comments and a discussion ensued.
Louis Weil said he supported the parking lease agreement and making improvements to beautify the area.
Councilmembers Comments: Councilmember George Weiss asked about the $70,000 for improvements. Director of Public Works Mark McAvoy described the necessary improvements to the parking area, noting that there would be no redesigning of the lot; however, he added that the parking lot would meet ADA requirements.
Councilmember George Weiss confirmed with staff that there had been no discussions to purchase the lot.
Mayor Pro Tem Bob Whalen suggested staff work with Caltrans to ensure the sidewalk along the parking lot was widened. He thanked staff for creating this new parking opportunity.
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 execute a five-year lease agreement (Contract #22-28), with Hometown America Communities, for the property located at 30802 Coast Highway, to provide additional public parking, at a rate of $17,000 for the first year and $45,000 annually thereafter, with the option to extend the agreement for three additional five-year terms with a CPI-based rate adjustment; and (2) Appropriate $70,000 from the Parking Fund to facilitate improvements necessary to prepare the lot for public use.
13. PURCHASE OF REPLACEMENT TYPE I FIRE ENGINE
(1) Appropriated $950,000 from the Vehicle Replacement Fund to purchase one Type 1 fire engine;
(2) Authorized the City Manager, or her designee, to purchase one Pierce Type I fire engine, from Pierce Manufacturing, for an amount not-to-exceed $925,000, plus $25,000 for outfitting additional equipment.
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14. ADOPTION OF ZONING ORDINANCE #1670 REVISING THE CITY'S HISTORIC
PRESERVATION PROGRAM TO ACCEPT MODIFICATIONS RECOMMENDED BY
THE CALIFORNIA COASTAL COMMISSION
Adopted Ordinance #1670 titled, "AN ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING CHAPTERS 25.45, 25.05, 25.17, 25.18, 25.22,
25.38, 25.54, AND 7.70 OF THE LAGUNA BEACH MUNICIPAL CODE RELATING TO HISTORIC PRESERVATION" by approving a motion to waive further reading and adopt the Ordinance.
15. EXTENSION OF AN URGENCY ORDINANCE OF THE CITY OF LAGUNA BEACH.
CALIFORNIA, ADDING CHAPTER 25.95 TO THE LAGUNA BEACH MUNICIPAL
CODE REGULATING SINGLE FAMILY RESIDENTIAL ONE AND TWO-UNIT
DEVELOPMENTS AND URBAN LOT SPLITS PURSUANT TO CALIFORNIA SENATE BILL 9
Councilmember George Weiss and Mayor Sue Kempf pulled this item to clarify if the ordinance applied to both private and public streets.
Director of Community Development Marc Wiener proposed striking "public" from the ordinance to ensure the ordinance applied to all streets.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Adopt Ordinance #1671 to extend the City's Senate Bill 9 (SB 9) Urgency Ordinance (Ordinance No. 1668) for 10 months and 15 days, which would allow the City additional time to establish permanent regulations for SB 9 properties/projects; removing the word "public" from Section 25.95.060 (G); and
(2) Find that said action is statutorily exempt from California Environmental Quality Act (CEQA) under California Government Code sections 65852.21, subdivision (j) 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.
REGULAR ORDER
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16. PUBLIC HEARING REGARDING ANNUAL INTERSECTION VISIBILITY AND
SIDEWALK NUISANCE ABATEMENT PROGRAM
Staff Report: Director of Public Works Mark McAvoy briefly introduced the item explaining that there were 177 properties that required some form of abatement related to overgrown vegetation. He stated that currently only 22 properties needed abatement and it -9-
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was staff's recommendation to remove any remaining obstructions not removed by the property owner by June 13, 2022. McAvoy commented that the cost of that removal would be passed onto the property owner through the annual tax bill.
Councilmember Toni Iseman confirmed with staff that several letters were sent to residents to alert them to this process.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Toni Iseman, and carried unanimously 5/0 to direct the Director of Public Works to abate all noticed nuisances established by Resolution No. 22.020, if not removed by June 13, 2022.
17. PUBLIC HEARING FOR ANNUAL WEED ABATEMENT PROGRAM
Staff Report: Fire Marshall James Brown briefly introduced the item explaining that there were 378 vacant and developed properties on the weed abatement list.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Toni Iseman, and carried unanimously 5/0 to direct the Fire Chief to abate all noticed nuisances established by Resolution No. 22.019, excepting Properties 41, 227, 229, 231, 346 and 347 on Exhibit A not removed by May 22, 2022;
Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 4/0 (Councilmember Blake abstained) to direct the Fire Chief to abate all noticed nuisances established by Resolution No. 22.019 on Exhibit A for Property 41 not removed by May 22, 2022;
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 4/0 (Mayor Kempf abstained) to direct the Fire Chief to abate all noticed nuisances established by Resolution No. 22.019 on Exhibit A for Properties 346 and 347 not removed by May 22, 2022; and
Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 4/0 (Councilmember Weiss abstained) to direct the Fire Chief to abate all noticed nuisances established by Resolution No. 22.019 on Exhibit A for Properties 227, 229 and 231 not removed by May 22, 2022.
18. FIRST READING OF AN ORDINANCE AMENDING LAGUNA BEACH MUNICIPAL
CODES PERTAINING TO THE REGULATION OF SOLID WASTE
Staff Report: Senior Public Works Analyst and Solid Waste Coordinator Liz Avila gave a presentation i that discussed amending the Laguna Beach solid waste ordinance per state mandate SB 1383 requiring the reduction of organic waste disposal by 75% and increase edible food recovery by 20% by 2025.
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Questions of Staff: Mayor Pro Tem Bob Whalen asked how the city was doing to meet the requirements by 2025. Senior Public Works Analyst and Solid Waste Coordinator Liz Avila stated that currently the city was 100% compliant with businesses and multifamily housing; however, she said the ordinance needed to be adopted by June 14, 2022.
Mayor Pro Tem Bob Whalen commented that this was good news and he asked how the city would measure going forward to meet the state standards.
Senior Public Works Analyst and Solid Waste Coordinator Liz Avila responded to Mayor Pro Tem Whalen stating that the city would be working with the solid waste management company to ascertain meeting the state requirements.
Councilmember George Weiss confirmed from staff that a report could be provided with the average waste use from restaurants and multifamily housing.
Senior Public Works Analyst and Solid Waste Coordinator Liz Avila discussed composting in Laguna Beach.
Public Testimony: Hoiyin Ip stated that SB 1383 was a very important climate bill, and it was being recognized nationally. She asked if the edible food recovery portion could be implemented soon to provide food for the homeless.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and arried unanimously 5/0 to introduce an Ordinance amending Title 7, Chapter 7.16 an ection 7.18.050 of the City of Laguna Beach Municipal Code pertaining to the regulatio of solid waste including organic waste, 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 for the May 10, 2022, Regular City Council meeting.
19. INTRODUCTION AND FIRST READING OF ORDINANCE RELATED TO BUILDING
HEIGHT ALLOWANCES FOR COMMERCIAL STRUCTURES PROVIDING
SUBTERRANEAN PARKING FACILITIES
Staff Report: Senior Planner Anthony Viera gave a presentation introducing an ordinance related to building height allowances for commercial structures providing subterranean parking facilities.
Questions of Staff: Councilmember George Weiss asked about language in the ordinance and Senior Planner Anthony Viera clarified the language for Councilmember Weiss.
Mayor Pro Tem Bob Whalen confirmed with staff that the Planning Commission would review design guidelines and would be required to make specific findings that there was compliance for each of the four components.
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Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 4/0 (Councilmember George Weiss abstained) to introduce an Ordinance that modifies the height exemptions for commercial structures providing subterranean parking facilities by: 1) asking the City Clerk to read the title of the Ordinance; and 2) approving a motion to waive further reading of the Ordinance and to pass it to second reading.
20. CONDITIONAL USE PERMIT 19-5417, DESIGN REVIEW 21-10756, COASTAL DEVELOPMENT PERMIT 19-5419. VARIANCE 19-6134 (AMENDING
CONDITIONAL USE PERMIT 15-2146), AND A CATEGORICAL EXEMPTION AT 680
SOUTH COAST HIGHWAY (RED DRAGON)
Staff Report: Senior Planner Martina Caron gave a presentation discussing the Red Dragon restaurant at 680 South Coast Highway in connection with the major remodel determination made by the Coastal Commission and modifications to the prior design review approval to relocate the rooftop equipment and install umbrellas and obscure glass panels that would encroach into the additional building setback.
Questions of Staff: Councilmember Peter Blake stated that he supported the project and there should be conditions on the parking requirements.
Mayor Pro Tem Bob Whalen asked for clarification from the applicant regarding to the hours of operation.
Councilmember George Weiss questioned the applicant's request to open at 8:00 a.m.
Councilmember Toni Iseman asked about employee parking.
Senior Planner Martina Caron responded to Councilmember Iseman stating that condition 37 of the CUP directed the applicant to provide 30 spaces for employee parking.
Public Testimony: Jim Conrad, architect for the project, gave a presentation. He said the building had been remodeled as approved by the City Council. Conrad discussed the parking agreements with neighboring establishments that would fulfill the parking conditions of the CUP. He responded to the Councilmembers' stating that the applicant would like to open at 8:00 a.m. to offer dim sum breakfast.
Kelsey Zhao, applicant's daughter, read a letter from the applicant, Enshan Zhao.
Pat Gallis commented that he supported moving forward with the project.
Kurt Wiese stated that this was a good project; however, he voiced parking concerns and the impact on the neighborhood. He added that the project should have been heard by the Planning Commission to work out the details of the CUP. -12-
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Mayor Pro Tem Bob Whalen asked Wiese to speak about his concerns with employee parking.
Kurt Wiese responded to Mayor Pro Tem Whalen commenting that given enough time there would be an acceptable solution; however, he said there needed to be more discussions. He added that he would be agreeable to 52 general and 30 employee parking spaces based on the 150-seating capacity.
Paul Carter suggested a limousine service to lessen the parking concerns.
John Thomas suggested the City Council consider the occupancy load of the building.
Jacob Cherub voiced his many concerns with the project. He suggested the project go before the Planning Commission for more vetting.
Ruben Flores commented that the need for adequate parking could not be met with the proposed parking agreements.
Gene Felder stated the importance of the Red Dragon mitigating the negative impacts that the restaurant would create for the neighborhood, and he described.
Louis Weil said he supported the project going back to the Planning Commission to fully vet parking concerns.
Councilmember Comments: Councilmember Peter Blake restated that this was a great project and the applicant had done everything they could to mitigate parking issues. He said it would be important to condition the approval. Blake said he supported moving forward with the project.
Councilmember Toni Iseman confirmed with staff that findings had been made for the variance.
Director of Community Development Marc Wiener added to staff's response to Councilmember Iseman explaining the reasons staff had originally determined that the project was not a major remodel. He responded to the public's comments regarding parking and the occupant load of the building.
Councilmember Toni Iseman stated that she wanted to approve the project; however, she said it was important to protect the negative impact to the neighborhood. She commented that she was concerned that approving the project would set a precedent.
Director of Community Development Marc Wiener explained that the project was maintaining the use and was actually deintensifying the use while beautifying the building.
He added that the proposed parking management plan would improve parking in the neighborhood from the prior establishment at that location. - 13-
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Councilmember George Weiss stated that he supported the project; however, he voiced concerns about "pushing the envelope" with the proposed parking management plan and he explained. He said it needed to go back to the Planning Commission to establish better parking solutions, and he did not support the restaurant opening at 8:00 a.m. at this time.
Mayor Pro Tem Bob Whalen confirmed with the City Attorney that the seating use restriction would govern over the technical building occupancy. He commented that parking throughout Laguna Beach was complex, and it was important to garner neighborhood support with the enforcement of employees parking in assigned spaces and not in the neighborhood. He suggested setting parameters of maximum seating to 150, determine the appropriate hours of operation tonight, and then return to the City Council with the fully vetted parking management plan.
Mayor Sue Kempf said the discussion needed to be bifurcated between building and parking because of the variance findings.
Councilmember George Weiss stated that he did not have any issues with the variances, and he was mainly concerned with the parking management plan.
Councilmember Toni Iseman commented that variance findings were important to the discussion.
Mayor Sue Kempf voiced parking concerns in Laguna Beach.
Mayor Pro Tem Bob Whalen stated that he could make the findings for the land-use variances.
Councilmember Toni Iseman stated that a potential adjacent cooking school would further impact parking.
Mayor Sue Kempf confirmed that the Councilmembers supported a maximum of 150 seats and setting the hours of operation from 11:00 a.m. to 10:00 p.m. seven days a week.
Mayor Pro Tem Bob Whalen confirmed with staff that the City Council could approve the CUP with the condition that the project return to City Council to approve the finalized parking management plan.
Councilmember George Weiss confirmed with the applicant that takeout meals could be removed from the CUP
Mayor Pro Tem Bob Whalen highlighted a clerical error in number one of the findings for the variance.
Councilmember Peter Blake asked for clarification of the condition requesting that the applicant return to the City Council to obtain approval for the parking management plan. -14-
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Director of Community Development Marc Wiener addressed Councilmember Blake's concern, explaining that the City Council would be approving the entitlement tonight with the condition to approve the finalized parking management plan at a future hearing.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to adopt Resolution #22.031 titled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 19-5417, DESIGN REVIEW 21-10756, COASTAL DEVELOPMENT PERMIT 19-5419, VARIANCE 19-6134 AND SIGN PERMIT 22-0645 (AMENDING CONDITIONAL USE PERMIT 15-2146), AND A CATEGORICAL EXEMPTION AT 680 SOUTH COAST HIGHWAY," limiting the seat count to 150, hours of operation from 11:00 a.m. to 10:00 p.m. seven days a week, correcting finding 1 for the variance to state "because the project did [not] include the demolition...," requiring that employee parking be provided for all employees at all hours of operation, eliminating take- out, and replacing conditions 31, 32, and 37 with a condition that the applicant provide a parking management plan for approval by the City Council prior to the issuance of a Certificate of Occupancy.
COUNCILMEMBER ITEM
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21. APPROPRIATION OF FUNDS FOR A CITY OF LAGUNA BEACH HOUSING FUND (WEISS)
A request by Councilmember George Weiss for the Council to advice and discuss the re- allocation of a major share of the Transient Occupancy Tax collected from Short-Term Lodging units in Laguna Beach.
The Council agreed to consider this idea as part of the budget workshop. Moved by Councilmember George Weiss, seconded by Mayor Pro Tem Bob Whalen, and carried unanimously 5/0 to have Weiss and Whalen continue working with the Housing & Human Services Committee on funding options.
ADJOURNMENT
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There being no further business, Mayor Kempf at 10:45 p.m., Tuesday, April 26, 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, May 10, 2022, at City Hall, 505 Forest Avenue, Laguna Beach California. /#*****
Approved: May 10, 2022 Heal
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
HYBRID VIRTUAL/IN-PERSON REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH
April 26, 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, April 26, 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 10:45 p.m., Tuesday, April 26, 2022, adjourned 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, May 10, 2022, at City Hall, 505 Forest Avenue, Laguna ***************
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 27 day of April 2022.
AGUNA BEACH CuuK
cly Cons orite Cly or Lagura Beach Calformia
•
JUNE 29. 1921
: COU CALIF
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 hybrid vırtual/in-person Regular Meeting of the City Council held on Tuesday, April 26, 2022, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on April 27, 2022, at the hour of 9:30 a.m., copy of the Notice was posted at a conspicuous place on or near the door of the place at whicl said meeting of the City Council was held.
Cuuska
City Clerk of the City of Laguna Beach, California