Laguna Beach City Council Minutes November 15, 2022
MINUTES
LAGUNA BEACH CITY COUNCIL
REGULAR HYBRID VIRTUAL/IN-PERSON MEETING
November 15, 2022
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was alled to order on Tuesday, November 15, 2022, in the City Hall, 505 Forest Avenue, Laguna Beach alifornia, Mayor Kempf presiding
ROLL CALL
PRESENT: COUNCILMEMBERS: Blake, Iseman, Weiss, Whalen, Kempf PARTICIPATING REMOTELY: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Peter Blake led the Pledge of Allegiance.
CLOSED SESSION
******************
Confer with Legal Counsel Regarding Existing Litigation (pursuant to Government Code section 54956.9(d)(1))) - three items: workers' compensation claims for (1) Chintala [Claim No. 14-118995]; (2) Germaine [Claim No. 18-135836]; and (3) Gifford [Claim No. 16-125493].
City Attorney Phil Kohn reported that in this evening's Closed Session, the City Council voted unanimously to provide authorization and direction to pursue settlement discussions on three workers' compensation claims.
EXTRAORDINARY BUSINESS
*****************************
RESOLUTION COMMENDING TONI ISEMAN FOR HER OUTSTANDING
SERVICE AS A MEMBER OF THE CITY COUNCIL
Approved Resolution #22.086 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, COMMENDING
COUNCILMEMBER TONI ISEMAN FOR OUTSTANDING
CONTRIBUTIONS AND DEDICATION TO THE LAGUNA BEACH COMMUNITY AS A MEMBER OF THE CITY COUNCIL" recognizing Councilmember Toni Iseman's 24 years of service as a member of the Laguna Beach City Council. -1-
Laguna Beach City Council Minutes November 15, 2022
PUBLIC COMMUNICATIONS
****************************
Judie Mancuso suggested that the Council consider adopting a local ordinance to address political advertising to verify the accuracy of the information included.
Beth Leeds reiterated her concerns about public safety and the crosswalks on Coast Highway.
Karyn Philippsen, Laguna Beach Sister Cities, announced that the Laguna Beach Sister Cities Association received the 2022 Innovation in Arts and Culture Award in the under 25,000 category.
Edward Bayuk requested the City Attorney's assistance with the District Attorney regarding an old trespassing complaint and confidential report.
Pat Gallis requested another update on the CEQA-related lawsuits.
Alex Monda commented on the morale in the Police Department, referencing a Police Employee Association survey, and he requested that the City Manager and Police Chief address it.
Emil Monda referenced an October 5, 2022, memorandum from the City Manager regarding rules relating to political activities of public employees that states that City employees shall not participate in a campaign in any form or manner while wearing a city uniform or any insignia identifying them as employees or officers of the City of Laguna Beach; however, the City Manager made no public statement regarding the photo of Councilmember Peter Blake with the Police Chief and the Fire Chief used in a political ad.
Michele Monda commented that she likes the new seal on the dais, and stated that she looks forward to the new Council. She also commented on the political ad with the photo of Councilmember Peter Blake with the Police Chief and the Fire Chief.
COUNCIL AND STAFF REPORTS
********************************
City Clerk Ann Marie McKay advised that the County is providing updated results from the November 8, 2022, General Election on ocvote. gov/results until all votes are counted, and estimates just over 200,000 ballots left to process, with possibly around 2,500 of those Laguna Beach ballots.
McKay stated that it is highly unlikely there will be any significant changes in the City's Council race and ballot measures results.
City Manager Shoreh Dupuis advised that she had addressed the issue regarding the political ad with the City Council.
City Attorney Phil Kohn advised that no briefs have been filed for the appeal on the Kirby lawsuit, and it will likely be 6 to 12 months before a hearing is scheduled.
Councilmember George Weiss acknowledged that Measure Q did not win because it was too complicated and should have been more limited in scope. -2-
Laguna Beach City Council Minutes November 15, 2022
Councilmember Peter Blake disputed assertions made during public comments regarding the City Manager and Police Chief.
Mayor Pro Tem Bob Whalen reported on the Veteran's Day ceremony and this year's Coast Film & Music Festival.
Mayor Sue Kempf reiterated that the LagunaTunes Community Chorus will present a live, free concert on Sunday, November 20 at 4:00 p.m. in the Artists' Theater at Laguna Beach High School, and she reported that the Laguna Community Concert Band at will have a free concert, 'The Phantom Meets Harry Potter," at the Playhouse at 7:00 p.m..
CONSENT CALENDAR
**********************
Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempf and carried unanimously 5/0 to approve items 1-5, 8-13, and 15.
2. MINUTES OF THE CITY COUNCIL MEETING
Approved the Minutes of the Regular Meeting of the City Council of October 18, 2022.
WARRANT LISTING
Approved the General Warrants and payroll disbursements.
Warrants: $2,994,329.23 10/14/2022
$2,326.993.44 10/28/2022
$5,321,322.67
Payroll #7 $1,395,859.21 10/01/2022
Payroll #8 $1,338,523.72 10/21/2022
$2,734,382.93
Total $8,055.705.60
4. CLAIMS AGAINST THE CITY
(1) Rejected claim #22-27 filed by Sami Fadel;
(2) Rejected claim #22-38 filed by George Basile; and
(3) Rejected claim #22-41 filed by Kennette Valencia.
- 3-
Laguna Beach City Council Minutes November 15, 2022
CITY TREASURER'S MONTHLY INVESTMENT REPORT FOR SEPTEMBER 2022 Received and filed the Monthly Investment Report for September 2022.
APPROVAL OF 2022 MILLS ACT CONTRACTS FOR SIX (6) PROPERTIES Councilmember George Weiss pulled this item to ask about the newly introduced reporting form that would require property owners to provide documentation to city staff confirming that the work identified in a 10-year rehabilitation and maintenance plan had been performed.
He asked if follow-up inspections would be conducted.
Mayor Pro Tem Bob Whalen confirmed that he was within 500 feet and would need to recuse himself from voting on the property at 416 Holly Street.
Director of Community Development Marc Wiener responded to Councilmember Weiss stating that the need to complete the forms would be applied to all Mills Act homes in Laguna Beach and documentation would be required to ensure that the work had been performed prior to inspections.
Councilmember Toni Iseman suggested creating a flyer listing the benefits of historic homes that would be accessible to the public at city hall.
(1) Moved by Mayor Sue Kempf, seconded by Councilmember George Weiss, and carried unanimously 5/0 to adopt the Resolutions approving Mills Act Preservation Agreements for 375 Flora Street (Resolution #22.087), 1086 Glenneyre Street (Resolution #22.088), 427-435 North Coast Highway (Resolution #22.090), 2949 South Coast Highway (Resolution #22.091), and 2767 Victoria Drive (Resolution #22.092); (2) Moved by Mayor Sue Kempf, seconded by Councilmember George Weiss, and carried unanimously 4/0 (Mayor Pro Tem Bob Whalen abstained) to adopt Resolution #22.089 approving Mills Act Preservation Agreement for 416 Holly Street; and (3) Authorized the City Manager, or her designee, to sign the contract agreements with the owners of the subject properties.
LANG PARK PERMANENT PICKLEBALL COURT CONVERSION, AND
CATEGORICAL EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Report: Director of Public Works Mark McAvoy briefly summarized the staff report that described the conversion of temporary pickleball courts to permanent use.
Questions of Staff: Councilmember George Weiss voiced concerns about noise impacts to the neighboring residents and he asked how staff intended to mitigate the noise. Director of Public Works Mark McAvoy stated that the installation of sound proofing, Acoustiblok fencing, on the proposed pickleball courts should mitigate sound concerns. -4-
Laguna Beach City Council Minutes November 15, 2022
Public Testimony: Claudia Redfern, Recreation Committee, said the Committee unanimously approved conversion of the multi-use courts at Lang Park to pickleball courts.
Tijuana Hamilton stated that the recommendation did not enhance the City of Laguna Beach recreation needs and she explained. She said city staff needed to review a comprehensive recreation plan that benefited all residents.
Jolie Eisner, MJ Abraham, Lynda Mountain, Christy Miller, Lynn Epstein, Linda Grossman, and Jo Jenson stated that the unofficial data taken over 10 months showed that there was a huge need for pickleball courts and there was an underutilization of the tennis courts.
Paul Hamilton stated that he did not support the conversion of tennis courts to pickleball courts at Lang Park and he suggested building courts in a separate location that did not take away tennis courts in Laguna Beach.
Susana Cruciana, neighbor to the proposed pickleball courts, voiced serious concerns about the noise impacting the neighboring senior community. She suggested moving the courts to the other side of Lang Park away from residents.
Dale Van Scoyk, an acoustics engineer and pickleball expert, stated that although he supported the expansion of pickleball, it was important to mitigate the sound and to work with residents. He asked if staff had conducted noise studies to measure the sound levels before and after the installation of the Acoustiblok fencing. Van Scoyk added that this location was not appropriate for pickleball courts.
Paul Pines stated that he had utilized Acoustiblok to alleviate noise from their air conditioning unit, and it had not been effective.
Director of Public Works Mark McAvoy responded to public comments, describing the number of tennis courts, pickleball courts, and multi-use courts in Laguna Beach.
Councilmember Comments: Mayor Pro Tem Bob Whalen asked about the feasibility of relocating the proposed courts further from residential properties. City Manager Shoreh Dupuis responded that the option had not been considered because the entire Lang Park would need to be reconstructed.
Mayor Pro Tem Bob Whalen commented that he was concerned about the neighbors and blocking the sound from the pickleball courts. He confirmed with staff that a study had not been conducted to determine how much sound Acoustiblok would reduce. Whalen added that he was not comfortable making the pickleball courts permanent with no evidence that the sound proofing was effective.
Councilmember Toni Iseman stated that more needed to be done to ensure the residents were not negatively impacted. She suggested building pickleball courts at the dog park in Laguna Canyon.
-5-
Laguna Beach City Council Minutes November 15, 2022
Mayor Sue Kempf said that she approved converting the courts permanently and conducting a study to determine where more pickleball courts could be built in town. She commented that she supported reviewing sound attenuation at Lang Park.
Councilmember George Weiss stated the importance of the noise impact to neighbors. He commented that he agreed with Mayor Pro Tem Whalen and to wait on making the courts permanent until sound studies could be conducted.
Councilmember Peter Blake said he supported moving forward with converting the pickleball courts permanently.
A discussion took place regarding the motion.
Moved by Councilmember George Weiss and seconded by Councilmember Toni Iseman to only install the Acoustiblok and gather data on its effectiveness. Motion failed.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Peter Blake, and carried unanimously 5/0 to direct staff to convert the one tennis court at Lang Park into three permanent pickleball courts, and approve a Categorical Exemption under the California Environmental Quality Act, and that an acoustic report is to be completed before and after the installation of the sound attenuation to determine its effectiveness.
LAGUNA BEACH TOURISM MARKETING DISTRICT ANNUAL REPORI
Received and approved the Laguna Beach Tourism Marketing District Annual Report.
SERVICE PROVICER AGREEMENT FOR POLICE DEPARTMENT ALARM
PROGRAM MANAGEMENT
Authorized the City Manager to execute service provider agreement #22-113 with Alarm Program Systems, LLC, for a three-year period, to manage the City's alarm notification program.
10. 2023 PERFORMANCE SCHEDULE FOR CITY FUNDED CONCERTS
(1) Approved the 2023 performance schedule for City funded concerts; (2) Approved an expenditure of up to $25,000 for the Pacific Opera Project; (3) Authorized the use of amplified sound during the concerts; and (4) Authorized the City Manager to approve revisions to the location or dates of the performances as required.
-6-
Laguna Beach City Council Minutes November 15, 2022
11. FINDINGS FOR VIRTUAL MEETINGS OF CITY COUNCIL AND CITY
COMMISSIONS, COMMITTEES, BOARDS AND OTHER BODIES
Adopted Resolution #22.093 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, MAKING FINDINGS AND
DETERMINATIONS FOR AUTHORIZING VIRTUAL MEETINGS OF CITY COUNCIL
AND CITY COMMISSIONS, COMMITTEES, BOARDS, AND OTHER BODIES PURSUANT TO ASSEMBLY BILL 361."
FISCAL YEAR 2022-23 CARRYOVER APPROPRIATIONS
(1) Authorized carryover appropriations of $76,996,350 to Fiscal Year 2022-23 to provide continuing funding for projects in progress at the end of the last fiscal year; and (2) Authorized carryover revenues estimates of $9,709,996 expected to be received in Fiscal Year 2022-23.
13. PURCHASE OF TWO (2) POLICE MOTORCYCLES
Appropriated $62,100 from the Vehicle Replacement fund to purchase two, 2023 BMW R1250 RT-P Police Motorcycles.
14. AMENDMENT TO SERVICE PROVIDER AGREEMENT FOR BUILDING AND
PLANNING SERVICES
Mayor Pro Tem Bob Whalen pulled this item to hear an update on the efforts to move towards hiring additional in-house staff in Community Development.
Director of Community Development Marc Wiener said they were currently interviewing for in-house positions that had been outsourced, to provide better service to residents. He explained the process.
City Manager Shohreh Dupuis added that staff were discussing hiring staff under an emergency process utilized by other cities to shorten the recruitment process.
Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to:
(1) Authorize the City Manager to amend Agreement #22-49 with CSG Consultants, Inc., to provide additional building and plan check services in the amount of $90,000 through February 28, 2023;
(2) Authorize the City Manager to amend Agreement #22-57 with JAS Pacific, to provide additional building and plan check services in the amount of $280,000 through February 28, 2023; and
(3) Authorize the City Manager to amend Agreement #22-61 with Sagecrest Planning and Environmental to provide additional building planning services in the amount of up to $90,000 through February 28, 2023.
-7-
Laguna Beach City Council Minutes November 15, 2022
15. AHEACON FAN OF 319 TUAS HIGHWED NEGATIVE DECLARATION FOB Adopted the Initial Study-Mitigated Negative Declaration for the acquisition of 31796 Coast Highway.
REGULAR ORDER
********************
16. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING
PORTIONS OF THE LAGUNA BEACH MUNICIPAL CODE IN ACCORDANCE WITH
STATE HOUSING LAWS AND THE CITY'S HOUSING ELEMENT
Staff Report: Senior Planner Anthony Viera gave a presentation introducing the ordinance amending portions of the municipal code in accordance with State housing laws and the City's Housing Element. He listed the State housing laws and the Municipal Code modifications required, and a discussion ensued.
Director of Community Development Marc Wiener updated the City Council regarding the City's Housing Element and the need for the proposed Municipal Code amendments in order to gain State certification.
Public Testimony: Ann Christoph voiced concerns regarding the housing amendments.
Senior Planner Anthony Viera responded to Christoph's comments, clarifying the proposed zoning modifications, and a discussion ensued.
Karen Martin stated that the Housing and Human Services Committee had discussed the amendments and found them to be consistent with the committee's goals and objectives. She added that she looked forward to having an approved Housing Element.
Catherine Jurca discussed allowing market-rate housing by right in the R-2 Zone.
Penny Milne, CANDO (Canyon Alliance of Neighborhoods Defense Organization), commented on zoning changes and the importance of open space remaining open space.
Director of Community Director Marc Wiener responded to Jurca explaining that State laws overrode the city's zoning code, and the State was moving in the direction of permitting by- right housing. He stated that the proposed modifications would address the common type of project without invoking the State law.
-8-
Laguna Beach City Council Minutes November 15, 2022
Councilmember Comments: Mayor Pro Tem Bob Whalen stated that he would approve staff's recommendations to move forward with the amendments.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Peter Blake, and carried 4/1 (Councilmember Toni Iseman opposed) to introduce Ordinance #1680 amending portions of the Laguna Beach Municipal Code in accordance with State housing laws and the City's Housing Element 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. 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 passing it to a second reading at the December 13, 2022, City Council meeting.
17. CONTINUED PUBLIC HEARING AND BALLOTING FOR PROPOSED UNDERGROUND UTILITY ASSESSMENT DISTRICT 2013-2 (DIAMOND STREET) Staff Report: Senior Project Manager Pierre Sawaya gave a presentation discussing the continued public hearing and balloting for the proposed undergrounding utility assessment district 2013-2 (Diamond Street) from the October 4, 2022, City Council meeting. He commented that the City Council had directed staff to reduce the total project assessment amount by no less than $200,000 and he explained the revised cost estimate and assessment roll. Sawaya said the updated Notices of Assessment would be mailed to the property owners and a public hearing to open and tally the revised ballots would be heard at the January 10, 2023, City Council meeting.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Approve the revised Assessment Engineer's Report dated October 10, 2022; (2) Direct staff to mail updated Notices of Assessment accompanied by Assessment Ballots informing property owners of reduced assessment amounts, and the time and place for a public hearing;
(3) Direct staff to notify property owners that original ballots shall be destroyed if not reclaimed within five days following this meeting; and
(4) Continue the public hearing and designate the January 10, 2023, City Council Meeting to open and tally the revised ballots.
-9-
Laguna Beach City Council Minutes November 15, 2022
18. COOPERATIVE TRANSFER AGREEMENT WITH THE COUNTY OF ORANGE FOR
ASSUMPTION OF COASTAL PROPERTY OWNERSHIP REGARDING SOUTH
LAGUNA BEACHES, AND CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Report: Assistant City Manager Ken Domer gave a presentation describing the cooperative transfer agreement with the County of Orange for assumption of coastal property ownership regarding South Laguna beaches.
Questions of Staff: Mayor Sue Kempf asked about the outflow area from Aliso Creek.
City Manager Shoreh Dupuis explained that the area was a flood control channel, and the County would continue its cleanup project; however, after the cleanup was completed, the City would be responsible for the maintenance of the outflow area.
Mayor Pro Tem Bob Whalen asked about the flood control easement at Aliso Creek.
Assistant City Manager Ken Domer responded that the County would maintain the flood control easement, and he described the City's responsibility in maintaining the outflow area.
A discussion ensued.
Public Testimony: Pat Gallis confirmed with staff that the "No Fishing Zone" would not be impacted by this agreement.
Mike Beanan highlighted the environmental importance of the mouth of Aliso Creek and the restoration of the Aliso Creek Estuary.
John Thomas, South Laguna Civic Association, stated that they supported transfer of the South Laguna beaches from the County to the City, and they encouraged the City to engage in public participation from local experts. He asked for clarification regarding a "gap in service" from the transfer of the beaches from the County to the City.
Assistant City Manager Ken Domer responded to Thomas stating that there would be no gap in services, and he explained.
Councilmember Toni Iseman asked staff about the County Park Abandonment Act of 1959.
City Attorney Phil Kohn answered the question.
Mayor Pro Tem Bob Whalen asked Marine Safety Chief Snow to speak briefly to the March 1, 2023, takeover of the South Laguna beaches. Marine Safety Chief Kevin Snow responded to Mayor Pro Tem Whalen stating that staff were satisfied with the timing to take over the South Laguna beaches, and he explained.
Mayor Sue Kempf confirmed with staff that a rainbow lifeguard tower at West Street beach had been approved.
-10-
Laguna Beach City Council Minutes November 15, 2022
Councilmember Comments: Mayor Pro Tem Bob Whalen commented that it would be important to hold a meeting with the public and the South Laguna Civic Association.
Moved by Councilmember George Weiss, seconded by Councilmember Toni Iseman, and carried unanimously 5/0 to:
(1) Approve the Cooperative Transfer Agreement with the County of Orange (agreement #22-114) transferring identified parcels, easements, leases, licenses, permits, and memorandum of understandings, as assignable, for City ownership, maintenance, and operations of the identified coastal properties;
(2) Authorize the City Manager to make non-substantial amendments to the Cooperative Transfer Agreement as required, prior to executing the Agreement following Orange County Board of Supervisor approval, and to accept additional transfers as required; (3) Authorize and appropriate the utilization of advanced one-time funds for initial equipment, supply purchases, and personnel expenditures to the Fiscal Year 2022-23 Adopted Budget to include authorizing: the addition of one full-time Administrative Assistant for Marine Safety; one full-time Human Resources Supervisor to coordinate recruitment activities for necessary deployment of City-staff for South Laguna beaches; and, re-classifying the Marine Safety Chief one level higher on the non-elected management personnel salary schedule; and
(4) Determine that the above-recommended action qualifies for a Categorical Exemption under the California Environmental Quality Act.
19. LAGUNA CANYON ROAD IMPROVEMENT PROJECT UPDATE
Staff Report: Capital Projects Manager Tom Perez gave a presentation updating the City Council on the Laguna Canyon Road Improvements Project.
Councilmember Toni Iseman voiced concerns that the proposed bikeways did not benefit residents.
Public Testimony: Hallie Jones, Laguna Canyon Foundation (LCF), thanked staff for working with the LCF. She said it was important to have a robust and structured engagement with the environmental community and to establish public outreach.
Penny Milne, CANDO (Canyon Alliance of Neighborhoods Defense Organization), suggested that moving forward that staff include stakeholders in the conversation. She said that early input from these groups was important to the process.
Councilmember Comments: Director of Public Works Mark McAvoy responded to Councilmember George Weiss regarding the overall costs, including the undergrounding of utilities, the contribution from Southern California Edison (SCE), and the ability to obtain grants and additional funds.
-11-
Laguna Beach City Council Minutes November 15, 2022
City Manager Shoreh Dupuis stated that the road improvements could cost between $30 - $50 million. She added that all of staff's cost estimates were not based on the cost of engineering, and it would be vital to conduct more studies to assess the true project costs.
Mayor Pro Tem Bob Whalen thanked staff for bringing the project to this point. He commented there may be an opportunity in the new year to meet with environmental groups.
Whalen said he supported moving forward with the grants that were the key to the project, and he suggested reaching out to surrounding communities for support.
Moved by Mayor Sue Kempf, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Authorize the City Manager to approve a contract amendment with Caltrans, in an amount not to exceed $50,000, for cost reimbursement for review of the revised Project Study Report;
(2) Direct staff to solicit proposals for the Project Approval and Environmental Document phase for the Laguna Canyon Road Improvements studied in the approved Project Study Report;
(3) Direct staff to solicit proposals for the Project Management Service to oversee all future phases of the project development process;
(4) Authorize staff to submit a sub-application to CalOES for the Building Resilient Infrastructure and Communities grant, and commit to provide up to $14,100,000 in matching funds in working with Southern California Edison and local, state, and federal grant awarding agencies, for the undergrounding of overhead utility lines on Laguna Canyon Road; and
(5) Authorize the City Manager to execute the Request for Engineering Advance Letter with Southern California Edison and make a payment in the amount of $810,000 to initiate the design of a utility undergrounding plan along Laguna Canyon Road from El Toro Road to approximately 1000' south of Canyon Acres Drive. (6) Direct staff to have one or two upfront meetings with the environmental community and organizations in the canyon as a kickoff at some point.
20. CITY COUNCIL OPTIONS FOR SUBMITTED REFERENDUM AGAINST LAGUNA BEACH ORDINANCE NO. 1675, RELATING TO BUILDING HEIGHT, MASS, BULK
AND PARKING WITHIN THE COMMERCIAL DISTRICTS
Staff Report: City Manager Shoreh Dupuis briefly updated the City Council. She stated that a lawsuit had been filed yesterday against the City from Laguna Beach Company (LBC), which altered staff's recommendation in the staff report. Dupuis commented that staff now recommended the City Council (1) receive and file the certification of referendum that was submitted, and (2) conduct a closed session meeting in December to discuss the litigation with the City Attorney. Dupuis added that this item would be brought back to the City Council at the January 10, 2023, meeting to make a determination on how to proceed. -12-
Laguna Beach City Council Minutes November 15, 2022
City Attorney Phil Kohn described the petition that had been filed by the LBC. He said he concurred with the City Manager.
Public Testimony: Winston Stromberg, attorney for the LBC, stated that should the City Council decide to repeal Ordinance No. 1675, the LBC would dismiss the litigation. He commented that the LBC is raising several causes of action that the ordinance violated planning and zoning laws, and he described.
Councilmember Toni Iseman asked about the procedures for the referendum. City Clerk Ann Marie McKay described the referendum process.
Councilmember Toni Iseman asked about the costs of the election.
City Manager Shoreh Dupuis answered Councilmember Iseman stating that there were two choices before the City Council; one was to send the referendum to a special election for $50,000 to $160,000, and two, was to include the referendum in the 2024 general election, which would cost significantly less money. She added that the cost would be borne by the City and not the petitioners.
Councilmember Toni Iseman asked why there had been the need to adopt Ordinance 1675.
Mayor Sue Kempf responded that the ordinance had been in response to Measure Q, and the ordinance had been approved by the City Council three to two to add more stringent building standards for building height, mass, bulk, and parking within commercial districts.
Councilmember Comments: Mayor Pro Tem Bob Whalen stated that the right course of action would be to move forward with staff recommendations as stated by the City Manager and City Attorney.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Receive and file the Certification of the Referendum Against Laguna Beach Ordinance No. 1675; and
(2) Discuss in a Closed Session the lawsuit filed by Laguna Beach Company regarding the Ordinance and determine the Council's course of action. -13-
Laguna Beach City Council Minutes November 15, 2022
PUBLIC HEARING FOR APPEAL
********************************
A. APPEAL OF THE DESIGN REVIEW BOARD'S ADOPTION OF A NEGATIVE
DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN CONJUNCTION WITH THE APPROVAL OF DESIGN REVIEW 19- 4788, COASTAL DEVELOPMENT PERMIT 19-4789 AND REVOCABLE
ENCROACHMENT PERMIT 19-4790 AT 337 HAWTHORNE ROAD
Statt Report: Director of Community Development Marc Wiener gave a presentation lescribing the appeal of the Design Review Board's (DRB) adoption of a Negativ Declaration pursuant to the California Environmental Quality Act (CEOA) at 337 Hawthorn Road. He explained the basis for the appeal and the reasons staff recommended the City Council deny the appeal.
City Attorney Phil Kohn stated that the City Council's scope of the review was limited to the CEQA determination and therefore was subject to a de novo standard of review. He added that the City Council would base its decision on the evidence presented this evening, and was not limited by the evidence presented at the DRB hearing.
Councilmember Toni Iseman confirmed with staff that the prior owner had failed to sign the Historic Agreement and have it recorded with the County.
Principle Planner Martina Caron explained that the prior owner had completed a historic application with the Heritage Committee, and after the property had received a C rating from the Heritage Committee, no further steps had been taken to add the property to the City's Historic Register.
Councilmember Toni Iseman confirmed with staff that it had been assumed that for the last 10 years the home had been on the Historic Register. She asked about CEQA discussions during the DRB hearing.
Director of Community Development Marc Wiener explained the CEQA process taken by staff during the DRB hearing.
Councilmember George Weiss asked about the CEQA training for the DRB. Director of Community Development Marc Wiener responded that the DRB is educated on CEQA every time a project is reviewed, and the DRB relies on staff's expertise.
Councilmember George Weiss asked about the historic resource standards, and a discussion ensued.
Director of Community Development Marc Wiener explained that the Historic Register was voluntary. He said that when the prior owner had applied, he had wanted a higher rating, and when he did not receive that higher rating and the associated incentive, he did not follow through to formalize the C rating.
-14-
Laguna Beach City Council Minutes November 15, 2022
Principal Planner Martina Caron described the DRB's focus when they were reviewing the proposed project.
Mayor Pro Tem Bob Whalen read the key analysis from the staff report, and a discussion ensued.
Public Testimony: Clark Collins highlighted the reasons the house should remain on the Historic Register.
Pat Gallis voiced concerns that CEQA was being used as a weapon against homeowners from enjoying their property. He stated that the home was simply an old home and has no historic value.
Testimony in Support of the Appeal: Catherine Jurca, appellant and President of Laguna Beach Historic Preservation Coalition, presented the background and the reasons for the appeal. She stated that the standard of review should not be de novo, but rather an abuse of discretion, and she explained. Jurca urged the City Council to direct staff to order an Environmental Impact Report (EIR) to be prepared because that would be the only way to resolve this issue.
Anne Caenn, Village Laguna, Francesca Smith, Gene Felder, Anthony Fisch, James Goodrich, Johanna Felder, Ann Christoph, and Merrill Anderson stated that they supported the appeal, and listed their rationale. They stressed the importance of complying with CEQA and to champion historic preservation in Laguna Beach.
Testimony in Opposition of the Appeal: Larry Nokes, attorney for the applicant and owner, explained why the home should never have been treated as a historic resource. He described the reasons the appeal should be denied.
Mayor Pro Tem Bob Whalen confirmed with Nokes there was no historic analysis or testimony in support of the building having any historic elements.
Councilmember Peter Blake stated that he had not heard public testimony to support any facts that this property was historic, and he voiced concerns about CEQA being weaponized against homeowners to rob them of their property rights.
Larry Nokes, attorney for the applicant and owner, commented that because CEQA was evidence and process based, and the burden of proof was on the person urging historicity, then it became a discretionary resource that required verification that it was anything other than simply an old house.
Councilmember Toni Iseman asked about the "benefit promised" to the prior owner when he had applied for the historic register. Larry Nokes, attorney for the applicant and owner,, explained that the prior owner had applied for the historic register in order to garner additional parking spaces, and when he did not receive that benefit, he did not continue with the Historic Register process. A discussion ensued.
-15-
Laguna Beach City Council Minutes November 15, 2022
Michael Ray, owner and applicant, stated this had been a 10-year process and he urged the City Council to allow him to move forward with the rebuilding of an old home, and to deny the appeal.
Rebuttal: Catherine Jurca, appellant and President of Laguna Beach Historic Preservation Coalition, stated that this was not a de novo hearing. She reiterated the reasons why the home should be on the Historic Register and deemed an historic resource.
Councilmember Comments: Councilmember George Weiss asked the City Attorney on what basis was the determination that the standard of review was de novo. City Attorney Phil Kohn explained that pursuant to the municipal code, all appeals are heard on a de novo basis, with one exception for appeals of design review applications. He continued that tonight's appeal was not a design review appeal, but rather an appeal of the CEQA determination. A discussion ensued.
Councilmember Peter Blake reiterated that no one had proved to him that the home was a valid architecturally or historically-significant home.
Mayor Pro Tem Bob Whalen asked if there had been any historic reports that had been relied upon when preparing the Initial Study. Principal Planner Martina Caron responded that there was a reference as a source in the Initial Study.
Councilmember Toni Iseman confirmed with Clark Collins that prior to the closing of escrow on the home, the Real Property Report contained the date the home was listed on the Historic Register.
Mayor Pro Tem Bob Whalen commented that he supported denying the appeal.
Councilmember George Weiss stated that the home was built in 1927 and its historicity should be honored. He supported obtaining an EIR and getting the project right.
Mayor Sue Kempf stated that she agreed with Mayor Pro Tem Whalen and Councilmember Blake that it did not qualify as an historic resource.
Councilmember Toni Iseman voiced concerns about stripping Laguna Beach of its character and value by dismissing historic homes. She supported approving the appeal and she explained.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Peter Blake, and carried 3/2 to deny the appeal, sustain the Design Review Board's adoption of a Negative Declaration, and direct staff to prepare an appropriate resolution (Resolution #22.094).
Roll Call:
Ayes: Blake, Whalen, Kempf
Noes: Iseman, Weiss
-16-
Laguna Beach City Council Minutes November 15, 2022
ADJOURNMENT
****************
There being no further business, Mayor Kempf at 12:23 a.m., Wednesday, November 16, 2022, adjourned to Regular hybrid virtual/in-person City Council Meeting at 5:00 p.m. on Tuesday, December 13, 2022, and the Closed Session immediately following, at City Hall, 505 Forest Avenue, Laguna Beach California.
*** ***
Approved: December 13, 2022 Smelled
Sue Kempf, Mayor
quan
-17-
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
November 15, 2022
****************
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, November 15, 2022, in the City Council Chambers, 505 Forest Avenue, Laguna Beach, California.
***************
PRESENT COUNCILMEMBERS: Blake, Iseman, Weiss, Whalen, Kempf PARTICIPATING REMOTELY: None
ABSENT: COUNCILMEMBERS: None
ADJOURNMENT
***************
There being no further business, Mayor Kempf at 12:23 a.m., Tuesday, November 15, 2022, adjourned to the hybrid virtual/in-person Regular City Council Meeting at 5:00 p.m. and Closed Session immediately following the Regular Meeting, Tuesday, December 13, 2022, at City Hall, 505 Forest Avenue, Laguna Beach, California.
***************
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 16'h day of November 2022.
_CORPORATED
• Cly Cork or the Gily of LAgum Beach Crimia
JUNE 29,192
ORANGE COUNTY CATE
CERTIFICATE OF POSTING
NOTICE OF ADJOURNMENT
****************************
I, Ann Marie McKay, City Clerk of the City of Laguna Beach, California, DO CERTIFY that at the hybrid virtual/in-person Regular Meeting of the City Council held on Tuesday, November 15, 2022, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on November 16, 2022, at the hour of 9:15 a.m., a copy of the Notice was posted at a conspicuous place on or near the door of the place at which said meeting of the City Council was held.
Ely clash or die ly of sum Bein, Calone