Laguna Beach City Council Minutes January 10, 2023
MINUTES
LAGUNA BEACH CITY COUNCIL
REGULAR HYBRID VIRTUAL/IN-PERSON MEETING
January 10, 2023
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was california, Mayor Testery prestiny 10, 2023, in the Cily Hall 505 Forest Avenue, Laguna Beach,
ROLL CALL
PRESENT: COUNCILMEMBERS: Orgill, Rounaghi, Weiss, Kempf, Whalen PARTICIPATING REMOTELY: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Mayor Bob Whalen led the Pledge of Allegiance.
CLOSED SESSION
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Confer with Legal Counsel Regarding Existing Litigation (pursuant to Government Code section 54956.9(d)(1))) - one item: Laguna Beach Company v. City of Laguna Beach (Orange County Superior Court Case No. 30-2022-01291759).
City Attorney Phil Kohn reported that in this evening's Closed Session, the City Council received a briefing on the existing litigation with the Laguna Beach Company regarding Ordinance #1675, but took no reportable action (Councilmember Mark Orgill recused himself and Councilmember George Weiss opted not to participate).
EXTRAORDINARY BUSINESS
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Dystanie Flores from the California Department of Insurance explained the Department's role.
Local businesses were recognized for meeting the Californian Green Business Network certification and recertification requirements: Active Culture, Laguna Beach Little League Snack Bar, Mimi + Rae Boutique, MOMEH, Taco Loco, The Ritual Refill, World Newsstand, Amenah, Payton Addison Interior Design, and Laguna Candles.
The winners of the 2022 Laguna Beach Photo Contest were recognized: Daniel Moreno for his photo "The Laguna Beach Greeter," Jan Schrieber for her photo "Morning Commute," Isaac Zoller for his photo "Evening Surf" and first place winner Rick Bryson for his photo "Treasure Island Surf Shovelers."
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Laguna Beach City Council Minutes January 10, 2023
1. PROCLAMATION RECOGNIZING SUE KEMPF FOR HER SERVICE AS MAYOR FOR THE 2022 TERM
Moved by Councilmember Alex Rounaghi, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to adopt the Proclamation recognizing Sue Kempf for her service as Mayor for the 2022 Term.
2. YEARS OF SERVICE RECOGNITION
Received and filed the report recognizing the following City employees with milestone years of service: Shawna McDonough, Jerry Soto, Mandy Low, Amie Zeoli, Kate Kazama, Arlen Beck, Heather Steven, Michelle Dulalia, Pablo Ladislao, and Edgar Alaniz for one year, Meriem Yacoby, Reza Mehranpour, Fred Yeilding, and Elizabeth Gutierrez for five years, and Timothy Kleiser, David McGill, and Donald Torrison for 20 years.
3. RESOLUTION CALLING FOR THE CITY OF LAGUNA BEACH TO STAND IN
SOLIDARITY WITH IRANIAN PEOPLE AND THOSE SUFFERING FROM
OPPRESSIVE REGIMES (ROUNAGHI AND WHALEN)
Moved by Councilmember Alex Rounaghi, seconded by Councilmember George Weiss and carried unanimously 5/0 to adopt Resolution #23.001, as amended to clarify the Council's support for any similar State and Federal Resolutions, titled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DECLARING
SUPPORT OF THE IRANIAN AMERICAN COMMUNITY AND SUPPORTING SANCTIONS AGAINST THE GOVERNMENT OF IRAN."
PUBLIC COMMUNICATIONS
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Erin Slattery, Laguna Beach Chamber of Commerce President/CEO, noted upcoming Chamber events.
W. Bailey Smith referenced a letter he sent to Police Chief Jeff Calvert and City Manager Shoreh Dupuis in July 2022 regarding his concerns about speed issues and muffler noise along North Coast Highway, and stated he received no response, so is before the Council requesting assistance with addressing those issues.
Michèle Monda referenced a public records request she submitted regarding a traffic stop involving City Manager Shoreh Dupuis, and requested the Council to require the release of the information requested in the public's interest and in the interest of transparency, equal treatment, and honesty.
Pat Gallis requested status updates on the CEQA lawsuits filed against the City.
In response to Councilmember George Weiss reiterating his concerns that the City's decision- making bodies have not been trained in California Environmental Quality Act (CEQA), Louis Weil, Design Review Board (DRB) member, advised that the DRB has received in-depth CEQA training twice over the past four years.
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Laguna Beach City Council Minutes January 10, 2023
COUNCIL AND STAFF REPORTS
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City Clerk Ann Marie McKay reminded everyone that applications are currently being accepted for 32 upcoming openings on 8 Council-appointed committees, and that applications must be received no later than 4:30 p.m. on Friday, January 20, 2023.
City Manager Shoreh Dupuis pulled Item #10 from the agenda. She advised that escrow did not close on January 4 due to a delay in receiving the title report for the property. the City is now scheduled to close escrow on that property tomorrow; therefore, Agenda İtem #10 will be moved to the January 24, 2023, meeting.
Police Chief Jeff Calvert described the Police Department's ongoing sustained effort to address speeding and loud vehicles, reiterating the need for greater penalties for loud exhaust violations.
Police Chief Calvert discussed the new State legislation that Laguna Beach took the lead on that the Governor recently signed addressing loud vehicles starting in 2025. Chief Calvert also confirmed that the Laguna Beach Police Department has taken the lead on multiple joint operations with neighboring cities, and will continue to do so.
Regarding Monda's public records request, City Manager Shoreh Dupuis advised that Monda's first request was responded to by the City Attorney, and she subsequently submitted a second request. City Manager Shohreh Dupuis summarized the incident related to the request. City Attorney Phil Kohn advised that the second request is currently being reviewed by outside labor counsel, and a response will be provided by the required date.
City Attorney Phil Kohn provided status updates on the four CEQA litigation cases, advising that the appeal on the Kirby case is in process of being briefed, a status conference on the Ray case is scheduled to occur on January 27, 2023, regarding the City's motion to dismiss, the lawsuit regarding the California Coastal Commission's certification of the City's Historic Preservation Program update has a case management conference scheduled to occur on March 16, 2023, and there is a status conference on January 18, 2023, for the lawsuit related to the City's Historic Resource Element.
Councilmember George Weiss expressed optimism that the new Council will work together for the common good. He stated that he would like to find out where the car club with the loud vehicles is coming from. Councilmember Weiss questioned a written response from the City Attorney to Anthony Fisch warning about a possible violation of the Brown Act, asserting that the City Attorney is infringing on Fisch's First Amendment rights since the Brown Act does not apply to the public.
Councilmember Mark Orgill stated that he is looking forward to the challenges ahead.
Councilmember Alex Rounaghi reported that he has been sworn in for the Orange County Vector District Board, and is impressed by the committed and engaged volunteers on the City committees.
Mayor Pro Tem Sue Kempf noted the 25 refillable water stations now in place, including the water station outside Council Chambers.
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Laguna Beach City Council Minutes January 10, 2023
CONSENT CALENDAR
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Maned by ayor ap Tem Sums -8, 1, and 1-4 Councilmember George Weiss and caried
MINUTES OF THE CITY COUNCIL MEETING
Mayor Bob Whalen pulled this item to include verbiage pertaining to the adjournment time.
Moved by Councilmember Alex Rounaghi, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to approve the Minutes of the Regular Meeting of the City Council of December 13, 2022, as revised.
WARRANT LISTING
Approved the General Warrants and payroll disbursements.
Warrants: $1,697,196.17 12/09/2022
Payroll #11 $1,339,102.00 12/02/2022
Payroll #12 $1.858.947.42 12/16/2022
$3,198,049.42
Total $4,895,245.59
CLAIMS AGAINST THE CITY
(1) Rejected claim #22-31 filed by Carolyn Camille Chaney; (2) Rejected claim #22-39 filed by Beau Adam Moneymaker; and (3) Rejected claim #22-45 filed by Kyle Wong.
SEISMIC ASSESSMENT OF CRITICAL CITY FACILITIES
Mayor Bob Whalen pulled this item for discussion.
Staff Report: Director of Public Works Mark McAvoy briefly summarized the staff report.
Public Testimony: Ken Sadler, Janice Hayden, Matt Lawson, Sonny Myers, Jorg Dubin, Rex Theobald, Tim Templeton and Tom Gibbs commented on the importance of seismically upgrading the four city buildings. They stated the reasons they supported staff's recommendation.
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Laguna Beach City Council Minutes January 10, 2023
Questions of Staff: Councilmember Mark Orgill confirmed with the City Manager that there would be a comprehensive master planning process to determine the needs of all the city facilities and staff would be returning to the Council with more information at the mid- year budget.
Mark Orgill asked about the Tier-3 study and if it would include as-built plans. Director of Public Works Mark McAvoy described the Tier-3 assessment.
Mayor Pro Tem Sue Kempf commented on Fire Station No. 1 and the need for updating the facilities.
Councilmember George Weiss stated that he agreed it is important to ensure that the city facilities are safe. He discussed the need to retrofit Fire Station No. 4.
Councilmember Alex Rounaghi confirmed with the City Manager that staff is pursuing grants to assist in funding the project.
Moved by Mayor Bob Whalen, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to receive the Seismic Assessment of Critical City Facilities Report and direct staff to return to Council at mid-year for funding for staff-recommended Tier 3 assessments, and additional staff-recommended Tier 1 assessments, for further evaluation and analysis of all critical city facilities.
8. PURCHASE OF MARINE SAFETY VEHICLES
(1) Authorized the City Manager to purchase four Toyota 4Runners for an amount not-to- exceed $210,000;
(2) If Toyota of Orange is unable to provide the vehicles due to inventory shortage, then authorize the City Manager to purchase the approved vehicles from Capo Valley Toyota or Santa Margarita Toyota for an amount not-to-exceed $227,000; and (3) Authorized the City Manager to enter into a service agreement with 911 Vehicle of Orange County, in the amount not-to-exceed $118,000 to convert the vehicles for Marine Safety operations.
9. LOCAL COASTAL PROGRAM AMENDMENT 22-1745, AMENDING TABLE 5-1 (ALLOWED USES AND PERMIT REQUIREMENTS) OF THE DOWNTOWN SPECIFIC
PLAN RELATING TO ALL EATING AND DRINKING ESTABLISHMENTS Councilmember Alex Rounaghi and Mayor Pro Tem Sue Kempf pulled this item for further discussion.
Staff Report: Director of Community Development Marc Wiener briefly summarized the staff report.
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Laguna Beach City Council Minutes January 10, 2023
Questions of Staff: Councilmember Alex Rounaghi confirmed the amendment only applied to non-alcohol, non-chain food service establishments. He asked how long the process would take for a coffee shop to open if it were permitted by right versus a Conditional Use Permit (CUP). Director of Community Development Marc Wiener responded that permitted by right would take a few weeks and a CUP would take approximately three months.
Councilmember Mark Orgill asked about the by-right conditions of approval. Director of Community Development Marc Wiener explained conditions that would apply to by-right permitting.
Councilmember Mark Orgill asked about bringing by-right permitting establishments into a parking plan. Director of Community Development Marc Wiener discussed parking options for by-right applicants.
Public Testimony: Karen Martin voiced concerns about adding another layer for businesses looking to become established in Laguna.
Erin Slattery, Laguna Beach Chamber of Commerce, stated that they opposed this item and she explained
Jacob Cherub complained that Laguna Beach did not offer more resident-serving businesses.
Samuel Goldstein stated he did not support adding another layer to the application process for non-alcohol businesses.
John Thomas commented that he supported adopting the amendments, and it was appropriate.
Chris Catsimanes said he agreed with John Thomas, and he supported more restrictions for restaurants in Laguna Beach.
Ann Christoph stated that she supported the amendments that would place additional parking restrictions on businesses.
Councilmember Comments: Councilmember George Weiss asked about the increase in the employee parking standards in the amendments. Director of Community Development Marc Wiener advised that the chart he was referring to was intended to keep the requirement broad and general.
Councilmember George Weiss commented that he supported the amendments and he explained.
Councilmember Alex Rounaghi said that his general approach is to observe if there is a problem where a solution needed to be implemented. He stated that staff had previously stated that there have been no new restaurants that would fall into this narrow category, and therefore, he suggested holding off on approving this item until a problem arose. -6-
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Councilmember Rounaghi added this it is important to mitigate the impact of employee parking in Laguna Beach. He said he would move to table this item until the Parking Master Plan is heard.
Mayor Pro Tem Sue Kempf commented that she agreed with Councilmember Rounaghi.
Councilmember Mark Orgill reminded the public that the Downtown Specific Plan had reduced parking restrictions. He said he appreciated that these changes could recapture some of the intensification, enabling staff to pull these businesses into a Parking Management Plan.
Orgill commented that if the item were tabled tonight, he would like to see a solution, and he explained.
Councilmember George Weiss discussed a compromise where the item could be passed tonight; however, he suggested that the application include the caveat that the business become part of the Parking Master Plan or they agreed to provide parking.
Mayor Pro Tem Sue Kempf stated that she supported tabling the item tonight until a Parking Master Plan is presented.
Mayor Bob Whalen said it is important current and new businesses participate in the Parking Master Plan to mitigate impacts to the community. He commented that he supported tabling the item.
Moved by Councilmember Alex Rounaghi, seconded by Councilmember Mark Orgill, and carried 471 (Councilmember Weiss opposed) to table this item until a Parking Master Plan is developed.
10. RESOLUTION DECLARING CITY-OWNED PROPERTY AT 31729 AND 31735
COAST HIGHWAY AS SURPLUS PROPERTY AND FINDING THAT SUCH
DECLARATION IS EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
City Manager Shoreh Dupuis removed this item from the agenda, advising that it will be heard at the January 24, 2023, City Council meeting.
11. ACCEPTANCE OF GRANT FROM THE CALIFORNIA DEPARTMENT OF
RESOURCES, RECYCLING AND RECOVERY
(1) Authorized the City Manager to accept a $30,600 grant from the California Department of Resources, Recycling and Recovery; and
(2) Appropriated $30,600 with a matching increase in estimated grant revenues to assist with regulation requirements associated with Senate Bill 1383. -7-
Laguna Beach City Council Minutes January 10, 2023
12. DESIGNATION OF ASSISTANT CITY MANAGER AS PRIMARY CITY
REPRESENTATIVE ON THE LAGUNA BEACH TOURISM MARKETING DISTRICT
BOARD OF DIRECTORS
Councilmember George Weiss pulled this item commenting that he would support a Councilmember as a designated city representative on the Laguna Beach Tourism Marketing District (LBTMD) Board of Directors rather than the Assistant City Manager, and he nominated Councilmember Mark Orgill.
City Manager Shoreh Dupuis commented that she spoke with the City Attorney regarding designating an elected official and there would be no conflict. She suggested adding the Assistant City Manager as the alternative representative to the board.
Public Testimony: Rachel O'Neill, Visit Laguna Beach, stated that they supported both Councilmember Orgill and the Assistant City Manager sitting on the board.
Jacob Cherub said he supported including residents on the Board of Directors for the LBTMD.
Louis Weil commented that he supported an elected official on the board, as well as city staff.
John Thomas said he agreed with Jacob Cherub and it is important to include residents on the board because of the impact of tourism on the community.
Councilmember Comments: Councilmember Alex Rounaghi confirmed with the City Manager that the governing documents allowed the city one vote on the board, and therefore, he supported a councilmember as the primary designee and the Assistant City Manager as the alternate.
City Attorney Phil Kohn suggested that the City Council direct staff to investigate and recommend any appropriate revisions to the governing documents to include additional votes should they feel the need to include more representatives.
Councilmember Alex Rounaghi said he supported including a local resident on the board.
Councilmember Mark Orgill stated that his goal was to work on a tourism management plan on behalf of the community. He said it was important to move toward stewardship rather than marketing to ensure the quality of living for residents.
Moved by Councilmember Alex Rounaghi, seconded by Councilmember George Weiss, and carried unanimously 5/0 to designate Councilmember Mark Orgill as the primary City representative on the Laguna Beach Tourism Marketing District Board of Directors, and the Assistant City Manager as the alternate, and direct staff to investigate and recommend any appropriate revisions to the governing documents to include more resident input. -8-
Laguna Beach City Council Minutes January 10, 2023
13. RATIFY MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
LAGUNA BEACH AND THE LAGUNA BEACH POLICE EMPLOYEES'
ASSOCIATION
(1) Adopted Resolution #23.002 titled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, RATIFYING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE
LAGUNA BEACH POLICE EMPLOYEES' ASSOCIATION;" and
(2) Authorized the City Manager to modify the Fiscal Year 2022-23 Adopted Budget by transferring funding already appropriated and appropriating $100,000 from the General Fund available fund balance.
14. RATIFY MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
LAGUNA BEACH AND THE LAGUNA BEACH MARINE SAFETY ASSOCIATION (1) Adopted Resolution #23.003 titled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, RATIFYING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE
LAGUNA BEACH MARINE SAFETY ASSOCIATION;" and
(2) Authorized the City Manager to modify the Fiscal Year 2022-23 Adopted Budget by transferring funding already appropriated.
REGULAR ORDER
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15. CONTINUED PUBLIC HEARING AND BALLOTING FOR PROPOSED UNDERGROUND UTILITY ASSESSMENT DISTRICT 2013-2 (DIAMOND STREET) Staff Report: Senior Project Manager for Public Works Pierre Sawaya gave a presentation briefly outlining the proposed Underground Utility Assessment District 2013-2 (Diamond Street). He outlined the actions for the public hearing and balloting process.
Public Testimony: Kevin Johnson, Assessment District resident, stated that he supported approval of the Assessment District for public safety purposes. He requested the City Council direct staff to investigate a 30-year bond rather than the 20-year bond, which would reduce costs to residents by 20%.
Lindsey Swisher, Assessment District resident, commented that the overhead power lines are an extreme public safety concern, and it is vital to underground the utilities. She said she agreed with Kevin Johnson to direct staff to help reduce costs for the residents.
Matt Lawson said he supported undergrounding the utilities for public safety purposes. -9-
Laguna Beach City Council Minutes January 10, 2023
JT Price urged the residents of the Diamond Street Assessment District to vote no on this item and he explained.
Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to:
(1) Direct staff to proceed with tallying ballots in Conference Room A, and invite the public to observe the tallying process; and
(2) Postpone the item until the ballot tally is complete and then resume the meeting on the item, asking staff to report the ballot results:
[Agenda item No. 18 was heard at this time]
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Review the balloting results, noting that the majority of weighted ballots are in favor of the proposed assessment district, and therefore:
a. Adopt Resolution #23.004 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, CONFIRMING
ASSESSMENTS IN UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 2013-2, ORDERING THE PROPOSED IMPROVEMENTS TO BE MADE, AND
DESIGNATING THE ASSISTANT CITY MANAGER/CHIEF FINANCIAL
OFFICER OR THE CITY TREASURER TO COLLECT AND RECEIVE
MONEY";
b. Adopt Resolution #23.005 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, AWARDING THE
CONTRACT FOR CONSTRUCTION OF IMPROVEMENTS IN
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 2013-2 SUBJECT TO RECEIPT OF BOND PROCEEDS," awarding a construction contract to Hot Line Construction in the amount not to exceed $1,328,603 (Contract #23-001); c. Contribute $204,001 for the General Benefit cost from the Street Lighting and Utility Fund prior to bonds being sold; and
d. Authorize the City Manager to approve project related expenses and construction change orders for unforeseen circumstances for an amount not-to-exceed $133,000. e. Direct staff to investigate options for bond proposals for over 25 or 30 years. -10-
Laguna Beach City Council Minutes January 10, 2023
16. INTRODUCTION AND FIRST READING OF ORDINANCES ADOPTING 2022
CALIFORNIA BUILDING AND FIRE CODES, INCLUDING PROPOSED LOCAL
AMENDMENTS, AND EXEMPTION FROM CALIFORNIA ENVIRONMENTAL
QUALITY ACI
Staff Report: Building Official Dennis Bogle gave a presentation pertaining to the 2022 building and fire codes. He stated that these codes are updated every three years by a State mandate, and he described.
Questions of Staff: Councilmember George Weiss confirmed with staff that the proposed amendments pertained to any changes to the exterior of a home, major remodels, and new construction.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember George Weiss, and carried unanimously 5/0 to introduce the two Ordinances adopting the 2022 Editions of the California Building, Residential, Fire, Mechanical, Plumbing, Electrical, and Green Building Codes and local amendments to Title 14 and 15, and determining that this action is exempt from environmental review in accordance with the California Environmental Quality Act (CEQA) under State CEQA Guidelines Section 15061(b)(3), by 1) asking the City Clerk to read the titles of both Ordinances and 2) approving a motion to waive further reading of the Ordinances and to pass them to a second reading.
17. FIRST READING OF AN ORDINANCE AMENDING LAGUNA BEACH MUNICIPAL CODE CHAPTER 25.95 REGARDING REGULATION OF SINGLE FAMILY
RESIDENTIAL ONE- AND TWO-UNIT DEVELOPMENTS AND URBAN LOT SPLITS PURSUANT TO CALIFORNIA SENATE BILL 9, AND CATEGORICAL EXEMPTION
UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Report: Director of Community Development Marc Wiener gave a presentation concerning the ordinance amending the city's municipal code and Local Coastal Program to bring the city into compliance with Senate Bill 9 (SB 9). He described SB 9 requirements and exceptions. Wiener listed the staff recommendations.
Questions of Staff: Councilmember Mark Orgill asked about the definition of the special flood zone ordinance. Director of Community Development Marc Wiener explained that it is based on a 100-year flood event and State standards, and he read the standards.
Councilmember George Weiss confirmed with staff that the exclusion of provisions in the High Fire Hazard Severity Zone is because the city adopted a Mitigation Plan for those areas.
Councilmember Alex Rounaghi confirmed with staff that the city has received eight lot-split applications to date.
Mayor Bob Whalen suggested additional language pertaining to a provision in one of the sections. He asked staff to review deed restriction language before the second reading of the ordinance.
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Public Testimony: A member of the public asked for clarification pertaining to Accessory Dwelling Units (ADUs).
Director of Community Development Marc Wiener addressed the public's concern stating that her issues did not apply to SB 9.
Catherine Jurca raised the question of a property owner splitting a lot and making one of the two units an ADU, which would raise the height limit from 16 to 25 feet. She asked about CEQA review as it pertained to protective habitat.
Director of Community Development Marc Wiener commented that a CEQA review could be studied further by staff prior to the second reading of the ordinance.
Mayor Bob Whalen voiced concerns about a property owner adding an ADU to the lot split.
Ann Christoph questioned some of the amendments proposed from staff and she explained.
She asked if historic districts would be exempt.
Councilmember George Weiss confirmed with staff that an LLC could take advantage of SB 9 only if it includes low-income units. He confirmed with Catherine Jurca that other cities had limited SB 9 to two units to each lot split and no ADUs or JADUs (Junior ADUs).
Penny Milne, president of CANDO (Canyon Alliance of Neighborhoods Defense Organization), discussed Residential/Hillside Protection zoned lots and SB 9. She added that it is important to protect the wildlands.
John Thomas asked about how SB 9 impacted blufftop lots.
Karen Martin commented that the HCD (California Department of Housing and Community Development) SB 9 factsheet clarified many of the questions asked this evening.
Director of Community Development Marc Wiener responded to John Thomas stating that SE Sies not overide the Califoraia Coastal Commission. He listed the zones that SB 9 is Mayor Bob Whalen said he supported further staff review of the ordinance to address the City Council's and public's concerns.
Moved by Mayor Bob Whalen, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to direct staff to address Council's comments and bring a revised ordinance back for Council consideration at a future date.
[Agenda Item No. 18 was heard before Agenda Item No. 16.] -12-
Laguna Beach City Council Minutes January 10, 2023
18. PRESENTATION OF THE DRAFT PARKING AND TRANSPORTATION DEMAND
MANAGEMENT REPORT, AND AMENDMENT TO THE ASSOCIATED SERVICE
PROVIDER AGREEMENT (WHALEN AND KEMPF)
Mayor Pro Tem Sue Kempf introduced the item, stating that staff were presenting a draft report this evening with ideas and strategies to address two outstanding problems; one. employee and visitor parking impacts in the neighborhoods; and two, mobility challenges in the commercial areas. She added that this was the first of several meetings to receive public input.
Mayor Bob Whalen stated that there is a need for a comprehensive solution to Laguna Beach's parking and transportation demands. He reiterated that tonight's report was draft only and the report would be coming back for further public and City Council input.
Staff Report: Senior Planner Anthony Viera gave a presentation on the Parking and Transportation Demand Management Report. He described the background, parking and transportation challenges the city currently faces, and benefits of city-managed public parking.
Steve Brown, Senior Vice President Transportation and Planning Consultant Fehr and Peers, continued with the presentation, discussing the study elements, and parking and transportation data.
Deputy Director Public Works Michael Litschi described the existing parking and transportation management strategies and potential transportation and parking strategies.
Senior Planner Anthony Viera continued with the presentation, discussing potential updates to parking regulations.
Steve Brown, Senior Vice President Transportation and Planning Consultant Fehr and Peers, listed proposed funding options and additional opportunities to mitigate parking and transportation issues.
Senior Planner Anthony Viera concluded the presentation by listing staff recommendations.
Public Testimony: Billy Fried stated the importance of reducing the number of cars in downtown. He suggested adding bike lanes to and from the downtown with dedicated e-bike parking corrals. Fried suggested staff research e-bike rental kiosks.
Randy Hapfield stated he did not support a parking structure constructed under the lawn bowling facility.
Pat Kollenda suggested adding more parking in the Arts District.
Catherine Jurca stated that she agreed with Billy Fried, and she explained.
Wayne Baglin, representing the Festival of Arts, discussed the need for additional parking at the Festival Arts for volunteers and employees and adding a parking structure. -13-
Laguna Beach City Council Minutes January 10, 2023
Chris Prelitz stated the importance of the city limiting its carbon footprint and he did not support parking structures that required a concrete bunker with a concrete top.
Robin Hall said she supported peripheral parking outside the downtown.
Ed Hanky voiced his concerns regarding parking.
Ann Christoph suggested adding a parking level behind City Hall on Loma Terrace that could add approximately 72 parking spaces to the downtown. She commented that she did not support a four-story parking structure at Aliso Beach or a parking garage at Lang Park, and she explained
Karen Martin stated the need to keep in line with the city's general plan.
Erin Slattery said she agreed that the city needs more parking.
Kurt Weise said he did not support adding more parking and he explained.
MJ Abraham said she supported additional funding and moving forward with further study.
John Thomas commented that he did not support additional parking structures.
Jim Danziger said he opposed a parking structure in the downtown area.
Chris Catsimanes commented that he opposed a parking structure at Laguna Beach Presbyterian Church.
Jacob Cherub said he agreed with John Thomas, and he described.
Anne Caenn stated that she did not support parking structures in the downtown.
Joe Hanauer said he supported staff's recommendation and moving forward with this process.
Councilmember Comments: Councilmember George Weiss commented that he supported adding parking to peripheral parking lots, but not in the downtown, and he described. He offered parking solutions. Councilmember Weiss added that although the study was comprehensive, it did not align, he believed, with the vision of Laguna Beach. He said he supported numbers two and three of the staff recommendations.
Councilmember Mark Orgill commented that he appreciated that the study included many different kinds of parking and transportation ideas. He highlighted the need to gather input from the arts organizations and the California Coastal Commission, and he explained. -14-
Laguna Beach City Council Minutes January 10, 2023
Councilmember Alex Rounaghi asked about the next steps, should the City Council move to approve the $26,000 for a final report. City Manager Shoreh Dupuis explained the subsequent steps should the City Council support moving forward with the report.
Councilmember Alex Rounaghi said an important aspect of the study would be including data that segregated the users of parking spaces, whether that be employees or beachgoers.
He commented on the need to slow traffic and create safer areas for bicycles and pedestrians, and to develop a mobility master plan.
Mayor Pro Tem Sue Kempf listed her suggestions, including further review of private peripheral lots solutions, and parking structure potential locations.
Mayor Bob Whalen commented that he supported staff's recommendations and returning for more input from the City Council and the public.
Moved by Mayor Bob Whalen, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to:
(1) Review the draft Parking and Transportation Demand Management report, receive public input, and provide direction as appropriate for the subcommittee's preparation of the final report;
(2) Direct staff to work with the subcommittee on drafting a funding and implementation plan for all short-term non-parking infrastructure opportunities and improvements; (3) Direct staff to work with the subcommittee on developing a priority list of parking infrastructure sites to further study and pursue (both involving and not involving a parking structure); and
(4) Amend Agreement #22-44 with Fehr & Peers to complete the final report for an additional $26,000.
PUBLIC HEARING FOR APPEAL
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A. APPEAL OF CEQA CATEGORICAL EXEMPTION FOR APPROVAL OF DESIGN REVIEW 22-1793 AT 1902 OCEAN WAY
Staff Report: Director of Community Development Marc Wiener gave a presentation regarding the appeal of CEQA (California Environmental Quality Act) categorial exemption for approval of Design Review at 1902 Ocean Way. He described the proposed project, the historic preservation review process, and the reason for the appeal by the Laguna Beach Historic Preservation Coalition. Wiener stated that staff recommends that the City Council deny the appeal.
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Questions of Staff: Councilmember George Weiss said that he believed the prior owner of the property was significant to the history of Laguna Beach. He confirmed with staff that the current design was not a good example of a Normandy-Revival style home.
Testimony in Support of the Appeal: Catherine Jurca, appellant, gave a presentation describing the reasons for appealing the CEQA Categorical Exemption at 1902 Ocean Way.
Councilmember George Weiss asked the appellant what design revisions could be conducted without disrupting the historic standards. Catherine Jurca, appellant, listed essential historic features that she asserted should not be altered.
Ann Christoph, Regina Hartley, Anne Caenn, Gene Felder, and Clark Collins supported approval of the appeal, and they stated their reasons.
Testimony in Opposition to the Appeal: Rory Foubister, architect for the applicant, stated that the applicant was very sensitive to the history of the home, although the home was not designated a historic resource. He explained the proposed design and their intention to preserve the character, while also maintaining the spirit of the home.
Rebuttal: Catherine Jurca, appellant, stated that it is important to identify historic resources in a precise and consistent manner. She commented that a CEQA review is important to the process.
Questions of Staff: Councilmember Alex Rounaghi asked about the Historic Inventory.
City Attorney Phil Kohn replied that at the time the Historic Preservation Program was updated, the determination was made that the Historic Inventory was no longer effective in and of itself to be a presumptive indicator of a historic resource. However, he said, the Inventory is still an informational tool and could be utilized for those purposes.
Councilmember Alex Rounaghi asked about the historic resource review process. City Attorney Phil Kohn described the city's review process to determine a historic resource.
Director of Community Development Marc Wiener added additional information pertaining to the historic resource review process, and a discussion ensued.
Councilmember George Weiss stated that he would support the appeal and he gave his reasons.
Mayor Pro Tem Sue Kempf commented that she would be voting to deny the appeal and she explained.
Councilmember Mark Orgill said that he appreciated that the applicant was maintaining the character of Laguna Beach with the proposed design.
Mayor Bob Whalen stated that there is a need to implement a more effective historic resource evaluation process. He added that based on staff's report, he would vote to deny the appeal. -16-
Laguna Beach City Council Minutes January 10, 2023
Councilmember Alex Rounaghi commented that he did not have substantial evidence from experts to support the appeal, so therefore he would be denying the appeal.
Councilmember Mark Orgill explained why he did not support the appeal.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember Alex Rounaghi, and carried 4/1 (Councilmember Weiss opposed) to adopt Resolution 23.006 titled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH,
CALIFORNIA, DENYING THE APPEAL OF THE DIRECTOR OF COMMUNITY
DEVELOPMENT'S AUTHORIZED DESIGNEE APPROVAL OF CATEGORICAL EXEMPTION FOR DESIGN REVIEW 22-1793 AT 1902 OCEAN WAY."
ADJOURNMENI
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There being no further business, Mayor Whalen at 12:19 a.m., Wednesday, January 11, 2023, 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, January 24, 2023, at City Hall, 505 Forest Avenue, Laguna Beach California.
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Approved: January 24, 2023 Brothel
Bob Whalen, Mayor
-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
January 10, 2023
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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, January 10, 2023, in the City Council Chambers, 505 Forest Avenue, Laguna Beach, California.
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PRESENT COUNCILMEMBERS: Orgill, Rounaghi, Weiss, Kempf, Whalen PARTICIPATING REMOTELY: None
ABSENT: COUNCILMEMBERS: None
ADJOURNMENT
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There being no further business, Mayor Whalen at 12:19 a.m., Wednesday, January 11, 2023, adieumed to the Clam Sessiay, Jailary 24, 2023, arid i Hall, pos Fores Arcie, Launca 3, at City Hall, 505 Forest Avenue, Lagun
Beach, California.
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STATE OF CALIFORNIA
COUNTY OF ORANGE SS.
CITY OF LAGUNA BEACH
I, Ann Marie McKay, City Clerk of the City of Laguna Beach, California, do hereby certify that the foregoing is a full, true, and correct copy of the Minute entry on record in my office. IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Laguna Beach, California, on this 11 day of January 2023.
Cult
MOORPORATEO City Clerk of the City of Laguna Beach Cakifornia VUNE 29.192
ORANGE COUN
CERTIFICATE OF POSTING
NOTICE OF ADJOURNMENT
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I, Ann Marie McKay, City Clerk of the City of Laguna Beach, California, DO CERTIFY that at 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.
City Clerk of the Cily of Laguna Beach, Caltornia