Laguna Beach City Council Minutes March 7, 2023
MINUTES
LAGUNA BEACH CITY COUNCIL
REGULAR HYBRID VIRTUAL/IN-PERSON MEETING
March 7, 2023
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, March 7, 2023, in the City Hall, 505 Forest Avenue, Laguna Beach, California, Mayor Whalen presiding.
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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Public Employment (pursuant to Government Code section 54957(b)) - one item. Title: City Attorney. Discussion regarding anticipated retirement of City Attorney and proposed process for appointment of new City Attorney.
EXTRAORDINARY BUSINESS
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PROCLAMATION RECOGNIZING THE 2022 LAGUNA BEACH HIGH SCHOOL
VARSITY FOOTBALL TEAM FOR THEIR CHAMPIONSHIP SEASON
Approved the Proclamation recognizing the 2022 Laguna Beach High School Varsity Football Team for their championship season.
PUBLIC COMMUNICATIONS
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Erin Slattery, Laguna Beach Chamber of Commerce, announced upcoming Chamber events.
Brooks Atwood proposed an initiative to address empty commercial storefront spaces that would mandate that commercial spaces that remain empty for more than 30 days are given to artists for studio space.
Emily Biehl, HomeAid Orange County, explained the organization's efforts to help people experiencing or at risk of homelessness, and announced the organization's upcoming annual Diaper Drive May 14 - June 2, to collect diapers, wipes, and baby food for people living in Home Aid-built housing projects.
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Laguna Beach City Council Minutes March 7, 2023
Mark Puente and Ron and Debra Marshall expressed concerns that the proposal for the new "Pride" lifeguard tower at West Street Beach was approved without notifying and obtaining input from residents, particularly those within the immediate vicinity.
Mike Tauber, LOCA, announced upcoming LOCA events and classes.
Rosanne Beam expressed concerns related to in-ground solar panels being installed on the hillside on Rim Rock Canyon Road.
Julie Ruben and Howard Haas expressed concerns about the Satin & Spurs participants in Saturday's Patriots Day parade shooting guns with blanks, startling and causing fear in the crowd.
W. Bailey Smith expressed concerns about speeding vehicles, noisy vehicles, and pollution from vehicles on Coast Highway.
Luna Mariner, Laguna Beach High School, provided information on the 2023 Walking for Water fundraising event on March 26, 12:00 p.m. -3:00 p.m.
Pat Menne commented on the emergency services response related to the water main break in South Laguna. She also commented that nearby residents should be noticed when projects are proposed, such as the West Steet Beach Pride lifeguard tower.
Pat Gallis requested status updates on the CEQA lawsuits filed against the City. He also commented that the Riddle Field improvements are outstanding.
Michele Monda, James Grossberg, and Chris Catsimanes reiterated demands related to the public records request regarding the City Manager's traffic stop.
Jerome Pudwill asserted that there are potential conflicts of interest and lack of transparency in the two law enforcement incidents involving the City Manager.
Jacob Cherub asserted that noticing should occur for any project that may have impacts on the quality of lives of citizens. He also reiterated the rewards available for information leading to the arrest of those responsible for the vandalism of the City Manager's home.
COUNCIL AND STAFF REPORTS
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City Manager Shoreh Dupuis advised that staff will follow up with Beam regarding her concerns about the solar panels. Dupuis also advised that the parade committee has been advised about the concerns related to the participants shooting blanks. Councilmember Alex Rounaghi requested that staff investigate options of using existing regulations to address the gun-use issue.
Regarding traffic-related enforcement on Coast Highway, City Manager Shoreh Dupuis advised that the City now has an additional motorcycle officer, and a previous motorcycle officer returned to duty, bringing the City's total to three motorcycle officers, which will enable additional enforcement. At Mayor Pro Tem Sue Kempf's request, Police Chief Jeff Calvert reiterated the Police Department's ongoing sustained effort to address speeding and loud vehicles, and the new legislation that will be in effect in 2025.
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Regarding the water main break, City Manager Shoreh Dupuis praised the emergency response by various City departments and other agencies.
City Manager Shoreh Dupuis thanked Public Works & Utilities Director Mark McAvoy and Assistant Director of Public Works Tom Perez for the successful ribbon cutting at the renovated Riddle Field. Mayor Pro Tem Sue Kempf thanked those responsible for the various improvements and elements in the renovation.
City Manager Shohreh Dupuis requested removal of Agenda Item #10 from tonight's agenda because additional time is necessary for the related funding from the State grant to be available.
City Attorney Phil Kohn provided status updates on the CEQA-related litigation cases, advising that they are waiting for the Court of Appeals to set a date for the Kirby case, which would likely be in three to six months. Kohn also advised that a case management conference is scheduled to occur on March 16, 2023, for the lawsuit regarding the California Coastal Commission's certification of the City's Historic Preservation Program, and on April 25 for the lawsuit related to the City's Historic Resource Element. Kohn also advised that there is a status conference scheduled for April 7 on the lawsuit related to the approval of the Ray property project on Hawthorne.
Councilmember George Weiss reiterated the arguments raised by members of the public regarding the City Manager's traffic citation.
Councilmember Mark Orgill suggested increasing fines for littering and catalytic converter theft. He also cautioned over-regulation, commenting on the benefits of allowing some creative expression.
Councilmember Alex Rounaghi reported on his tour of the South Coast Water District sewer tunnel project, projected to be completed in September, and commended former Council member Toni Iseman for insisting on the use of electric instead of diesel cranes. Councilmember Rounaghi suggested that the City work with the Water District on prevention efforts. Councilmember Rounaghi also reported on his recent tours of the City's Corporation Yard and lift stations. He also reported on the Laguna Beach Seniors Board meeting, noting that the Laguna Beach Seniors have about 1,400 cases each year, and he noted that they recently launched a new website and are looking into adding security cameras at the Susi Q. Councilmember Alex Rounaghi also reported on his recent tour of Be Well OC. Councilmember Alex Rounaghi concluded with his report on his attendance at the ACC-OC Sacramento Advocacy Trip.
Mayor Pro Tem Sue Kempf reported on the ribbon cutting for the Pacific Marine Mammal Center project. Mayor Pro Tem Kempf thanked staff for their work on the Patriots Day parade and quickly addressing the sink hole incident. Mayor Pro Tem Kempf also commented on the recent badge pinning ceremony.
Mayor Bob Whalen commented on the inaugural NCAA women's sand volleyball tournament held at Main Beach. He also reported on the Mission Hospital presentation provided at Monday's Emergency/Disaster Preparedness Committee meeting regarding disaster response. Mayor Whalen also commented that with the five officers added at the recent badge pinning ceremony, 51 out of 56 positions in the Police Department have been filled.
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CONSENT CALENDAR
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Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember George Weiss, and carried unanimously 5/0 to approve items 1-6, and 8.
MINUTES OF THE CITY COUNCIL MEETING
Approved the Minutes of the Regular Meeting of the City Council of February 21, 2023.
WARRANT LISTING
Approved the General Warrants and payroll disbursements.
Warrants: $2,391,575.06 02/17/2023
Payroll #16 $1,370,280.20 02/10/2023
Payroll #17 $1,382,716.84 02/24/2023
$2,752,997.04
Total $5,144.572.10
4. RESOLUTION TO SET A PUBLIC HEARING DATE FOR ANNUAL WEED
ABATEMENT PROGRAM
Adopted Resolution #23.017 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, DECLARING AND DETERMINING
THAT WEEDS, RUBBISH, AND REFUSE UPON THE STREETS, SIDEWALKS,
PARKWAYS AND PRIVATE PROPERTY IN THE CITY OFLAGUNA BEACH ARE A
PUBLIC NUISANCE AND DIRECTING THE CITY CLERK TO MAIL NOTICES TO
DESTROY AND REMOVE SAID WEEDS, RUBBISH AND REFUSE, AS REQUIRED BY LAW, AND FIXING THE TIME FOR HEARING OBJECTIONS AND PROTESTS," which will set a public hearing date of April 18, 2023, for the annual Weed Abatement Program.
RESOLUTION TO SET A PUBLIC HEARING DATE FOR THE ANNUAL SIDEWALK
AND INTERSECTION VISIBILITY NUISANCE ABATEMENT PROGRAMS Adopted Resolution #23.018 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, DECLARING AND DETERMINING
THAT VEGETATION OR WEEDS UPON THE STREETS, SIDEWALKS, PARKWAYS
AND PRIVATE PROPERTY IN THE CITY OF LAGUNA BEACH ARE A PUBLIC
NUISANCE, AND DIRECTING THE CITY CLERK TO MAIL NOTICES TO DESTROY
AND REMOVE SAID VEGETATION OR WEEDS AS REQUIRED BY LAW, AND FIXING THE TIME FOR HEARING OBJECTIONS AND PROTESTS," which will set a public hearing date of April 18, 2023, for the annual Sidewalk and Intersection Visibility Nuisance Abatement Programs.
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6. AWARD OF CONSTRUCTION CONTRACT FOR FOREST ALLEY TRASH
ENCLOSURE
(1) Awarded and authorized the City Manager to execute contract #23-014 with SDC Engineering Inc, in the amount of $224,241, for the Forest Alley Trash Enclosure project; and
(2) Authorized the City Manager to approve project related expenses and construction change orders for unforeseen circumstances for an amount not-to-exceed $22,000.
SERVICE PROVIDER AGREEMENT FOR CITYWIDE ENTERPRISE RESOURCE
PLANNING SOFTWARE SYSTEM
Councilmember Alex Rounaghi pulled this item to receive a description of the planning software system.
Staff Report: Assistant City Manager/CFO Gavin Curran briefly summarized the agenda report, stating that this software would streamline the finance and human resources processes, and he described.
City Manager Shoreh Dupuis explained that the new program would create City process efficiencies.
Assistant to the City Manager Jeremy Frimond commented that automating City systems had been identified as a priority in the City Council's 2023 matrix.
Questions of Staff: Councilmember George Weiss confirmed with staff that this new software would improve efficiencies in all City departments, and would have a positive impact on residents. A discussion ensued.
Councilmember Mark Orgill asked about the need to bring on additional staff to assist with the implementation of the new system. City Manager Shoreh Dupuis stated that although the City would not be hiring new full-time staff, it would be necessary to bring on part-time resources, as needed, to ensure the transition ran smoothly.
Councilmember George Weiss confirmed with staff that as part of the software agreement fee, database maintenance would be managed by the service provider.
Mayor Pro Tem Sue Kempf encouraged staff to scrub the data prior to implementation of the new software.
Mayor Bob Whalen confirmed with staff that the software was not customized for the City of Laguna Beach, and the City's process would be modified to meet the system's capabilities. -5-
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Councilmember George Weiss asked what the City would be receiving for the annual fee.
Assistant to the City Manager Jeremy Frimond listed the items covered under the service agreement.
City Treasurer Laura Parisi asked about the stability of the service provider. Assistant to the City Manager Jeremy Frimond responded that staff evaluated stability of a service provider on reference checks, and the breadth of their services both State and nationwide.
Public Testimony: Chris Catsimanes stated the importance of measuring the efficiencies created by implementation of the software.
Moved by Councilmember George Weiss, seconded by Councilmember Alex Rounaghi, and carried unanimously 5/0 to:
(1) Authorize the one-time expenditure of $1,093,000 to Tyler Technologies to develop and implement an Enterprise Resource Planning software system for the City's Human Resources and Finance services;
(2) Authorize the City Manager to execute a three-year Enterprise Resource Planning Software as Service Agreement #23-015 (April 1, 2023 - April 1, 2026) with Tyler Technologies for an annual cost not-to-exceed $180,000; (3) Authorize the City Manager to extend the Software as a Service Agreement for two additional one-year terms with the cost not-to-increase greater than three percent annually; and
(4) Authorize the City Manager to approve project related expenses and change orders for unforeseen circumstances for an amount not-to-exceed $250,000.
8. 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
(1) Adopted Ordinance #1685 to extend the City's Senate Bill 9 (SB 9) Urgency Ordinance (Ordinance No. 1668) for 12 months, which would allow the City additional time to establish permanent regulations for SB 9 properties/projects, as amended by staff; and (2) Found 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.
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Laguna Beach City Council Minutes March 7, 2023
REGULAR ORDER
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[Agenda Item No. 9 was heard after Agenda Item No. 11]
INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING
PORTIONS OF THE LAGUNA BEACH MUNICIPAL CODE RELATING TO
OCEANFRONT DEVELOPMENT AND MAJOR REMODELS, AND CATEGORICAL
EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Mayor Bob Whalen responded to public comments provided prior to the hearing that stated this item required more public input. He stated that there had been two public hearings with the Planning Commission, and he urged the public to take advantage of those public hearings to clearly vet the item prior to being heard by the City Council.
Mayor Pro Tem Sue Kempf added that the Planning Commission delved into more details than the City Council, and she stressed the importance of public participation at the Planning Commission meetings.
Staff Report: Director of Community Development Marc Wiener presented the background of the proposed ordinance, stating that he believed the ordinance was a reasonable and practical approach to addressing oceanfront developments and major remodels. He stated that the goal of the ordinance was to create a model program for other coastal cities.
Principal Planner Anthony Viera gave a presentation discussing the draft ordinance amending portions of the municipal code relating to oceanfront development and major remodels. Director of Community Development Marc Wiener continued with the presentation, addressing public comments provided prior to the hearing.
Questions of Staff: Councilmember George Weiss asked staff what was the problem that this ordinance was solving. Director of Community Development Marc Wiener responded that the regulations were not well-defined and there was not a clear definition of major remodel. He commented that the ordinance provides clarity to the standards.
Councilmember George Weiss voiced concerns about the impact of homes directly on the blufftop.
Director of Community Development Marc Weiner stated that there are approximately 500 shoreline properties, and the regulations did not include homes on the beach. He said that homes on the blufftop would need to match the existing pattern of development and would not be allowed to be built beyond the current regulations.
Councilmember George Weiss asked for clarification of the bluff overlay district and the protection of coastal resources. Principal Planner Anthony Viera responded that this ordinance provides required findings to allow any development on these lots should homeowners choose to apply a standard other than the 25-foot blufftop setback. -7-
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Director of Community Development Marc Weiner added that compared to the current process, this ordinance would require more science-based studies to determine the feasibility of more development.
Councilmember Mark Orgill asked about a protection device in the blufftop overlay district and if the overlay district conflicted with seawalls. Director of Community Development Marc Wiener responded that there may be flexibility when it came to the blufftop overlay district and the building or repairing of seawalls. He added that the foundation of a building would not be considered a seawall; however, he said the Coastal Commission may take a different stance.
Councilmember Alex Rounaghi repeated the question of what problem the ordinance was solving, asking for clarification. Principal Planner Anthony Viera responded that the current standards were difficult to apply and did not necessarily protect coastal resources. Viera commented that this draft ordinance would focus on the real issues associated with oceanfront development. Viera added that the new process would include robust science to support development decisions.
Councilmember Alex Rounaghi asked about the need for a CEQA initial study as part of the Code and General Plan amendment. City Attorney Phil Kohn clarified the Coastal Commission-based decision process, and a discussion ensued Mayor Bob Whalen asked if the draft ordinance would allow more development to occur.
Director of Community Development Marc Wiener clarified that this draft ordinance brought the City closer to the original intent of the code, and he explained.
Mayor Bob Whalen stated that he was in favor of the draft ordinance, but he asked if there was more the City should do to mitigate an impact on the environment. Director of Community Development Marc Wiener responded that it would be at the City Council's discretion to conduct an initial study.
Councilmember Mark Orgill asked staff to clarify what could or could not be maintained by a property owner under Coastal Commission regulations. Director of Community Development Marc Wiener listed a few areas where homeowners could make changes to their oceanfront homes under the rigid Coastal Commission standards. He added that the City is trying to establish new regulations to provide more flexibility.
City Attorney Phil Kohn clarified that CEQA exemptions would be determined on a case- by-case basis.
Public Testimony: Mike Johnson, representing the Directors of the Laguna Board of Realtors, stated that they supported the science-based approach to oceanfront development and the draft ordinance provided more clarity for property owners. -8-
Laguna Beach City Council Minutes March 7, 2023
Erin Berry, Smart Coast California, commented that they support science-based decisions coupled with site-specific evaluations. She added that it is important to protect environmental resources while guarding against the regulatory taking of private property without just compensation, and she described.
Marshall Ininns, architect, stated that he strongly supported the draft ordinance and that this was a great move forward for the City.
Tony Fisch discussed CEQA, stating that the City could not change its policy to exempt blufftop projects from discretionary design review through categorial exemption.
Anne Caenn, Village Laguna, commented that the draft ordinance was not ready for approval, and she explained. She encouraged the City Council to continue the item and to direct staff to conduct public outreach sessions. Jacob Cherub and Chris Catsimanes agreed with Caenn.
Ann Christoph commented that she approved of many of the concepts in the draft ordinance; however, she said there were many aspects of the draft ordinance that were difficult to comprehend, and she encouraged the City Council to continue the item to a future City Council meeting.
Mayor Bob Whalen confirmed with staff that the blufftop overlay district was open to property owners throughout the entire City and not solely South Laguna.
Principle Planner Anthony Viera responded to the public comment regarding further refining the definition of existing structures.
Mayor Bob Whalen asked why design review would not be required for all blufftop projects.
Director of Community Development Marc Wiener said that the current zoning code design review triggers include all blufftop projects; however, he said there could be minor blufftop projects that would not necessitate design review. Wiener commented that although smaller projects may be exempt from design review, they would still require a Coastal Development Permit.
Mayor Bob Whalen asked why the City would dispense with initial studies for projects located in environmentally sensitive areas. Director of Community Development Marc Wiener responded that not all blufftop project initial studies were yielding helpful information to make it a prescriptive requirement, and he explained. He added that if the project was encroaching into a habitat or creating an environmental impact, then an initial study would be warranted.
Mayor Bob Whalen asked who would make the determination as to whether an initial study would be required. Director of Community Development Marc Wiener explained that project applications required several upfront studies and any one of those could trigger an initial study. He said staff could add additional language in the draft ordinance to ensure more safeguards. Wiener addressed the public comments regarding the need for more public input by describing the City's extensive public outreach process. -9-
Laguna Beach City Council Minutes March 7, 2023
Councilmember Comments: Councilmember George Weiss commented that he supported continuing the item to allow more public workshops.
Councilmember Alex Rounaghi stated that this is a complex ordinance because it is a complex issue, and he commended staff on the draft ordinance. He voiced concerns with CEQA and not conducting an initial study.
Mayor Pro Tem Sue Kempf said that this draft ordinance cleared up ambiguity and added structure to the development process. She suggested staff create a list of criteria that would trigger an initial study.
Director of Community Director Marc Wiener addressed the initial study concerns suggesting that the current policy language remain as is, and staff return to the City Council with alternative language that could be added in a resolution rather than in an ordinance. He read from portions of the Public Resources Code supporting staff's assessment that the Coastal Commission is the equivalent of CEQA.
City Attorney Phil Kohn stated that activities pursuant to the Coastal Act are not subject to CEQA and the burden of CEQA compliance lies with the Coastal Commission rather than the local agency, and a discussion ensued.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember Alex Rounaghi, and carried 4/1 (Councilmember George Weiss opposed) to introduce the Ordinance that amends portions of the Laguna Beach Municipal Code relating to the regulation of oceanfront development with the establishment of a Bluff Overlay District and methodologies for calculating major remodels 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.
10. SERVICE PROVIDER AGREEMENT FOR MOBILE MENTAL HEALTH RESPONSE
PROGRAM
This item was removed from the agenda.
[Agenda Item No. 11 was heard before Agenda Item No. 9]
11. MEMORANDUM OF UNDERSTANDING AND SERVICE PROVIDER AGREEMENT
FOR POSSIBLE COASTAL TRAIL BETWEEN ALISO CANYON, WOODS CANYON,
AND ALISO BEACH
Staff Report: Planning Manager Amber Dobson gave a presentation discussing the Memorandum of Understanding (MOU) with the Coastal Commission and the agreement with the Laguna Canyon Foundation to conduct a trail assessment for a possible coastal trail between Aliso Canyon, Woods Canyon, and Aliso Beach.
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Questions of Staff: Councilmember George Weiss asked about the three potential trail alignments. Planning Manager Amber Dobson described the three trails.
Mayor Pro Tem Sue Kempf read the four terms of the MOU.
Mayor Bob Whalen asked about the in-lieu plan in the MOU. Planning Manager Amber Dobson explained the proposed trail to the sea in-lieu plan.
Public Testimony: Chris Keyes stated that he supports the proposed extension of the trail to the sea, and he listed the business benefits.
David Raber discussed the pedestrian and cyclist trail and he stated that he supports the extension of the trail running along the northern side of The Ranch.
Mark Christy, Managing Partner at the Ranch, commented that the Ranch encouraged the project: however, he stated they did not support a trail running through the golf course, and he explained.
Halley Jones, Executive Director of the Laguna Canyon Foundation, commented that they saw this as an exciting opportunity to explore four trail options to provide connectivity to the beach. She discussed the importance of exploring all options before moving forward with a decision.
Mayor Bob Whalen asked about the timeframe of the project. Planning Manager Amber Dobson described the timeline of the project and stated that staff would be returning to the City Council for additional funding as appropriate.
Councilmember Mark Orgill asked why the path through the golf course would be included in the assessment if it was not an ideal option.
Halley Jones, Executive Director of the Laguna Canyon Foundation, explained the importance of including all trail options in the final document.
City Manager Shoreh Dupuis responded to Mayor Whalen's earlier question, stating that staff would return to the City Council in July or August with an update to the trail analysis.
Councilmember Alex Rounaghi commented on the importance of finding additional grants to assist in funding the project.
Councilmember George Weiss voiced concerns about the parking impact on the neighborhoods in South Laguna.
Halley Jones, Executive Director of the Laguna Canyon Foundation, commented that the public would utilize parking at Aliso Beach parking lots. -11-
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Anne Caenn, Village Laguna, stated that they support the trail extension, and she listed their suggestions.
Michele Monda discussed the importance of the trail being easily accessible to families for biking and walking the trail. Johanne McMahan agreed with Monda, stating that the trail needed to be safe and easily walkable.
Councilmember Comments: Councilmember Alex Rounaghi commented that tonight's decision was not about public policy, but rather utilizing funds to explore the feasibility of different trails. He added that it was important to look at all the options available.
Councilmember Mark Orgill stated that he agreed with Councilmember Rounaghi; however, it was vital to define the type of trail.
Planning Manager Amber Dobson clarified that the trail would be for pedestrian and biking uses.
Mayor Bob Whalen suggested adding language in the MOU that would not commit the City to spend beyond the $250,000 that was already designated.
Moved by Mayor Bob Whalen, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to:
(1) Authorize the City Manager to execute a Memorandum of Understanding with the California Coastal Commission for the administration of mitigation funds for the planning, permitting, and construction of a public trail at 31106 Coast Highway, with the added language proposed by Mayor Bob Whalen in section 5; (2) Authorize the City Manager to enter into service agreement #23-016 with the Laguna Canyon Foundation in an amount not-to-exceed $30,000 to study the feasibility of the public trail at 31106 Coast Highway; and
(3) Appropriate $30,000 from the Trail Deposit Account for the services provider agreement with Laguna Canyon Foundation.
[Agenda Item No. 12 was heard after Agenda Item No. A]
12. GLENNEYRE STREET TRAFFIC SAFETY AND STREET LIGHTING ASSESSMENTS Staff Report: Director of Public Works Mark McAvoy gave a presentation updating the City Council on the Glenneyre Street traffic safety and street lighting assessments. He summarized the findings in the report and discussed recommendations that would improve the conditions on Glenneyre.
Questions of Staff: Mayor Bob Whalen confirmed with staff that safety improvements would be made during the slurry seal of Glenneyre Street. Director of Public Works Mark McAvoy listed the improvements.
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Mayor Bob Whalen suggested installing shorter pedestrian signs that lit up at night.
Mayor Pro Tem Sue Kempf asked about the need to create consistency along Glenneyre for drivers. Director of Public Works Mark McAvoy stated that this concern would be addressed with the implementation of the recommended improvements.
Moved by Councilmember George Weiss, seconded by Councilmember Alex Rounaghi, and carried unanimously 5/0 to direct staff to proceed with recommendations in both reports to enhance safety and improve lighting.
PUBLIC HEARING FOR APPEAL
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[Agenda Item No. A was heard before Regular Agenda Item No. 12] A. APPEAL OF THE DENIAL OF DESIGN REVIEW 20-7274 AND VARIANCE 20-7275 FOR MODIFICATIONS TO A PRIOR APPROVAL AT 1280-1290 NORTH COAST HIGHWAY IN THE CN (COMMERCIAL NEIGHBORHOOD) ZONE.
MODIFICATIONS INCLUDE CONSTRUCTION OF A DETACHED, TWO-CAR
CARPORT, A VARIANCE IS REQUESTED TO ENCROACH INTO THE FRONT SETBACK [LBMC $25.19.008(B)(2),] AND TO ALLOW CONSTRUCTION WHERE A NONCONFORMING USE EXISTS ILBMC $25.56.0121
Staff Report: Senior Planner Chris Dominguez gave a presentation describing the appeal of a Design Review Board (DRB) denial to modify a detached, two-car carport at 1280-1290 North Coast Highway. He gave the background of the project and listed the reasons for the 3-1 DRB vote to deny the project. Dominquez described the property owner's grounds for their appeal.
Questions of Staff: Mayor Bob Whalen confirmed with staff that a nonconforming use that required a variance had to do with the density that existed onsite because the property is a triplex.
Councilmember Alex Rounaghi affirmed with the City Attorney that the standards of review for the design review criteria would be an abuse of discretion, and the standard for the variance portion was de novo. He stated that there had been no findings for the design review criteria and access in the motion from the DRB minutes.
City Attorney Phil Kohn clarified that if the City Council determined that the DRB did not make the findings sufficient to support its decision or there was insufficient evidence to support the decision, those could be the basis that there was an error or an abuse of discretion by the DRB.
Councilmember Alex Rounaghi addressed the vehicle access criteria and that the appellant has been allowed to park in this current location. He confirmed with staff that access would not change with or without the proposed carport.
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Councilmember Mark Orgill asked if the decorative wall next to the parking area is part of the historic character defining features. Senior Planner Chris Dominguez responded that it is not. Dominguez stated that the applicant did not want to demolish the decorative wall and that was why they were proposing to keep the carport in the current location.
Councilmember George Weiss questioned how a carport would impact safety concerns while they had been parking in the same location for many years without any incidents.
Testimony in Support of the Appeal: George and Debra Hayos, homeowners and appellants, explained that it had been important to maintain the character of the historic home when designing the carport. They said the proposed carport was designed with safety in mind, while at the same time maintaining neighbors' views. Havos stated that the proposed carport would simply protect their vehicles without creating any new problems. Debra Havos added that the carport met each standard of the design review criteria.
Testimony in Opposition to the Appeal: Jeff Manino, neighbor to the project, voiced concerns that the applicants did not address the neighbors' concerns. He said approval of the proposed design of the carport would set a precedent by allowing the expansion of nonconforming properties. Manimo stated that there were no properties in the vicinity that shared the same right that the applicants were requesting tonight. He added that he was concerned that ocean views would be impeded by the proposed carport. Manimo encouraged the City Council to uphold the DRB's decision and to deny the appeal.
Rebuttal: George Havos, applicant and appellant, commented that the staff report clearly stated that they had met all of the applicable issues and highlighted six other properties that had similar projects. He added that the neighbor would not be losing any views from the proposed carport design. Debra Havos discussed the 6 other properties with carports and 13 garages in the vicinity that force vehicles to back onto Coast Highway.
Questions of Staff: Mayor Bob Whalen confirmed that the design of the poles for the carport were minimal. He asked about the access criteria under the DRB guidelines.
Senior Planner Chris Dominguez responded to Mayor Whalen stating that conflict between vehicles, pedestrians, and other modes of transportation should be minimized by specifically providing for each mode of transportation.
Councilmember Alex Rounaghi confirmed with staff that the intention of the project was to not impede pedestrians and to contain the vehicles within the property boundaries. He asked about view equity.
Senior Planner Chris Dominguez said the DRB evaluated view equity and determined that the open construction design was sensitive to view equity.
Councilmember Comments: Mayor Pro Tem Sue Kempf stated that she did not see any view impacts with the building of a carport.
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Councilmember Mark Orgill commented that the decorative wall is a defining feature and access would not change by destroying it. He said that the design of the carport roof would be an asset to the property, and it did not impact view equity.
Councilmember George Weiss said that vehicle access was not an issue.
Mayor Bob Whalen stated that he agreed with Councilmember Weiss because it had been historically utilized as a parking area. He asked about the variance findings.
Senior Planner Chris Dominguez listed the two variances and their findings.
Councilmember Alex Rounaghi stated that the staff report made a good case for making the variance findings. Mayor Bob Whalen commented that the four findings for the variances could be made.
Moved by Mayor Bob Whalen, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to grant the appeal and overturn the decision of the Design Review Board. approving the project and directing staff to draft a resolution (#23.019) containing the Council's findings in support of overturning the decision, including a determination under the California Environmental Quality Act, determining that existing access is not changed and the variance findings can be made.
ADJOURNMENT
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There being no further business, Mayor Whalen at 10:53 p.m.., Tuesday, March 7, 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, March 21, 2023, at City Hall, 505 Forest Avenue, Laguna Beach California. ****** ****
Approved: March 21, 2023 Botherh
Bob Whalen, Mayor
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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
March 7, 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, March 7, 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 10:53 p.m., Tuesday, March 7, 2023, adjourned to the Closed Session at 4:00 p.m., and hybrid virtual/in-person Regular City Council Meeting at 5:00 p.m., Tuesday, March 21, 2023, at City Hall, 505 Forest Avenue, Laguna Beach, California.
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF LAGUNA BEACH
I, Ann Marie McKay, City Clerk of the City of Laguna Beach, California, do hereby certify that the foregoing is a full, true, and correct copy of the Minute entry on record in my office. IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Laguna Beach, California, on this 8'h day of March 2023.
O LAGUNA BEACH
INGORPORATES City Clerk of the City of Laguna Beach California UNE 29. 192
ANGE COU CALIFOR
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 said meeting of the City Council was held.
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