Laguna Beach City Council Minutes March 21, 2023
MINUTES
LAGUNA BEACH CITY COUNCIL
REGULAR HYBRID VIRTUAL/IN-PERSON MEETING
March 21, 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 21, 2023, in the City Hall, 505 Forest Avenue, Laguna Beach, California, Mayor Whalen presiding
ROLL CALL
PRESENT: COUNCILMEMBERS: Orgill, Weiss, Kempf, Whalen
PARTICIPATING REMOTELY: COUNCILMEMBERS: Rounagh
ABSENT: COUNCILMEMBERS: None
Mayor Pro Tem Sue Kempf led the Pledge of Allegiance.
CLOSED SESSION
******************
Conference 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 advised prior to the recess to closed session that Councilmember Alex Rounaghi would be participating remotely in the meeting pursuant to Government Code section 54953(1) for just cause due to a contagious illness that prevents him from attending in person. City Attorney Kohn advised that Councilmember Mark Orgill abstained from this evening's Closed Session, and there was no reportable action.
EXTRAORDINARY BUSINESS
*****************************
1. PROCLAMATION DECLARING APRIL 2023 AS NATIONAL ARAB AMERICAN
HERITAGE MONTH IN LAGUNA BEACH
Adopted the Proclamation declaring April 2023 as National Arab American Heritage Month in Laguna Beach.
2. YEARS OF SERVICE RECOGNITION
Received and filed the report recognizing the following City employees with milestone years of service: Kamille Carruthers, Victor Centeno, David Dereszynski, Taylor Dunaway, Fauna Shrago, and Carlos Partida for one year; Randy Bitonti Jr, Kaley Gilstrap, Dennis Murphy, Pierre Sawaya, and Matthew Squires for five years; Michael Lee for 10 years, and David Shissler and Jason Walker for 20 years.
-1-
Laguna Beach City Council Minutes March 21, 2023
PUBLIC COMMUNICATIONS
*******************************
Ganka Brown reiterated her concerns about the native wild cucumber vine and its effects on other vegetation.
Chris Catsimanes opined on circumstances surrounding incidents related to the City Manager.
Sheri Morgan advised that the Laguna Beach Unified School District is considering multi-million- dollar improvements that include a new pool and relocation of the tennis courts, and encouraged the public and the Council to actively keep informed since the project would impact the entire Laguna Beach community.
CeCe Moore expressed concerns about the Design Review Board's recent approval of the project at 200 Alta Vista Way.
Ligia Hall, former Administrative Assistant for Water Quality Director David Shissler, congratulated Shissler on his 20-year anniversary and upcoming retirement.
Ramin Pejan expressed safety concerns regarding erosion on the Valido Trail, where plants were recently killed using herbicides.
Jacob Cherub asked for information regarding the postponement of the Promenade workshop and the status of the 3" Street parking structure proposed project.
Ruben Flores expressed concerns related to erosion on the slopes, such as below the gazebo in Heisler Park.
Judie Mancuso, Environmental Sustainability Committee, and Matt Lawson, Emergency/Disaster Preparedness Committee, congratulated Fauna Shrago on her one-year anniversary with the City, and thanked her for her work with the committees, commending her for being an asset to the City.
COUNCIL AND STAFF REPORTS
*******************************
City Clerk Ann Marie McKay advised that the City Clerk's Office has contracted with the Language Network to provide language services as needed. The City will only be charged for services provided. If a member of the public or a committee member requests an interpreter or ASL services for a meeting/hearing, the City now has access to reliable services to accommodate such requests.
City Treasurer Laura Parisi reported on attending the League of California Cities Revenue and Taxation Policy Committee meeting, where information was shared regarding sales tax initiatives and property tax allocation possibilities, and a CalPERS update was provided by the CalPERS Chief Operating Investment Officer.
-2-
Laguna Beach City Council Minutes March 21, 2023
City Manager Shoreh Dupuis requested that Consent Item #6 be pulled from the agenda so that staff can add clarifying language to the proposed ordinance, and provide an in-depth presentation with another first reading of the proposed ordinance at the April 4, 2023, City Council meeting.
Regarding the postponement of the promenade workshop, City Manager Shohreh Dupuis advised that the workshop is anticipated to be rescheduled to occur in April; however, no preliminary designs are currently available to share. Dupuis assured that the concept plans will be posted after the meeting is held, allowing the public to comment on the plans.
City Manager Shoreh Dupuis advised that staff will follow up with Moore regarding her concerns about the project at 200 Alta Vista Way.
Regarding the 3rd Street parking structure project, City Manager Shoreh Dupuis advised that the Parking Subcommittee is reviewing Citywide options, including potential parking structures, and will be presenting its recommendations at a future Council meeting.
At City Manager Shoreh Dupuis' request, Fire Chief Niko King reported on the erosion at the Valido Trail, advising that the County Parks Division was on site and it is too soon to determine if there is a nexus between the recent fuel modification and the erosion, noting that erosion is occurring everywhere due to the recent rains. Chief King reported on the Department's communications improvements to ensure the public is aware of active fuel modification areas when it is occurring.
City Manager Shoreh Dupuis advised that Public Works, the Fire Department, and the Police Department are monitoring erosion throughout the City.
Councilmember George Weiss asserted that the Council's job is to oversee the City, explaining his focus on the Police Department.
Councilmember Mark Orgill reported that he attended the ribbon cutting for Finney's Crafthouse, and the recent Heritage Committee meeting, expressing appreciation of the renovation of the historic property. He also noted that last month owners of four homes applied to be put on the Historic Register.
Councilmember Alex Rounaghi thanked staff for hosting the recent listening session regarding South Laguna beaches. He also commented on the fun of being involved in the Lagunatics performance.
Councilmember Rounaghi announced that he has been appointed by County Supervisor Katrina Foley to represent the 5th District on the Transportation Advisory Committee. Councilmember Rounaghi also reported on Ethan Vinograd's Celebration of Life.
Mayor Pro Tem Sue Kempf reported on the recent visit by Montessori School 6-year-olds and the Finney's Crafthouse soft opening. Mayor Pro Tem Kempf commented on the disrepair of the cottages on Ocean Avenue. She also expressed enjoyment in her involvement in the Lagunatics production and encouraged the public to attend a performance.
Mayor Bob Whalen reported on meeting with the Caltrans District 12 Director, stating that Caltrans was open and forthcoming about potential road safety improvements, possible use of cameras, etc. -3-
Laguna Beach City Council Minutes March 21, 2023
CONSENT CALENDAR
**********************
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember George Weiss, and carried unanimously 5/0 to approve items 1-5, 7-9, and 11A.
3. MINUTES OF THE CITY COUNCIL MEETING
Approved the Minutes of the Regular Meeting of the City Council of March 7, 2023.
CITY TREASURER'S MONTHLY INVESTMENT REPORT FOR JANUARY 2023 Received and filed the Monthly Investment Report for January 2023.
WARRANT LISTING
Approved the General Warrants and payroll disbursements.
Warrants: $1,635,842.85 03/03/2023
Payroll #18 $1,481,412.56 03/10/2023
Total $3,117,255.41
6. ADOPTION OF ORDINANCE AMENDING PORTIONS OF THE LAGUNA BEACH
MUNICIPAL CODE RELATING TO OCEANFRONT DEVELOPMENT AND MAJOR
REMODELS AND ADOPTION OF RESOLUTIONS AMENDING LOCAL COASTAL
PROGRAM AND GENERAL PLAN AND REQUESTING CERTIFICATION BY
CALIFORNIA COASTAL COMMISSION
[This item was removed from the agenda, but public comment was taken.]
7. GRANT OF EASEMENTS TO SOUTHERN CALIFORNIA EDISON AND FRONTIER
COMMUNICATIONS FOR WOODS COVE UNDERGROUND UTILITY
ASSESSMENT DISTRICT (AD 2014-2)
(1) Authorized the City Manager to execute easement deeds to Southern California Edison for placement and maintenance of electrical and communications facilities at Fire Station No. 2; and
(2) Authorized the City Manager to execute easement deeds to Southern California Edison and Frontier Communications for placement and maintenance of electrical and communications facilities at Bluebird Park (Councilmember Weiss abstained due to proximity of his residence to the location).
RECEIVED AND FILED THE STATE-MANDATED HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR 2022
Received and filed the 2022 Housing Element Annual Progress Report. -4
Laguna Beach City Council Minutes March 21, 2023
9. RESOLUTION AUTHORIZING APPLICATION TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR LOCAL TRANSPORTATION FUNDS Adopted Resolution #23.020 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, AUTHORIZING THE FILING OF ALL
APPLICATIONS WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR LOCAL TRANSPORTATION FUNDS," authorizing the City Manager to file an application and claim with the Orange County Transportation Authority for $1,531,335 from the Local Transportation Fund, and to file amendments as necessary due to budget adjustments or any changes in the City's apportionment of Local Transportation Funds.
10. PROPOSED MODIFICATIONS TO THE VILLAGE ENTRANCE LANDSCAPE PLAN
RELATED TO PARKING LOT LANDSCAPING
Public Testimony: Ann Christoph commented that she had met with staff and had come to an agreement on many of the changes to the Village Entrance landscape plan. She said there were opportunities to add additional trees; however, she said that staff was not willing to include this suggestion in the modifications and she described. She requested that the City Council add her recommendations to the approval of the item.
Ruben Flores noted the importance of including residents in the process. He said he agreed with Christoph and requested more trees be included in the Village Entrance landscape plan.
Councilmember Comments: Mayor Bob Whalen explained that it had not been the staff's intent to plant new trees or to change the landscape plan, but to replace unhealthy trees.
City Manager Shoreh Dupuis clarified that new trees could not be added without a revision to the Coastal Development Permit (CDP). She stated that staff were directed to review the existing trees and determine which ones required replacement because they were in poor condition. Dupuis added that the modifications that would be made were minor, and she explained.
Mayor Bob Whalen asked about the removal of the Red Bud tree close to the digester building. City Arborist Matthew Barker addressed the proposed removal of the tree, stating that the tree was in good health and structure.
Councilmember George Weiss questioned the replacement of trees. City Arborist Matthew Barker presented the reasons for replacing the ailing trees with a different variety. A discussion ensued.
Mayor Pro Tem Sue Kempf stated that the addition of trees was not part of tonight's agenda.
Moved by Mayor Bob Whalen, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to approve the proposed minor modifications to the Village Entrance landscape plan to address landscaping located in the parking lots. -5-
Laguna Beach City Council Minutes March 21, 2023
11. APPROVAL TO RELEASE CONTRACT CITY ATTORNEY REQUEST FOR
PROPOSAL
Public Testimony: Jacob Cherub voiced his concerns about conflicts of interest with the City's attorney representing several neighboring cities.
City Attorney Phil Kohn responded to the public's comment stating that their office represented several cities, including those within close proximity to Laguna Beach, and he said he would not comment on the conflict-of-interest statement.
Councilmember Alex Rounaghi confirmed with the City Attorney that several Orange County law firms represent multiple cities within Orange County.
Moved by Councilmember George Weiss, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0:
(1) Review and approve the proposed Request for Proposal for contract City Attorney services; and
(2) Direct staff to release the Request for Proposal for contract City Attorney services. 11A. RESOLUTION DECLARING A LOCAL EMERGENCY CAUSED BY WINTER
STORMS AND REQUESTING STATE AND FEDERAL AID
Adopted Resolution #23.021 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, DECLARING THE EXISTENCE OF A
LOCAL EMERGENCY CAUSED BY WINTER STORMS, AND AUTHORIZING EMERGENCY ORDERS, RULES, AND REGULATIONS."
REGULAR ORDER
$***********
12. CONSIDERATION OF WHETHER TO AUTHORIZE THE RELEASE OF RECORDS
EXEMPT FROM DISCLOSURE UNDER THE CALIFORNIA PUBLIC RECORDS ACT Mayor Bob Whalen commented that the City Council had reviewed the body camera footage prior to this evening's agenda item, and they would determine whether or not to release the records for public viewing.
City Attorney Phil Kohn explained that while it was City policy to withhold the records in question, the City Council may also exercise its discretion and choose to voluntarily release those records.
Public Testimony: Pat Menne read a letter from James Grossberg listing his reasons supporting the release of records, including the body camera video from the traffic stop of the City Manager. Michele Monda, Chris Catsimanes, and Alex Monda via a statement read by MJ Abraham, explained their reasons they supported release of the records. -6-
Laguna Beach City Council Minutes March 21, 2023
Questions of Staff: Councilmember Mark Orgill confirmed with the City Attorney that the City did not have any written policy that dealt with this issue. He asked if tonight's determination would set a precedent. City Attorney Phil Kohn responded that although not written policy, past practices for the City were that body camera videos and dispatch call information were not disclosed in response to Public Records Act requests.
Councilmember George Weiss stated that the City Council would not be setting a precedent because in the past the City had released body camera footage of other incidents.
Councilmember Mark Orgill confirmed with the City Attorney that the police officer that issued the ticket to the City Manager did not file any complaint regarding the traffic stop.
City Attorney Phil Kohn stated that there are California laws that called for the release of body camera footage in situations that were characterized as major incidents, and this minor traffic stop was not encompassed under those statutes.
Councilmember Comments: Councilmember Mark Orgill commented that he had viewed the footage and the City Manager had acted entirely appropriately. He voiced concerns about the possible improper use of the video should it be released to the public. Orgill said that looking back, he wished a third-party investigation had been held to make a determination.
Mayor Pro Tem Sue Kempf remarked that after reviewing released documents and the body camera footage, everything corresponded with the City Manager's account of the traffic stop.
She said this had been a minor traffic violation and she would not be supporting the release of the body camera video.
Councilmember George Weiss stated that the City Manager would be exonerated by the release of this footage. He said it was important to release all records associated with this traffic stop and he explained.
Councilmember Alex Rounaghi commented that it was important to promote transparency and he would be supportive of releasing the records to the public. He described the body camera footage, phone logs, and other documents associated with this traffic stop.
Councilmember Rounaghi stated that based on the information he reviewed, the City Manager's testimony corroborated the evidence. Councilmember Rounaghi said that not disclosing the video would add unnecessary uncertainty and suspicion to this incident. He concluded that public records requests needed to be adhered to in a timely manner.
Mayor Bob Whalen said he agreed with the Councilmembers' comments that the video confirmed that the City Manager had been appropriate during the entire traffic stop and the timeline she had presented matched the body camera video. He addressed residents' concerns describing the public records request process. Whalen commented that he was concerned about the precedent-setting aspect of releasing the records and he explained. He said that if there were anything in the video that led him to believe something had been inappropriate, he would support the release of the video to the public; however, he said there had been no -7-
Laguna Beach City Council Minutes March 21, 2023
impropriety and he was concerned this could set a precedence and therefore did not support releasing the records to the public.
Councilmember Mark Orgill stated that because the video had nothing in it, he strongly supported releasing it to the public.
Mayor Pro Tem Sue Kempf said she agreed with Mayor Whalen, and she described.
Councilmember George Weiss stated that he supported releasing the records to the public and that it would not set a precedent. He said this was a matter of public interest and he made a motion to release the records to the public.
Moved by Councilmember George Weiss, seconded by Councilmember Mark Orgill, and carried 3/2 to waive the exemption under the Public Records Act for investigatory files and authorize the disclosure of certain exempt records.
Roll Call:
Ayes: Orgill, Rounaghi, Weiss
Noes: Kempf, Whalen
13. POLICE DEPARTMENT UPDATE ON 2022 CRIME STATISTICS
Staff Report: Chief of Police Jeff Calvert gave a presentation updating the City Council on City's 2022 crime statistics. Police Captain David Dereszynski discussed parking enforcement and the animal shelter data. Police Chief Jeff Calvert continued the presentation, explaining the Police Department's new organizational structure and the next steps that would be taken to continue to decrease crime in Laguna Beach.
Questions of Staff: Councilmember George Weiss voiced concerns about loud vehicles coming into town. Police Captain Jeff Calvert repeated the measures the Police Department was taking that are available to them to deter those vehicles; however, he explained that State law did not permit the City to increase the related fines.
Councilmember Mark Orgill confirmed with the Police Chief that Laguna Beach had over 130 onsite sale and offsite alcohol sale establishments. A discussion ensued regarding alcohol permits and the issuance of Driving Under the Influence citations (DUIs).
Mayor Bob Whalen asked about managing speed in Laguna Beach. Police Captain Jeff Calvert described the Police Department's strategy and how to mitigate speed.
Public Testimony: Julian Harvey, Tom Gibbs, Matt Lawson, Judie Mancuso, and John Thomas expressed appreciation of the Police Department's report and the measures it was taking to reduce crime in the City. Judie Mancuso gave suggestions regarding how to mitigate drag racing in the Canyon, and John Thomas asked if the data presented could be more refined and he explained.
-8-
Laguna Beach City Council Minutes March 21, 2023
Anne Caenn asked if speed bumps could be installed on Coast Highway to calm traffic.
No Motion was made.
14. ADOPT A RESOLUTION APPROVING THE THIRD AMENDMENT TO THE SOLID
WASTE FRANCHISE AGREEMENT WITH WASTE MANAGEMENT AND MAKE
FINDINGS THAT THE APPROVAL OF THE THIRD AMENDMENT IS EXEMPT
FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Report: Senior Public Works Analyst/Solid Waste Program Coordinator Liz Avila gave a presentation regarding the third amendment to the solid waste franchise agreement with Waste Management.
Public Testimony: Daniel Butler, Territory Manager for Public Sector at Waste Management (WM), commented on WM's long-term commitment to Laguna Beach and he described. Gabriel Tesaro, District Manager of Waste Management, described the unique topography of managing garbage trucks in Laguna Beach and WM's loyalty to its customers.
Melissa Cisomo, Waste Management, stated that WM appreciated its long history with the City of Laguna Beach.
Anne Caenn asked why residents did not have the ability to recycle bags at stores.
Questions of Staff: Mayor Bob Whalen asked about refuse rates for residents. Director of Public Works Mark McAvoy explained the proposed rate structure for Fiscal Year 2023-24 and billing alternatives for residents. A lengthy discussion ensued.
Moved by Councilmember George Weiss, seconded by Councilmember Alex Rounaghi, and carried unanimously 5/0 to:
(1) Authorize the City Manager to execute the third amendment to Agreement #13-65 etween the City and USA Waste of California, Inc. dba Waste Management of Orang 'ounty, extending the expiration date to June 30, 2024, and for an additional amount not to-exceed $613,000;
(2) Authorize the City Manager to make non-substantive changes to the third amendment if needed;
(3) Adopt Resolution #23.022 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING A THIRD
AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF LAGUNA
BEACH AND USA WASTE OF CALIFORNIA, INC. DBA WASTE MANAGEMENT
OF ORANGE COUNTY AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE THIRD AMENDMENT;"
-9-
Laguna Beach City Council Minutes March 21, 2023
(4) Approve the findings that the approval of the third amendment is exempt from the California Environmental Quality Act;
(5) Direct the City Manager to include necessary funding from the $613,000 from the Solid Waste Landfill Importation Revenue Fund in the Fiscal Year 2023-24 Solid Waste Budget to offset rate increases on residential ratepayers by 50%; and (6) Direct staff to notice the public hearing for the May 16, 2023, City Council meeting for the proposed rate increases.
[Appeal A was heard at this time]
15. APPROVAL OF 2023 SUMMER PARKING MANAGEMENT PLAN AND TRANSIT
SERVICES UPDATE
Questions of Staff: Mayor Pro Tem Sue Kempf explained that although the ridership was low, she would be reluctant to cancel the Beach Trolley service. Director of Transit/Community Services Michael Litschi described the low ridership of the pilot Beach Trolley program and that it did not match up to the other City trolley services. He said the expanded on-demand service could offer a different alternative for the Beach Trolley, and a discussion ensued.
Councilmember Alex Rounaghi suggested increasing signage at Mission Hospital to promote higher usage of the free parking lot.
Mayor Bob Whalen asked about making Act V parking lot free to the public during the week to maximize the utilization of this lot. Director of Transit/Community Services Michael Litschi voiced concerns that the Act V parking lot could become overwhelmed if it were free.
City Manager Shohreh Dupuis suggested reducing the weekday charge to $5.
Public Testimony: Karen Martin asked about the Mission Hospital parking management plan. She added that she supported making Act V free during the weekdays to see if it solved any of the downtown parking issues.
City Manager Shoreh Dupuis responded to Ms. Martin's question clarifying the number of parking spaces the hospital provided to the City for free, and the number of spaces that the City rented from the hospital.
Councilmember Comments: Mayor Bob Whalen said he could support modifying the Act V parking rates to $5 for weekdays for the summer. He said that if usage did not increase dramatically, he would like to make it free during the weekdays. -10-
Laguna Beach City Council Minutes March 21, 2023
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to:
(1) Receive and file an update on the summer 2022 Parking Management Plan; (2) Authorize the operation of summer trolley service on the Coastal, Canyon and Summer Breeze routes, and expanded Laguna Local on-demand service hours, between June 30, 2023, and September 4, 2023;
(3) Authorize the City Manager to amend Agreement #21-38 with LAZ Parking California, for increased scope of work to operate expanded trolley and on-demand services; (4) Authorize the City Manager to negotiate and execute, or extend lease agreements, for seasonal public parking lots with Mission Hospital Laguna Beach, Laguna College of Art and Design, the Festival of Arts, the property owner at 232 Ocean Avenue, and the property owner at 16355 Laguna Canyon Road;
(5) Authorize the City Manager to negotiate and execute Agreement #23-18 with IPS Group, Inc., in an amount not-to-exceed $200,000, for the purchase of 25 new multi- space pay stations;
(6) Authorize the sale of a summer parking passes for festival artists, staff, and the general public;
(7) Authorize the continuation of the Passport to the Arts parking permit program, which provides discounted parking in Lot 16 (Act V); and
(8) Reduce the parking fee from $7.00 to $5.00 at Lot 16 on weekdays.
16. ADOPT A RESOLUTION APPROVING INTERIM USE FACILITY RESERVATION
PROGRAM, LICENSE AGREEMENT POLICY AND FEE SCHEDULE AT LAGUNA BEACH COMMUNITY AND RECREATION CENTER LOCATED AT 30516 COAST
HIGHWAY
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Approve the Facility Reservation Program and the License Agreement Policy and associated fee schedule by adopting Resolution #23.023 titled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA,
ESTABLISHING POLICIES AND FEES FOR USE OF THE LAGUNA BEACH
COMMUNITY AND RECREATION CENTER AND FOR USE OF CITY
FACILITIES; and
(2) Approve limiting large events with more than 40 participants and other special events to two days or less (per event) and require a Temporary Use Permit for such events. -11-
Laguna Beach City Council Minutes March 21, 2023
[Appeal A was heard after Item No. 14]
PUBLIC HEARING FOR APPEAL
********************************
A. APPEAL OF APPROVAL OF DESIGN REVIEW 22-2114 AND VARIANCE 22-2115, AND CEQA CATEGORICAL EXEMPTION AT 705 MARLIN DRIVE
Director of Community Development Marc Wiener introduced the item.
Staff Report: Project Planner Garrett Wank gave a presentation regarding an appeal of a denial of the Design Review Board's (DRB) approval at 705 Marlin Drive. He said the DRB voted 4-1 to approve the applicant's request for 27-square-foot lower-level additions, 142- square-foot upper-level additions, landscaping, 132-square-foot deck addition, additional parking space in the required side-yard setback, tandem parking, roofline modifications, exterior material changes, window and door changes, to exceed the allowable building site coverage, and additions greater than 10% to the original, legal, nonconforming (setbacks, building height) structure. Wank said the DRB approved the project with certain conditions to mitigate concerns raised by the neighbors. He listed the appellants' basis for the appeal and said that staff recommended denying the appeal.
Questions of Staff: Mayor Pro Tem Sue Kempf asked for further information regarding the parking request. Project Planner Garrett Wank described the proposed parking design.
Mayor Bob Whalen confirmed with staff that the measurements of the proposed tandem parking met the minimum standard requirements for the parallel parking space in the code.
Director of Community Development Marc Wiener commented that due to the constraints of the site, the tandem parking had been proposed to meet the required additional parking needed because of the square footage increase of the building from the proposed design.
Project Planner Garrett Wank explained the need to add the additional parking to the property.
Councilmember Mark Orgill voiced concerns that the sidewalk would be blocked by vehicles parking in the driveway.
Councilmember Alex Rounaghi asked about the DRB's specific finding that adequate access from the driveway had been achieved. Project Planner Garrett Wank highlighted the DRB minutes where the Board noted that there were not significant concerns regarding the access, and they reasoned that it had met the design review criteria.
Mayor Pro Tem Sue Kempf confirmed with staff that the proposed parking measurements in the driveway met the criteria in the municipal code.
-12-
Laguna Beach City Council Minutes March 21, 2023
Testimony in Support of the Appeal: Chuck Krollkowksi, attorney representing the appellants, explained their reasons for appealing the proposed project including: the Board was biased and improperly approved a project due to issues with unpermitted construction and improper disclosure; and that the proposed project would cause significant lighting and glare and privacy impacts on the appellant's property.
Mayor Bob Whalen asked Krolikowski to articulate how the alleged bias by the DRB and staff impacted this evening's ruling. A discussion ensued.
Bijan Jalali, owner at 765 Kendall Drive, stated that he opposed the construction of the new deck and converting windows to full length folding doors onto the deck. He said the deck would be intrusive to his upstairs bedroom and he explained.
Susan St. Clair, appellant, discussed the need to receive a fair and unbiased decision regarding the proposed project. Carl St. Clair, appellant, voiced his concerns about the turmoil this project had placed on both his household and the neighborhood, and he explained.
John Vella, owner at 703 Balboa Avenue, discussed his issues with the unpermitted work and the applicant's lack of communication with the neighbors.
Mayor Pro Tem Sue Kempf asked Vella if he had a specific issue with the project. John Vella described his concerns about the proposed tandem parking space and blocking the sidewalk.
Testimony in Opposition to the Appeal: Larry Nokes, attorney representing the applicants, stated that although unpermitted work had been conducted, the applicants ended up going through the proper design review procedures. He said that the current project had received a 4 to 1 approval vote because the design review criteria had been met by the applicants.
Jason Liauw, owner at 739 Marlin Drive, Ted Fern, owner at 675 Balboa Avenue, Kurt Warner, owner at 715 Marlin Drive, Mick Donoff, owner at 769 Balboa Avenue, and Donna Wilczek, owner at 724 Davis Way, explained the reasons they supported the proposed project.
Christine Dodge, homeowner and applicant, discussed issues raised by the appellant including lighting and unpermitted work. She stated that they had made the appropriate corrections and submitted plans approved by the DRB. Dodge asked the City Council to deny the appeal and allow the project to move forward. William Dodge, homeowner and applicant, commented that since the unpermitted work had been discovered, they had worked with the City to ensure transparency and compliance while renovating their home. He said they followed protocol and had submitted plans that had been approved by the DRB whereby concessions had been made.
-13-
Laguna Beach City Council Minutes March 21, 2023
Steve Kawaratani, representing the applicant, stated that the DRB reviewed the evidence and their approval was thoughtful, justified, and correct. He commented that he did not find where the appellant had demonstrated or provided substantial evidence to overturn or modify the DRB approval.
Councilmember Alex Rounaghi asked how the DRB made the findings for parking access.
Steve Kawaratani, representing the applicant, explained that the DRB relied on the staff report, which made no mention that there was an issue with the tandem parking access because this is a single-loaded street that does not impede upon another home's driveway and there is plenty of parking on the street.
Louis Weil, Design Review Board Member, defended the City Manager and himself against the statements made by the appellant. He stated that he made a fair evaluation of the project.
Rebuttal: Chuck Krollkowksi, attorney for the appellant, said the DRB did not make the findings for the parking access and he described. He stated that the proposed replacement windows were not reasonable.
Questions of Staff: Councilmember Alex Rounaghi asked about access and parking findings. Director of Community Development Marc Wiener commented that in the DRB staff report there had been an analysis of the access. He mentioned that the applicant was required to add a parking space because of the extra square footage of the project. Wiener commented that if the City Council had an issue with the tandem parking space, it could be remanded to the DRB to obtain a variance, and he described how they could make the findings.
Councilmember Comments: Councilmember Mark Orgill voiced his concerns that the tandem parking space was a "work around" and it would not be utilized as a parking space.
He said he had a problem with obstructing the sidewalk.
Councilmember George Weiss said he agreed with Councilmember Orgill and he was disturbed by the appellant's testimony that there had been a DRB bias. He stated that he would be voting to uphold the appeal.
Councilmember Mark Orgill asked why the work was allowed to be continued after the stop work order had been issued. Director of Community Development Marc Wiener stated that the work had stopped for approximately eight months and the applicants had been directed by staff to conduct exploratory interior demolition. He said that corrections had been made, and once the plans were satisfactory for the interior renovation, the building permits were issued. Wiener said the applicants were directed to the DRB for the exterior modifications where the plans were approved.
Councilmember Mark Orgill commented that he did not agree with the handling of the project.
-14-
Laguna Beach City Council Minutes March 21, 2023
Mayor Pro Tem Sue Kempf asked about how the applicant had remedied the appellant's privacy concerns as it pertained to the proposed windows. She commented that she agreed with the Councilmembers that the proposed tandem parking space design did not work at this location.
Mayor Bob Whalen asked about the added square footage that required the tandem parking space.
Project Planner Garrett Wank presented the City Council with additional parking options, including designing space within the garage for the additional parking space, making it a three-car garage. Steve Kawaratani, representing the applicant, commented that there would not be sufficient space in the garage for tandem parking. He suggested conducting a study by a traffic and parking engineer to explain the access to the proposed tandem parking space.
Councilmember George Weiss said the tandem parking space was only one issue and he raised concerns about the proposed windows. Steve Kawaratani, representing the appellant, stated that the applicants would be increasing glazing on the windows. He added that the applicant could investigate expanding the garage to accommodate a third vehicle.
Councilmember Alex Rounaghi stated that he would have an issue with remanding the entire project to the DRB based on one portion. He asked about the ruling options for the City Council.
Mayor Bob Whalen commented that the City Council could deny the appeal and apply more restrictive conditions on the project then were adopted by the DRB. He added that those modifications would need to be heard again by the City Council.
Director of Community Development Marc Wiener demonstrated where DRB had stated that they had evaluated the access with a staff analysis in the report and had adopted the resolution that was consistent with the design review criteria.
Councilmember Mark Orgill reiterated his concern that the applicant had chosen this parking option to circumvent obtaining a variance. Steve Kawaratani, representing the appellant, responded that the applicant had not circumvented a variance, but rather, they had submitted these plans to staff for review, and the plans had been accepted as being compliant with the municipal code. He said the applicant was meeting the intent of the code.
Councilmember Mark Orgill stated that he would deny the project based on the sidewalk obstruction by the proposed tandem parking space.
Councilmember Alex Rounaghi asked the City Attorney if the access verbiage highlighted in the DRB resolution addressed the access findings issue. City Attorney Phil Kohn responded that there were two related issues; one, was the finding made, and on the face of the resolution, then yes. He said the second issue was whether there was sufficient evidence in the record to support that finding, and this would need to be determined by the City Council.
-15-
Laguna Beach City Council Minutes March 21, 2023
Mayor Bob Whalen suggested giving direction to the applicants and then returning to the City Council with those revisions for further consideration.
A lengthy discussion regarding modifications to the proposed plans ensued.
Moved by Mayor Bob Whalen, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to continue the appeal hearing for Design Review 22-2114, Variance 22- 2115, and CEQA Categorical Exemption at 705 Marlin Drive, with direction that the applicant return to the Council at a future Council meeting, providing details on the 6-foot- high solid, non-reflective privacy wall to be erected on the south-facing side of the proposed deck off the master bedroom, a sample of the 90% Visible Transmittance film to be applied to all windows, and revised plans showing the windows sills on the south-facing wall of the second-floor master bedroom raised back up to the original height and the garage remaining in its original footprint.
ADJOURNMENT
****************
There being no further business, Mayor Whalen at 11:36 p.m.., Tuesday, March 21, 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, April 4, 2023, at City Hall, 505 Forest Avenue, Laguna Beach California. ****************
Approved: April 4, 2023
Pallah
Bob Whalen, Mayor
-16-
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 21, 2023
****************
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 21, 2023, in the City Council Chambers, 505 Forest Avenue, Laguna Beach, California.
***************
PRESENT COUNCILMEMBERS: Orgill, Weiss, Kempf, Whalen
PARTICIPATING REMOTELY: Rounaghi
ABSENT: COUNCILMEMBERS: None
ADJOURNMENT
***************
There being no further business, Mayor Whalen at 11:36 p.m., Tuesday, March 21, 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, April 4, 2023, 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 22^d day of March 2023.
CUUKa
NCORPORATE City Clerk of the City of Laguna Beach California JUNE 29. 1921
GE COUNTY O
CALIF
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, March 21, 2023, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on March 22, 2023, at the hour of 9:35 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.
CuMK
City Clerk of the City of Laguna Beach, California