Laguna Beach City Council Minutes April 4, 2023
MINUTES
LAGUNA BEACH CITY COUNCIL
REGULAR HYBRID VIRTUAL/IN-PERSON MEETING
April 4, 2023
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, April 4, 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
Councilmember Mark Orgill led the Pledge of Allegiance.
CLOSED SESSION
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Conference with Legal Counsel Regarding Anticipated Litigation (pursuant to Government Code section 54956.9(d)(2)) - two items: significant exposure to litigation against the City based on (1) written threat of litigation by Patricia Sweeney against the City and the City Manager regarding alleged defamatory statement; and (2) verbal complaint alleging conduct of Councilmember George Weiss constituting harassment and creating hostile work environment.
City Attorney Phil Kohn reported that in this evening's Closed Session, the City Council voted unanimously to retain independent counsel regarding the item related to significant exposure to litigation against the City and the City Manager, and voted 4/0 (with Councilmember George Weiss recused under protest) to retain independent counsel and investigator regarding the item related to the complaint alleging conduct of Councilmember George Weiss constituting harassment and creating a hostile work environment.
EXTRAORDINARY BUSINESS
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PROCLAMATION RECOGNIZING APRIL 2023 AS DONATE LIFE MONTH Adopted the Proclamation recognizing April 2023 as Donate Life Month. -1-
Laguna Beach City Council Minutes April 4, 2023
PUBLIC COMMUNICATIONS
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Ganka Brown provided her views of Village Laguna.
Mark Puente suggested a plaque alternative that notes the history of the gay community instead of the planned Pride tower on West Street Beach. Ron Marshall expressed his support of this idea.
Anne Caenn, Johanna Felder, Meg Monahan, and Charlotte Masarik expressed concerns regarding rumors that Laguna Beach Mission Hospital is closing, noting the hospital's history as a community venture.
Michele Monda commented that the requested body cam footage has not been released in the two weeks since the Council's direction to do so, and she reiterated her request for the related billing.
Michele Monda, Nancee Swensson, and MJ Abraham reiterated their demands related to what they assert were unfounded allegations made against them by City Manager Shoreh Dupuis.
Gary Kasik, Steve Brown, Steve Mcintosh, and Susan Elliott spoke in opposition to the Laguna Beach Unified School District's proposed improvements.
Pat Gallis requested status updates on the CEQA-related lawsuits filed against the City.
Ann Christoph expressed frustration with her perception of a lack of adherence to the City's adopted Landscape and Scenic Highways Element.
John Thomas asked if contract length terms were included in the Request for Proposals for contract City Attorney services. He also commented that the hospital must be a top priority.
Adam Redding-Kaufmann expressed his concerns regarding the boulders the City recently had placed on Pearl Street Beach, and was surprised when advised by Councilmember George Weiss that it occurred without City Council approval.
COUNCIL AND STAFF REPORTS
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Regarding the hospital, City Manager Shoreh Dupuis advised that the Executive Director has indicated that there are no immediate plans, and has assured the City that the hospital will provide a presentation at a future Council meeting regarding the hospital's long-term plans.
Regarding the Request for Proposals (RFP) for contract City Attorney services, City Manager Shoreh Dupuis advised that contract terms are not in the RFP, but rather would be part of the Council's negotiations of the new contract.
Regarding the Laguna Beach Unified School District's future plans, City Manager Shoreh Dupuis advised that there will be a joint City Council and School District meeting on June 6. -2-
Laguna Beach City Council Minutes April 4, 2023
Regarding the boulders placed at the Pearl Street beach access, City Manager Shoreh Dupuis advised that the Coastal Commission approved an emergency Coastal Development Permit. She advised that the City worked with a geologist to ensure that the boulders will not interfere with the natural gathering of sand.
Regarding Ann Christoph's concerns, City Manager Shoreh Dupuis advised that she will review the email and have staff follow up as appropriate.
Councilmember George Weiss congratulated the Laguna Beach Football Club on its win of the State Club Championship. Regarding the tree issue, Councilmember Weiss questioned the two-day timeframe to oppose, when the determination was made on a Friday, and stated that he would like to appeal the decision if possible. Councilmember Weiss also commented that the pedestrian lights were not working at the Mountain Street intersection and requested that Public Works investigate the issue. Councilmember George Weiss thanked the Police Chief for his presentation at the last Council meeting, and requested additional data that includes traffic citations and hit & run incidents for the last four years to see the trends. Councilmember Weiss also requested that the allegations made by the St. Clairs at the last Council meeting be investigated.
Councilmember Mark Orgill thanked No Square Theater for 30 years of entertainment.
Councilmember Alex Rounaghi noted the recent gun violence incident that occurred in Tennessee and requested a report regarding the use of SROs (School Resource Officers) at all Laguna Beach school sites. Councilmember Rounaghi reported on his recent meeting with the Rotary Club, and he commented on the importance of the hospital.
Regarding the hospital, Mayor Pro Tem Sue Kempf surmised that the recent closure of the lab is likely at the root cause of the rumors and concerns. Mayor Pro Tem Kempf reported on upcoming Arts Commission projects, such as a 90-foot mural to be installed at the Peppertree lot, an 8-foot mesh temporary art sculpture outside City Hall this summer, the return of Band on the Bus on April 15, and the Arts Commission's partnership with the School District on its new student mural program.
Regarding the hospital, Mayor Bob Whalen stated that the hospital has assured the City that they will be transparent, and advised that it would cost $300 million to renovate the hospital tower to bring it up to building code requirements, which the hospital will not do. Mayor Whalen requested that the SRO topic be added to the agenda for the joint meeting with the School District. Mayor Whalen also committed to meeting with Mark Puente regarding his concerns related to the pride tower, and Mayor Whalen stated that Marine Safety Chief Kevin Snow will provide an update on the status of the South Laguna beaches at the South Laguna Civic Association's next meeting.
City Attorney Phil Kohn advised that there are no new updates on the CEQA-related lawsuits. -3-
Laguna Beach City Council Minutes April 4, 2023
CONSENT CALENDAR
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Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to approve items 1 and 3-7.
2. MINUTES OF THE CITY COUNCIL MEETING
Public Testimony: Jacob Cherub voiced concerns about the process of the removal of Agenda Item No. 6 from the agenda at the prior meeting. He requested that those that spoke on the item be reflected in the minutes.
City Clerk Ann Marie McKay addressed Mr. Cherub's comments, stating that the minutes are a record of the City Council's action and there had been no action taken on that item. She idded that as the City Clerk, she recommended action minutes for City Council meetings 'ather than summary minutes, which would eliminate the need for these debates Moved by Councilmember Alex Rounaghi, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to approve the Minutes of the Regular Meeting of the City Council of March 21, 2023.
WARRANT LISTING
Approved the General Warrants and payroll disbursements.
Warrants: $2,547,486.13 03/17/2023
Payroll #19 $1,479,084.12 03/24/2023
Total $4.026.570.25
4. CLAIMS AGAINST THE CITY
(1) Rejected claim #22-28 filed by Ralph Vanderlinde;
(2) Rejected claim #23-06 filed by Catherina Isaacs & Estate of Stanley Jonathan Isaacs; and (3) Rejected claim #23-08 filed by Oscar Merino.
PURCHASE OF REPLACEMENT FIRE DEPARTMENT SELF CONTAINED
BREATHING APPARATUS UNITS AND RELATED EQUIPMENT
Authorized the City Manager to purchase 45 replacement Self Contained Breathing Apparatus units and related equipment from AllStar Fire Equipment, for an amount not-to- exceed $578,000.
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Laguna Beach City Council Minutes April 4, 2023
REJECT ALL BIDS FOR FIRE STATION 1 RESTROOM RENOVATIONS Rejected all bids for the Fire Station 1 Restroom Renovations and directed staff to re-bid the project.
AWARD OF CONSTRUCTION CONTRACT FOR MOULTON MEADOWS DOG PLAY AREA
(1) Awarded and authorized the City Manager to execute contract #23-20 with Jon Gilmer Construction, in the amount of $213,036, for the Moulton Meadows Dog Play Area 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 $21,000.
REGULAR ORDER
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[Agenda Item No. 9 was heard at this time, before Agenda Item No. 8.]
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
Staff Report: Director of Community Development Marc Wiener gave a presentation explaining the ordinance amending portions of the municipal code related to oceanfront development and major remodels. Principal Planner Anthony Viera discussed the procedures of the Bluff Overlay District, and the revisions to the proposed ordinance amendments.
Walt Crampton, City Engineer with ENGEO/TerraCosta consulting, continued the presentation, describing the study conducted by his firm for the City. He stated that City staff had developed a land-use policy to redefine blufftop criteria to be consistent with extensive studies conducted by consultants on behalf of Laguna Beach and its unique geology, while accommodating the California Coastal Commission's (CCC) standards.
Principal Planner Anthony Viera concluded the presentation highlighting the proposed amendment that would require the type of projects within environmentally sensitive areas to perform an Initial Study pursuant to the California Environmental Quality Act (CEQA), along with the preparation of other technological reports. -5-
Laguna Beach City Council Minutes April 4, 2023
Director of Community Development Marc Wiener added that staff had been working closely with the CCC for the past 2½ years, and CCC staff had provided a great deal of input concerning this ordinance. He continued that at this point, the CCC was waiting on the City to submit it as a Local Coastal Program (LCP) amendment before the CCC could continue to evaluate the ordinance. Weiner clarified that this would be the first step with the CCC, and should the City Council approve the amendments tonight, it likely would be back again with modifications made by the CCC.
Questions of Staff: Councilmember Mark Orgill confirmed with staff that the proposed sea cliff setback definition was 20 feet or higher. He asked how property remodels lower than 20 feet were treated. Principal Planner Anthony Viera described the Bluff Overlay District process and sea cliff setbacks. A discussion ensued.
Councilmember George Weiss played a video displaying Laguna Beach's coastline properties. He stated that this proposed ordinance compromised the CCC's goal of preserving the coastal bluffs and the views of the coastal bluffs. Councilmember Weiss voiced concerns about there not being enough data to understand the cumulative impact of this proposed ordinance. He suggested developing a map that indicated the eligible lots and which properties would benefit from the proposed ordinance. Councilmember Weiss stated that there was value in this ordinance for streamlining the remodeling process for older homes; however, he said he did not support the expansion of properties as defined in the proposed ordinance because it was too discretionary.
Councilmember Alex Rounaghi commented that this was a complex issue and complex ordinance that required public debate. He confirmed with the consultant that the ENGEO/TerraCosta's study holistically addressed the rising of sea levels and its impact on the rate of erosion along the Laguna coastline, and that even with the worst-case scenario of rising sea levels, the conclusions in the study supported the amendments in the ordinance.
Councilmember Rounaghi asked about how the ordinance considered seawalls. Principal Planner Anthony Viera responded that in order for properties to participate in the Bluff Overlay District, they could not benefit from shoreline protection.
Public Testimony: Tom Osborne stated that although he was in favor of protecting existing properties on the bluff, he opposed the measure as proposed because of the potential environmental consequences. He suggested conducting a CEQA Initial Study to determine the environmental impact of the proposed ordinance.
Mark Fudge discussed the need for a CEQA Initial Study. He stated that the process should be more quantitative for property owners and the public. Fudge added that the ordinance required more time to work out these issues.
Sharon Fudge stated that the proposed ordinance took the City in all of the wrong directions, and she explained
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Laguna Beach City Council Minutes April 4, 2023
Councilmember George Weiss asked Sharon Fudge about ESHA (Environmentally Sensitive Habitat Areas), and Sharon Fudge described ESHA.
Ginger Osborne described the erosion of Laguna's blufftops, climate change, and the rising of sea levels. She said a thorough environmental study was necessary.
Denise Erkeneff, Surfrider Foundation, stated that they strongly opposed the proposed amendments, and she explained.
Councilmember George Weiss asked staff if they agreed with the Surfrider Foundation's comment that the definition of existing development and major remodel could greatly expand coastal armoring. Principal Planner Anthony Viera responded that staff disagreed with the statement, and he explained.
Denise Erkeneff, Surfrider Foundation, commented that the proposed approach was flawed, and more analysis was required.
Ron Marshall stated that it was important to ensure everything was very clear to property owners.
Steve Kaufmann, attorney, commented that he had dealt firsthand with the problems that City staff properly explained in dealing with the bluff edge and the Land Use Element definitions. He said he supported the draft ordinance, and he explained.
Marshall Ininns stated that there was nothing in the proposed ordinance that limited or loosened the required technological reports for a project. He said he supported this ordinance, and he described.
Mark Puente said the process to replace an exact replica of his roof on his beachfront home was lengthy and stringent. He said he agreed that more time should be taken to identify which properties were affected by this draft ordinance.
Mayor Bob Whalen confirmed with staff that the new ordinance allowed minor projects or repairs to not opt into the Bluff Overlay District; however, he clarified that they would still be subject to appeal to the CCC.
Don Sheridan stated that the draft ordinance was well-crafted. He commented that staff recognized the unique character of the Laguna Beach oceanfront homes when they prepared the amendments.
Johanna Felder said there were many problems with the draft ordinance, and she listed her suggestions.
Bryan Menne commented on two current City-approved blufftop major remodel projects that were problematic. He voiced concerns that the draft ordinance had been written to allow these two projects to be developed.
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Laguna Beach City Council Minutes April 4, 2023
Gene Felder suggested staff organize a public workshop to gather the community's input. He said demolition of oceanfront homes should be discouraged and encourage the maintenance of homes.
Mike Gray said he supported moving forward with the draft ordinance because the current process empowered neighbors and hurt property owners.
A member of the public said he supported the draft ordinance and he explained.
Norm Grossman described his concerns with the draft ordinance.
Mayor Bob Whalen asked about the new land-use language proposed by staff. Norm Grossman voiced his concerns with the proposed land-use language and he offered his suggestions.
Mayor Bob Whalen asked Mr. Grossman how he viewed the major remodel portion of the ordinance. Norm Grossman noted the importance of making the Code more understandable to the public, so they know what rules were in place and what were the constraints of a project.
City Attorney Phil Kohn responded to the public's comments referencing the General Plan, CEQA and an Initial Study, and he explained.
Jacob Cherub said he supported deferring the ordinance and conducting a public workshop to garner more information.
Hoiyin Ip stated that the root cause of this issue was climate change, and she offered a suggestion.
Karen Martin said she was concerned about the categorically exempt projects within environmentally sensitive areas and listed her suggestions. She added that she supported approving the ordinance amendments and mapping the properties.
Mike Beanan spoke on the importance of limiting development along the coastline, and he urged the City Council to support a CEQA Initial Study be conducted.
Cathy Jurca stated that the Coastal Act protected the coast because it is an extraordinary public resource that belongs to everyone and should not be radically developed. She discussed the importance of CEQA Initial Studies, and she encouraged the City Council not to approve the ordinance.
Louis Weil said there needed to be clear documentation that was more closely aligned with the CCC so repairs could be made to existing structures. He added that he would support approval of the draft ordinance and sending it to the CCC for their comments. -8-
Laguna Beach City Council Minutes April 4, 2023
Tony Fisch stated that this was a much-needed ordinance and there should not be a rush to push it through. He commented that more studies should be conducted.
Caren Liuzzi urged the City Council to perform a CEQA Initial Study to show CCC that the City was prepared and willing to work with them.
Director of Community Development Marc Wiener responded to the public's comments and concerns. He stated that the amendments were primarily about the ability to maintain and upkeep oceanfront homes and he explained
Questions of Staff: Mayor Bob Whalen asked if staff knew how the CCC would define a blufftop edge for Laguna Beach's coastal lots. Director of Community Development Marc .
Wiener stated that staff would review projects on a case-by-case basis.
Councilmember George Weiss confirmed with staff that they could return to the City Council with a map that highlighted the number of homes and commercial properties that could be eligible to participate in the Bluff Overlay District. Director of Community Development Marc Wiener stated that several studies and staff evaluations would be required to be conducted to make the determination as to whether a property could be included in the Bluff Overlay District. A discussion ensued.
Mayor Bob Whalen stated that his main concern was not facilitating development closer to the ocean yet allowing existing structures to conduct much-needed maintenance.
Director of Community Development Marc Wiener responded stating that a provision could be included that did not allow for a structure to go closer seaward than the current footprint of the residence. He said the 25-foot sea cliff setback could be refined as well.
Mayor Pro Tem Sue Kempf said she agreed with Mayor Whalen, and she did not feel a mapping of the homes was necessary. She commented that the City would not want deteriorating homes along the coastline and that as long as they were not being rebuilt closer to the ocean, she could support the draft ordinance.
Councilmember Mark Orgill asked about the 25-foot sea cliff setback and the properties eligible to participate in the Bluff Overlay District. Principal Planner Anthony Viera stated that the properties that were automatically disqualified were sites that were erosion-prone and properties protected with shoreline protective devices. He explained the 25-foot sea cliff setback definition.
Councilmember George Weiss asked if a CEQA Initial Study should be conducted prior to approving the draft ordinance.
Director of Community Development Marc Wiener answered stating that staff determined that an exemption would be applicable because the amendments were a refinement to the setback regulations and would bolster the current standards. -9-
Laguna Beach City Council Minutes April 4, 2023
Councilmember George Weiss commented that because of the complexity, he would like to see a CEQA Initial Study conducted prior to passing the ordinance.
Councilmember Mark Orgill asked about seawall and armoring seawall definitions. Principal Planner Anthony Viera responded that a seawall was a type of protective device, including all manmade elements.
Councilmember Alex Rounaghi commented that the protection of the scenic coastline is of the upmost importance. He said the primary purpose of this draft ordinance was to correct any issues with the bluff edge definition, which offered flexibility, but no standards Rounaghi stated that he agreed with Mayor Whalen's comments, and he asked about the impacts, timeline, and the funding of conducting a CEQA Initial Study.
Director of Community Development Marc Wiener explained the costs and process of performing an Initial Study.
Mayor Bob Whalen stated that so much time had already been taken, and he would be fine with taking more time with an Initial Study. He said he did not think the City was obligated to perform one; however, he stated that he did not see a downside.
City Manager Shoreh Dupuis said there was no funding in place for the Initial Study, and therefore, the first action would be to appropriate funding and retain a consulting firm.
Moved by Mayor Bob Whalen, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to direct staff for bring an item to the Council for approval to award a contract and appropriate funds to conduct an Initial Study on the proposed 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, with revisions to prohibit development seaward.
[Agenda Item #9 was heard before Agenda Item No. 8]
ARTIST HOUSING AND WORKSPACE UNITS (COUNCILMEMBERS ORGILL AND
ROUNAGHI)
Councilmember Mark Orgill stated that this item was before the City Council so that action could be taken to research different artist housing and workspace opportunities in Laguna Beach.
Councilmember Alex Rounaghi discussed the importance of preserving Laguna Beach's artist community through affordable housing. He suggested investigating public-private partnerships for affordable housing developments through a subcommittee with himself, Councilmember Orgill, and staff. Councilmember Rounaghi stated that they would return to the City Council in 60 days with a specific solution.
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Laguna Beach City Council Minutes April 4, 2023
Councilmember George Weiss commented that he supported affordable housing and moving forward with solutions. He discussed affordable housing funding options.
Public Testimony: Gene Felder stated that he was in support of the recommended action.
He suggested that prior documents and reports be reviewed and honored by the proposed subcommittee, and he discussed.
Jorg Dubin commented on the need to offer affordable spaces for artists to work and live so that Laguna Beach's cultural heritage could be preserved.
Jacob Cherub said he fully supported this item and that artists were part of the foundation of Laguna Beach. He stated that is important keep in mind how prior projects had failed at this attempt to create work/live space for artists.
Tom Lamb commented that as an artist with a studio in Laguna Beach, he supported this proactive approach to address artist work/live opportunities, and he would be happy to assist on a subcommittee.
Mark O'Connor encouraged the City to take action to support the arts in Laguna Beach.
Karen Martin thanked the City Council for bringing this matter forward. She asked that the studies be linked to a program or implementation measure within the Housing Element of the City's General Plan.
Tony Fisch thanked Councilmembers Orgill and Rounaghi for bringing this item forward.
He suggested developing co-op programs between local artists and local galleries.
Penny Milne, CANDO, said she supported the artists in the community, and she encouraged adaptive reuse of buildings, rather than new developments for work/live housing. She suggested working with Artspace consultants who had previously surveyed the needs of artists in Laguna Beach. Milne stated that she agreed with Mr. Felder, and it was important to review studies that had already been conducted.
Ed Steinfeld applauded the City Council for raising this issue and he said it was a great opportunity to support the creative community in Laguna Beach.
Billy Fried commented that he appreciated the City Council for bringing this item forward for discussion because affordability was a critical issue for local artists. He suggested creating incentives for residents to build and rent Accessory Dwelling Units (ADUs) to artists.
Councilmember Comments: Mayor Pro Tem Sue Kempf said she fully supported the artists in the community and that work/live housing options required a thoughtful process from the City, and she explained.
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Councilmember Mark Orgill stated it was important to explore all options to come up with tangible solutions. He said he intended to review previous studies, move them forward, and develop strategies to create solutions. Councilmember Orgill added that there could be possibilities to work with private endeavors.
Councilmember George Weiss stated it is important to build support for this effort.
Councilmember Alex Rounaghi commented that artists are an asset to Laguna Beach, and it is important for the City to be involved. He said it is vital to look at all options and reference reports' recommended actions that had already been commissioned. Councilmember Rounaghi stated it is crucial to take action now.
Mayor Bob Whalen stressed the importance of taking a broader approach to the issue. He discussed areas raised by the public including looking into previous studies, exploring the existing housing stock, and bringing nonconforming uses into conforming spaces. Mayor Whalen stated that it would be vital to ascertain the wants of the artists. He commented that he supported the item, and he would move the recommended action.
Councilmember George Weiss discussed the obligation of the City to lead in this endeavor and he supported the efforts.
Moved by Mayor Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to appoint Councilmembers Mark Orgill and Alex Rounaghi to a subcommittee to participate with staff in developing strategies for artist housing and workspace units, including public-private partnerships, and report back to the Council. [Appeal A was heard after Item No. 8]
PUBLIC HEARING FOR APPEALS
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APPEALS OF APPROVAL OF DESIGN REVIEW 22-2248, COASTAL
DEVELOPMENT PERMIT 22-2254, REVOCABLE ENCROACHMENT PERMIT 22- 2255, AND CALIFORNIA ENVIRONMENTAL QUALITY ACT. CATEGORICAL EXEMPTION AT 966 COAST VIEW DRIVE
Staff Report: Principal Planner Wendy Jung gave a presentation discussing the three appeals to the Design Review Board (DRB)'s conditioned approval to construct a new 3,593 square-foot single-family dwelling and attached 529 square-foot garage at 966 Coast View Drive.
Question of Staff: Councilmember Alex Rounaghi confirmed with the City Attorney that the standard of review for the design review criteria would be substantial evidence for abuse of discretion, and the Coastal Development Permit (CDP) and the CEQA issues would adhere to the de novo standard of review.
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Laguna Beach City Council Minutes April 4, 2023
Testimony in Support of the Appeal: Sally Lombardo, property owner at 955 Canyon View Drive and appellant, commented that there had been a rush to approve the project by the DRB and the DRB did not address the concerns outlined in her appeal, and she explained.
Justin Drucker read a statement on behalf of Virginia Trujillo, property owner at 974 Coast View Drive and appellant, that listed her reasons for appealing the DRB's approval of the project.
Melinda Luthin, attorney representing appellant Serge Doroshin, stated that the DRB abused their discretion with the approval of the project, and she described.
Lou Novak was in support of the three appeals.
Testimony in Opposition to the Appeal: Paul O'Connor, applicant and property owner at 966 Coast View Drive, stated that the four to one DRB vote to approve the project was reasonable, valıd, and not an abuse of discretion. He addressed the appellants' bases for the appeals, and he urged the City Council to deny all three appeals.
Morris Skenderian, architecture for the project, reminded the City Council that the project had no variances, no ocean view obstructions, and had been approved 4 to 1 by the DRB. He stated that additional modifications had been made to the design to accommodate neighbors and he described. Skenderian discussed the number of days the story poles had stood outlining the project for the public to view.
Mayor Bob Whalen voiced concerns about the fencing and setbacks to the neighbors. Morris Skenderian, architecture for the project clarified the fencing and setbacks on the property, and a discussion ensued.
Sue Ellen O'Connor, applicant and homeowner, stated that they embarked on the project with neighborhood compatibility in mind and that their architect's goal was to design a home that worked for the neighbors.
Rebuttal: Melinda Luthin, attorney representing appellant Serge Doroshin, Sally Lombardo, appellant, and Virginia Trujillo, appellant, responded to the applicant's comments.
Mayor Bob Whalen asked about the proposed encroachments. Principal Planner Wendy Jung walked the City Council through the proposed Revocable Encroachment Permit for the property, and a discussion took place.
Director of Community Development Marc Wiener responded to a public comment, clarifying that the property only had one designation, the Very High Fire Hazard Severity Zone, which applied to approximately 85% of Laguna Beach residences. -13-
Laguna Beach City Council Minutes April 4, 2023
Councilmember Comments: Councilmember Alex Rounaghi stated that he did not find any evidence to support the appeals against the CDP and the categorical exemption for CEQA.
Mayor Bob Whalen commented that there was substantial evidence in the DRB report to support the determination and he said he did not see an abuse of discretion. He stated that this was the second hearing where issues had been raised regarding comments made by the DRB, and he suggested retraining DRB members for site visits.
Councilmember Alex Rounaghi said he agreed with Mayor Whalen to deny the appeals, and he discussed the importance of fairness throughout the design review process.
Mayor Pro Tem Sue Kempf said she concurred with Councilmember Rounaghi. She added that she appreciated the measures the architect took to work with neighbors.
Councilmember Mark Orgill said he agreed with his fellow Councilmembers and the issue with the DRB required follow up.
Councilmember George Weiss voiced concerns.
Moved by Mayor Bob Whalen, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to deny the appeals and sustain the Design Review Board's approval of Design Review 22-2248, Coastal Development Permit 22-2254, Revocable Encroachment Permit 22-2255, and a California Environmental Quality Act Categorical Exemption at 966 Coast View Drive.
ADJOURNMENT
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There being no further business, Mayor Whalen at 11:12 p.m.., Tuesday, April 4, 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 18, 2023, at City Hall, 505 Forest Avenue, Laguna Beach California. жж**************
Approved: April 18, 2023 Brothal
Bob Whalen, Mayor
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NOTICE OF ADJOURNMENT OF CITY COUNCIL MEETING
(GOVERNMENT CODE SECTION 54995
EXCERPT OF THE MINUTES OF THE
HYBRID VIRTUAL/IN-PERSON REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH
April 4, 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, April 4, 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 11:12 p.m., Tuesday, April 4, 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 18, 2023, at City Hall, 505 Forest Avenue, Laguna Beach, California.
STATE OF CALIFORNIA
3 ss.
COUNTY OF ORANGE
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 5"' day of April 2023.
OF AGUNA BEACHE
NGORPORATES
City Clerk of the City of Lazuna Beach catioria
YUNE 29.192
CERTIFICATE OF POSTING
NOTICE OF ADJOURNMENT
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1, Ann Marie McKay, City Clerk of the City of Laguna Beach, California, DO CERTIFY that at the hybrid virtual/in-person Regular Meeting of the City Council held on Tuesday, April 4, 2023, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on April 5, 2023, at the hour of 11:05 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.
CuuK
City Clerk of the City of Laguna Beach, California