Laguna Beach City Council Minutes April 18, 2023
MINUTES
LAGUNA BEACH CITY COUNCIL
REGULAR HYBRID VIRTUAL/IN-PERSON MEETING
April 18, 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 18, 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 Alex Rounaghi led the Pledge of Allegiance.
CLOSED SESSION
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Confer with Legal Counsel Regarding Existing Litigation (pursuant to Government Code section 54956.9(d)1)) - two items: workers' compensation claims for (1) Jennie [Claim No. 20-149887] and (2) Gilmore [Claim No. 21-158244].
City Attorney Phil Kohn reported that in this evening's Closed Session, the City Council voted unanimously to provide settlement authority regarding existing litigation related to workers' compensation claims for Jennie and Gilmore.
PRESENTATION
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Received report from Frank Marmolejo, Orange County Human Relations Council (OCHRC), about OCHRC's activities and services throughout the county, and specifically for Laguna Beach residents.
EXTRAORDINARY BUSINESS
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PROCLAMATION DECLARING APRIL 29. 2023, AS WORLD WISH DAY IN
LAGUNA BEACH
Adopted the Proclamation declaring April 29, 2023, as World Wish Day in the City of Laguna Beach.
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Laguna Beach City Council Minutes April 18, 2023
PUBLIC COMMUNICATIONS
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Ganka Brown reiterated her concerns regarding the native cucumber vine. She also noted that Village Laguna is having its Charm House tour once again. Brown also reiterated her questions regarding what she described as a 10-foot easement she stated was granted to former City Clerk Martha Anderson several years ago.
John Campbeli, Rotary Club, invited all the Councilmembers to attend this year's Grapes for Grads event on Sunday, April 30, the annual fundraiser event for scholarships to assist students who attend Laguna College of Art + Design (LCAD) and graduates of Laguna Beach High School (LBHS) who are headed to college.
Scott Sumner, Heritage Committee, announced the kickoff event for Heritage Month on May 4 at Finney's at the White House.
Emily Smith, Just Gather, provided suggestions to enhance the City's ADA compliance, specifically with a disability coordinator. Steve Dexter and Susan Dexter supported her suggestions. Michelle Highberg, Just Gather, added her support, and also announced Just Gather's May event at the Laguna Art Museum.
Emil Monda, Gene Felder, James Grossberg, Michele Monda, Claude Morgan, Tony Fisch, and MJ Abraham expounded on their concerns related to the City Manager's traffic citation.
Rick Jauregui expressed his appreciation of the Citizen's Academy and the Laguna Beach Police Department, and encouraged everyone to participate in a future Academy.
Juan Gonzalez, SoCalGas, noted that the price of natural gas has decreased by 80% since January's high, and he explained that SoCalGas adds no markup to the cost from what they pay. He also assured that SoCalGas is not disconnecting customers' service for lack of payment, but rather works with customers based on their financial and heating needs.
Amila Nissanka, Laguna Urgent Care, introduced the new center located at Broadway and Beach.
Gary Kasik and Steve Brown expressed their concerns related to the Laguna Beach Unified School District's (LBUSD) Facilities Master Plan, and suggested that the City have a liaison with LBUSD.
Chris Catsimanes noted various issues he has related to City Manager Shoreh Dupuis.
COUNCIL AND STAFF REPORTS
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City Clerk Ann Marie McKay announced that applications are currently being accepted for the June interviews and appointments for positions on the Planning Commission, Arts Commission, Emergency / Disaster Preparedness Committee, Housing & Human Services Committee, and Personnel Board. Incumbents must reapply if interested in being reappointed, and all applications must be received by the City Clerk's Office no later than 5:00 p.m. on Thursday, May 18; late submittals will not be accepted.
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Laguna Beach City Council Minutes April 18, 2023
City Treasurer Laura Parisi reported that she was on the advisory committee for the 2023 Local Agency Investment Guidelines published by the California Treasurer's Office, which is now available online, and thanked the Council for their support. She also recognized Tina & Warren Haines for receiving the Legacy Award at this year's Laguna Beach Seniors annual Legacy Ball fundraiser.
Regarding ADA compliance, City Manager Shoreh Dupuis advised that though the City does not have an employee whose only responsibility is as ADA coordinator, there are employees in several departments handling these responsibilities, and the City does provide all required services.
Regarding issues raised with mental health services specifically, Dupuis noted Agenda Item #5 on tonight's agenda to contract with Be Well OC.
Regarding the Laguna Beach Unified School District (LBUSD), City Manager Shoreh Dupuis confirmed that the Council's joint meeting with the LBUSD is set for June 6, and all Parking, Traffic, & Circulation Committee and Recreation Committee meetings are open to the public.
Community Development Director Marc Wiener provided a demonstration of the EnerGov permit software public portal.
City Manager Shoreh Dupuis introduced the City's new Director of Finance & Technology Services, Julie Nemes.
City Manager Shoreh Dupuis noted that last week was National Dispatchers (Public Safety Communicators) Week, introducing Dispatcher Cassie Dove, who noted that Laguna Beach has the only dispatch unit that services Police, Fire, and Marine Safety, and she expressed her appreciation for departments' recognition last week for dispatchers' contributions to the community.
Councilmember George Weiss thanked Assemblymember Cottie Petrie-Norris for obtaining grant funding for the Be Well services. He then read the letter from Dr. Mammone's widow thanking the City for its support. Councilmember George Weiss thanked his fellow Councilmembers for the release of the body cam footage. Councilmember Weiss commented that he missed the State of the City due to illness, and suggested that the City have one for everyone, rather than just those able to attend the event cohosted with the Chamber. Councilmember Weiss also reported on the OC Waste & Recycling Authority presentation provided at the Environmental Sustainability Committee meeting.
Councilmember Mark Orgill reiterated the Heritage Month May program events. He also reported on Saturday's joint Town Hall with Assemblymember Diane Dixon and State Senator Janet Nguyen, noting that they recognized the library's 50-year anniversary. Councilmember Orgill also echoed concerns related to fentanyl.
Councilmember Alex Rounaghi also expressed appreciation for the joint town hall, and frustration that the proposed fentanyl legislation was tabled. He reported on his recent trip to Sacramento with Mayor Bob Whalen and City Manager Shoreh Dupuis, and expressed appreciation for Mayor Whalen's tenacity on the undergrounding issue. Councilmember Rounaghi requested that City renewal as a Human Relations Council dues member be added as an item for the upcoming budget workshop. He also thanked Smith for her memo of suggestions related to ADA compliance. -3-
Laguna Beach City Council Minutes April 18, 2023
Mayor Pro Tem Sue Kempf thanked Mayor Bob Whalen for the State of the City review he provided, City Manager Shoreh Dupuis' overview of future plans for the City, and the knowledgeable panel of Department Heads at the State of the City. Mayor Pro Tem Kempf reported that she, City Manager Shoreh Dupuis, and City staff met with Rivian, who is progressing with the renovation of the theater. Mayor Pro Tem Kempf also expressed appreciation for the joint Dixon/Nguyen Town Hall, and she thanked Mayor Bob Whalen, Councilmember Alex Rounaghi, and City Manager Shohreh Dupuis for going to Sacramento to advocate for Laguna Beach.
Mayor Bob Whalen thanked City Manager Shoreh Dupuis, Assistant to the City Manager Jeremy Frimond, and the Department Heads, for their assistance in a successful State of the City event. He also supported Councilmember Alex Rounaghi's suggestion to reengage with the Human Relations Council. Mayor Whalen also reported on the Sacramento trip, noting that there may be a new grant opportunity through the Caltrans PROTECT grant program.
CONSENT CALENDAR
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Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember Alex Rounaghi, and carried unanimously 5/0 to approve items 1 - 4
MINUTES OF THE CITY COUNCIL MEETING
Approved the revised Minutes of the Regular Meeting of the City Council of April 4, 2023.
WARRANT LISTING
Approved the General Warrants and payroll disbursements.
Warrants: $2,861,607.12 03/31/2023
$ 103.655.17 04/03/2023
$2,965,262.29
Payroll #20 $1,485,921.03 04/07/2023
Total $4,451,183.32
4. APPROVAL OF THE TRABUCO CANYON WATER DISTRICT WITHDRAWAL AND
CONTINUED SERVICES AGREEMENT MODIFYING THE SOUTH ORANGE
COUNTY WASTEWATER AUTHORITY JOINT POWERS AUTHORITY
AGREEMENT
(1) Approved Trabuco Canyon Water District's withdrawal from the South Orange County Wastewater Authority by directing the City's Board of Directors representative to vote in support of the agreement; and
(2) Authorized the City Manager, or designee, to execute related agreements. -4-
Laguna Beach City Council Minutes April 18, 2023
SERVICE PROVIDER AGREEMENT FOR MOBILE MENTAL HEALTH RESPONSE
PROGRAM AND MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF
ORANGE TO ACCEPT COMMUNITY DEVELOPMENT BLOCK GRANTS
Councilmember Alex Rounaghi pulled this item in order to receive a staff presentation.
Staff Report: Assistant to the City Manager Jeremy Frimond introduced Marshall Moncrief of Be Well OC to explain the mobile mental health response program.
Marshall Moncrief, CEO of Be Well OC, described his background and the Be Well OC mobile mental health response program. He said the program had been established to alleviate law enforcement of the burden of mental health, homelessness, and social services calls. Moncrief stated that 80% of the time Be Well OC is able to meet people's needs where they were and stabilize the situation.
Questions of the Staff: Mayor Bob Whalen asked about the other cities that are working with Be Well OC. Marshall Moncrief, CEO of Be Well OC, listed the cities in Orange County that have implemented the program.
Councilmember Mark Orgill asked about the mobile unit. Marshall Moncrief, CEO of Be Well OC, answered by stating that the van and team would be specifically allocated to Laguna Beach.
City Manager Shoreh Dupuis explained that the two-year pilot program for $2 million would be fully funded by the county and the state.
Councilmember George Weiss asked about the process of a call for Be Well OC's response.
Marshall Moncrief, CEO of Be Well OC, described the calls process for dispatching the Be Well OC team, and gave a few examples of calls in other cities.
Councilmember George Weiss asked about the cases that are not resolved by the mobile unit.
Marshall Moncrief, CEO of Be Well OC, said that in many instances it would be appropriate for cases to be managed by the facility in Orange, and those would be funded by the county and some commercial insurance companies.
Mayor Bob Whalen confirmed with staff that the contracted use of 12 hours per week of operation would be assessed by fire and police to determine the most efficient 12-hour time period. He asked about the ability to determine the program's accountability. Marshall Moncrief, CEO of Be Well OC, described the company's standard data dashboard and how individual cities' metrics were added to the dashboard to provide monthly reports to each city.
Mayor Pro Tem Sue Kempf asked how other cities funded this program. Marshall Moncrief, CEO of Be Well OC, described the various funding options that enabled cities to ensure the program would be sustainable.
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Assistant to the City Manager Jeremy Frimond stated that staff would return to the City Council in a year to report on long-term funding streams and the program in general.
Councilmember Alex Rounaghi confirmed with Moncrief that Be Well OC is investigating utilizing the county's Mental Health Services Act to fund the program.
Marshall Moncrief, CEO of Be Well, discussed the importance of finding additional state nd county resources to fund the program, but managing the service on a city level so it coul e tailored to the needs of that communit
Councilmember Mark Orgill asked about measuring cost benefits. Marshall Moncrief, CEO of Be Well OC, responded that they were just now able to gather that data, and he explained.
Public Testimony: Emily Smith asked about the process of credentialing and training the mobile unit team. A member of the public asked about the program's success rate for helping people move forward with their lives, and another member of the public said he supported the program and stated the importance of appointing a specific staff member with marshalling the program. Donna Wilczek commented on ensuring that the 12 hours of operation are fully utilized and Jacob Cherub asked about this program's impact on Mission Hospital in South Laguna.
Marshall Moncrief, CEO of Be Well OC, responded to the public's questions.
Questions of Staff: Councilmember George Weiss confirmed with Moncrief that the mobile team would be solely dedicated to Laguna Beach
Marshall Moncrief, CEO of Be Well OC, explained that the team went through an exhaustive background check, which disqualified some candidates in the process. He added that the hiring process produced qualified and committed individuals.
Councilmember George Weiss asked if the city is not satisfied with the program, could it be terminated prior to the two-year contract. Marshall Moncrief, CEO of Be Well OC, stated that Be Well OC is a program created to add value to the community. Moncrief said that if at any time this was not the case, then the agreement could be ended early.
Mayor Bob Whalen asked about the recidivism rate referring to the unhoused and the effectiveness of moving people off the street. Marshall Moncrief, CEO of Be Well OC, answered that the Be Well OC team would be able to take the time to build relationships with people that law enforcement was not afforded, with the hope that the homeless could be moved off the street to the Be Well OC campus to receive needed care.
Councilmember Comments: Councilmember Alex Rounaghi stated that this is a visionary program, and he was proud Laguna Beach would be partnering with Be Well OC. He discussed the keys to success; collaboration and finding a long-term funding strategy. -6-
Laguna Beach City Council Minutes April 18, 2023
Mayor Pro Tem Sue Kempf commented that she was pleased that the program was data driven and she explained
Mayor Bob Whalen said he was supportive of the program, and he agreed that finding long term funding would be important.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Authorize the City Manager to execute agreement #23-23 with Be Well Orange County to provide mobile mental health services to the community for Fiscal Years 2023-24 and 2024-25;
(2) Direct staff to return one year after implementation to report on the program's implementation and identify long-term funding opportunities; (3) Authorize the City Manager to execute a Memorandum of Understanding with the County of Orange to accept the following Community Development Block Grants:
a. CDBG-CV3 (CARES Act) grant for a total of $405,111 for mobile crisis intervention programming over Fiscal Years 2023-24 and 2024-25;
b. CDBG Emergency Services grant for a total of $140,326 for services at the Alternative Sleeping Location in Fiscal Year 2023-24; and (4) Appropriate $545,437 with a matching increase in estimated grant revenues.
SERVICE PROVIDER AGREEMENT FOR OCEAN LIFEGUARD SERVICES TO
THREE ARCH BAY ASSOCIATION
Public Testimony: Tom Addis explained why the service provider agreement was necessary for the safety and welfare of the residents of Three Arch Bay in South Laguna.
Moved by Councilmember George Weiss, seconded by Councilmember Alex Rounaghi, and carried unanimously 5/0 to:
(1) Authorize the City Manager to execute service agreement #23-24 with the Three Arch Bay Association to provide lifeguard services on Three Arch Bay Beach between May 27, 2023 and May 26, 2024, and receive an annual service fee of $134,000, plus a one- time payment of $46,500 for startup costs;
(2) Authorize the City Manager to extend the agreement for up to four additional one-year terms;
(3) Appropriate $69,000 in the General Fund for additional ocean lifeguard personnel services and equipment with a matching increase in revenue for contract services in Fiscal Year 2022-23;
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(4) Authorize the City Manager to purchase one Toyota 4-Runner, and convert the vehicle for emergency response for a cost not-to-exceed $89,000; and (5) Appropriate $89,000 from the Vehicle Replacement Fund for purchasing and outfitting a Toyota 4-Runner Marine Safety Vehicle, and increase contribution revenue by $44,500 to recognize the Three Arch Bay Association's contribution toward the purchase.
REGULAR ORDER
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7. PUBLIC HEARING REGARDING THE ANNUAL SIDEWALK AND INTERSECTION
VISIBILITY NUISANCE ABATEMENT PROGRAM
Staff Report: Deputy Director of Public Works Reza Jafari briefly outlined the staff report.
Mayor Bob Whalen opened the public hearing. Hearing no testimony, he closed the public hearing.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to direct the Director of Public Works & Utilities to abate all noticed nuisances established by Resolution No. 23.018, as listed in Attachment 2, if not removed by June 13, 2023. (Mayor Pro Tem Kempf abstained regarding Property 12 and Councilmember Weiss abstained regarding Property 55.)
PUBLIC HEARING FOR ANNUAL WEED ABATEMENT PROGRAM
Staff Report: Fire Marshall Robert Montaghami briefly outlined the staff report.
Mayor Bob Whalen opened the public hearing. Hearing no testimony, he closed the public hearing.
Moved by Councilmember Alex Rounaghi, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to direct the Fire Chief to abate all noticed nuisances established by Resolution No. 23.018, as listed in Attachment 2, if not removed by May 20, 2023. (Councilmember Orgill abstained regarding Property 182, Councilmember Weiss abstained regarding Properties 227, 229, 231 and 232, Councilmember Kempf abstained regarding Properties 345 and 347, Councilmember Rounaghi abstained regarding Properties 359, 360, and 361.)
CITY COUNCIL APPOINTMENT TO THE ORANGE COUNTY VECTOR CONTROL BOARD
Mayor Bob Whalen informed the City Council that Councilmember Alex Rounaghi would no longer be able to serve on this board because of a schedule conflict. -8-
Laguna Beach City Council Minutes April 18, 2023
Councilmember Alex Rounaghi informed the City Council that his day job required him to attend meetings that conflicted with the time of the Vector Control Board meetings, and therefore he would no longer be able to fulfill his responsibilities.
Moved by Councilmember George Weiss, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to appoint Councilmember Mark Orgill as the representative to the Orange County Vector Control District Board
10. APPOINTMENT OF CITY COUNCIL MEMBERS TO REVIEW FISCAL YEAR 2023- 24 COMMUNITY ASSISTANCE GRANT APPLICATIONS
Staff Report: Director of Transit and Community Services Michael Litschi briefly outlined the staff report.
Public Testimony: John Thomas suggested that staff develop clear criteria utilized to recommend recipients of the grant funds, and he explained.
City Attorney Phil Kohn informed the City Council that tonight's action would be limited to the selection of two City Councilmembers to review the grant applications, and if the City Council believed Mr. Thomas' comments warranted further discussion, a separate agenda item would need to be noticed for a future City Council meeting. A discussion ensued.
Moved by Mayor Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to appoint Mayor Pro Tem Sue Kempf and Councilmember Alex Rounaghi to review the Fiscal Year 2023-24 Community Assistance Grant applications and return with funding recommendations at the June 13, 2023, City Council meeting, and recommendations regarding the process.
11. RESOLUTION APPROVING DESIGN REVIEW 23-0456 FOR PROPOSED
MODIFICATIONS TO THE VILLAGE ENTRANCE LANDSCAPE PLAN FOR THE
LAGUNA CANYON ROAD MEDIANS, AND EXEMPTION PURSUANT TO
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Report: Assistant Director Public Works Tom Perez gave a presentation describing the proposed Village Entrance Landscape Plan.
Questions of Staff: Mayor Pro Tem Sue Kempf confirmed with staff that the project would begin in early September 2023. She asked about the landscaping process. Assistant Director of Public Works Tom Perez described the project workflow.
Mayor Pro Tem Sue Kempf asked about the types of approved trees to be planted. Assistant Director of Public Works Tom Perez described the species of trees that had been approved by Caltrans and the proposed locations. A discussion ensued. -9
Laguna Beach City Council Minutes April 18, 2023
Public Testimony: Ann Christoph listed her recommendations for the project and requested the project be delayed to find specific locations to plant large trees on the sides of the road.
Christoph urged staff to develop a comprehensive approach with residents to plant the recommended trees and plants in the Landscape & Scenic Highways Resource Document and native to Laguna Beach. Bob Borthwick, Leah Vasquez, Gayle Waite, Anne Caenn, and Jacob Cherub agreed with Christoph.
Karen Martin requested that the older, healthy trees that were slotted for removal be replanted somewhere else, and Ruben Flores voiced concerns that large trees were being replaced by shrub-like trees, cautioning the City Council on making a decision tonight that would have long term impacts on the Village Entrance.
Louis Weil suggested installing electrical outlets along the canyon to accommodate seasonal lighting to beautify the Village Entrance.
Helen Shirley voiced concerns about planting cherry trees along the canyon.
Questions of Staff: Mayor Bob Whalen asked about concerns raised concerning the curb along the Village Entrance. Assistant Director of Public Works Tom Perez explained the reconstruction of curbs and that moving forward with the proposed plan would not impact future changes to the curb.
Councilmember Comments: Councilmember Mark Orgill confirmed with staff that the future utility undergrounding project in the canyon would create many opportunities to make adjustments to sidewalks, curbs, and additional plants. He stated that he would like to move forward with improvements to the Village Entrance and adding large trees on the sides to create a canopy.
Councilmember George Weiss commented that there should be more collaboration with knowledgeable residents. He supported planting Laguna Beach native trees that were drought resistant. Weiss said he would support taking more time to decide on the appropriate plan.
Mayor Bob Whalen confirmed with staff that the proposed shrubs and groundcover were rought tolerant and were the same that had been utilized prior in the Village Entrance. H aid he supported staff's recommendation to remove the Bottlebrush trees in the median an install the proposed shrubs and groundcover. Whalen added that he did not see any issue with the replacement trees; however, he would be willing to discuss other types of trees if there were concerns.
Councilmember George Weiss stated that he could support proceeding with the removal of the Bottlebrush trees and planting the proposed shrubs and groundcover. He voiced concerns about the proposed replacement trees, and suggested the substitution of Elderberry or Toyon.
Mayor Pro Tem Sue Kempf commented that she agreed with Mayor Whalen, and she would support moving forward with the proposed project.
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Councilmember Alex Rounaghi said he agreed with Mayor Whalen and continued discussions of the planting of larger trees on the sides of the road at a future meeting.
Councilmember George Weiss stated that he could vote to move the project forward if the proposed replacement trees were not utilized, with additional discussions with Christoph, Borthwick, and Flores to determine a better solution.
Councilmember Mark Orgill substantiated with staff that Caltrans was restricting the size of trees that could be utilized in the median.
Councilmember Alex Rounaghi confirmed that Caltrans would only allow the two species of trees that staff had specified in the staff report to replant in the median. A discussion ensued.
Assistant Director of Public Works Tom Perez commented that it would be feasible to remove the Bottlebrush trees, plant the shrubs and groundcover and then add replacement trees at a later date. He said the additional cost to do so would be $100,000 to $200,000.
Moved by Mayor Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Adopt Resolution #23.024 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING DESIGN REVIEW 23-0456 FOR MODIFICATIONS TO DESIGN REVIEW 17-2506 RELATING TO
VILLAGE ENTRANCE LANDSCAPE PLAN FOR THE LAGUNA CANYON ROAD MEDIANS," allowing for substitution of Elderberry and Toyon instead of the Catalina Cherry and Western Redbud if approved by Caltrans; and
(2) Determine that Design Review 23-0456 is exempt from Coastal Development Permit requirements and categorically exempt under the California Environmental Quality Act.
PUBLIC HEARING FOR APPEALS
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A. APPEAL OF APPROVAL OF DESIGN REVIEW 22-2114 AND VARIANCE 22-2115.
AND CALIFORNIA ENVIRONMENTAL QUALITY ACT CATEGORICAL
EXEMPTION AT 705 MARLIN DRIVE
City Attorney Phil Kohn informed the City Council that the applicant's representative had requested Councilmember George Weiss recuse himself from participating in the hearing, and he explained.
Councilmember George Weiss commented that he could be fair and unbiased in this deliberation.
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Staff Report: Project Planner Garrett Wank gave a presentation discussing the appeal of Design Review 22-2114 and Variance 22-2115 and revised plans at 705 Marlin Drive. He explained that the City Council had continued the appeal hearing from March 21, 2023, and directed the applicant to make project modifications, and he listed those changes.
Questions of Staff: Councilmember Alex Rounaghi confirmed with staff that the access findings for the tandem parking in the driveway had been met.
Testimony in Support of the Appeal: Chuck Krollkowski, attorney for the appellant, stated that while he appreciated the compromises the applicants had carried out, the revised plans did not fix the problems for the neighbors, and he explained. Susan St. Clair, appellant, voiced concerns with proposed windows impacting her privacy as well as shining too much light into her home. John Vella, owner at 703 Balboa Avenue, stated that the applicant's traffic impact study did not take into account several factors and that the proposed tandem parking would not be feasible. Tony Fisch stated that although compromises by the applicants had been made, several modifications still required attention.
Testimony in Opposition to the Appeal: Larry Nokes, attorney for the applicants, addressed the privacy and light concerns raised by the appellant. Steve Kawaratani, consultant representing the applicant, said that project refinements had been conducted as directed by the City Council and he noted the traffic report and the findings that safe access to and from the tandem parking space had been met. Christina Dodge, applicant, explained the measures that had been taken to accommodate the appellant's privacy concerns and Bill Dodge, applicant, requested the City Council approve the revised plans. Donna Wilczek, owner at 724 Davis Way, stated that parking was not an issue on Marlin Drive. Iana Liauw, owner at 739 Marlin Drive, commented on the importance of following the city's design guidelines, and asserted that design changes should not be based on neighbors' opinions, commenting that the homeowners had been reasonable and compromised, and it was time to approve the project.
Rebuttal: Chuck Krollkowski, attorney for the appellant, responded to the applicants' comments.
Councilmember Alex Rounaghi asked what the appellants' contention was as it related to the access findings. Chuck Krollkowski, attorney for the appellant, explained his reasons that the access findings had not been met.
Questions of Staff: Mayor Bob Whalen asked staff to comment on the sufficiency and legality of the proposed tandem parking space. Director of Community Development Marc Wiener responded that the parking space met the code requirements, and the line-of-sight condition is not required for parking on residential streets.
Councilmember Comments: Councilmember Alex Rounaghi stated that the City Council had reviewed the evidence and applied the design review criteria in order to make a fair determination that was equitable to both the property owner and neighbors. He said his main concern had been making findings for the parking access, and because this had been met, he commented that he was ready to approve the project.
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Mayor Pro Tem Sue Kempf read through the list of modifications the City Council had directed the applicants to conduct. She said she had one question but would wait for the rest of the City Council to comment.
Councilmember George Weiss stated that he believed compromises were being met and he questioned a few items where he still had concerns.
Mayor Bob Whalen directed staff to verify the original sill height of the window in question.
Director of Community Development clarified which window the applicant did not want to frost for privacy concerns.
Mayor Bob Whalen confirmed that the neighbor could not be precluded from growing a hedge and the project could be conditioned that the neighbor plant the hedge at a certain height for privacy concerns.
Mayor Pro Tem Sue Kempf verified that the Design Review Board often required windows to be frosted for privacy purposes.
Councilmember George Weiss stated that he supported frosting the window.
Councilmember Alex Rounaghi asked if frosted windows was utilized for bedrooms.
Director of Community Development clarified that frosted glass was typically used for bathroom windows and frosting this window would impact the applicants living space.
Councilmember Alex Rounaghi commented that frosting the bedroom window would be an exception and he did not believe privacy necessitated the concession by the applicants. A discussion ensued.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember Alex Rounaghi, and carried unanimously 5/0 to deny the appeal and sustain the Design Review Board's approval of Design Review 22-2114 and a California Environmental Quality Act Categorical Exemption at 705 Marlin Drive, subject to staff's verification of the original sill height.
ADJOURNMENT
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There being no further business, Mayor Whalen at 10:19 p.m.., Tuesday, April 18, 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, May 2, 2023, at City Hall, 505 Forest Avenue, Laguna Beach California. ***************
Approved: May 2, 2023 Brothel
Bob Whalen, Mayor
Ann Marie McKay, City Cler
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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 18, 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 18, 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 10:20 p.m., Tuesday, April 18, 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, May 2, 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 18th day of April 2023.
Cuik
INCORPORATES
JUNE 29. 192 ANIA
CERTIFICATE OF POSTING
NOTICE OF ADJOURNMENT
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I, Ann Marie McKay, City Clerk of the City of Laguna Beach, California, DO CERTIFY that at he hybrıd vırtual/ın-person Regular Meeting of the City Council held on Tuesday, April 12 023, said meeting was ordered adjourned to the time and place specified in the notice o adjournment, ALTACHED HERETO; and that on April 19, 2023, at the hour of 10:10 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.
cul'k.)
City Clerk of the City of Laguna Beach, California