Laguna Beach City Council Minutes May 2, 2023
MINUTES
LAGUNA BEACH CITY COUNCIL
HYBRID VIRTUAL/IN-PERSON REGULAR MEETING
May 2, 2023
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, May 2, 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 George Weiss 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)) - three items: (1) workers' compensation claim for Nashick [Claim No. 19-141816]; (2) general liability claim for Burchman [Claim No. 22-40]; and (3) general liability claim for Menaldo [Claim No. GHC0034915].
Confer with Real Property Negotiators (pursuant to Government Code section 54956.8) - one item:
potential disposition of City-owned real property located at 31729 and 31735 Coast Highway; authorized negotiator is Shoreh Dupuis, City Manager.
City Attorney Phil Kohn reported that in this evening's Closed Session, the City Council voted unanimously to provided settlement authority for the three existing litigation items, and discussed potential disposition options related to the item for real property negotiations, with no reportable action taken.
Police Chief Jeff Calvert briefed the Council on the incidents at 14 West and Hotel Laguna involving altercations between two different security teams armed with firearms related to an ongoing civil dispute over operating and management authority at the hotel properties.
PUBLIC COMMUNICATIONS
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Ed Steinfeld requested that members of the public adhere to three minutes for their comments, and gifted the City Clerk with a gong to use when the three minutes is exceeded Ganka Brown questioned the qualifications of previous City Clerks and the current City Clerk. -1-
Laguna Beach City Council Minutes May 2, 2023
Erin Slattery, Laguna Beach Chamber of Commerce, announced upcoming Chamber events.
Jose and Darlene Cedeno and Deborah Klein expressed concerns regarding the construction of a structure on a neighboring property on Mermaid Street. Cheryl Gale, owner of the property in question, responded to the neighbors' statements.
Ron and Debbie Marshall and Mark Puente repeated their concerns related to the gay pride lifeguard tower to be installed on West Street Beach. Ruben Flores expressed support for the tower at that location.
Housing and Human Services Committee members Ketta Brown, Cody Engle, and Barbara McMurray implored the Council to adopt an Emergency Eviction Ordinance. Tanya Yacina, Kathrin Holt, and Patti Jo Kiraly supported the request to provide additional protections to renters.
Glenn Gray, Laguna Beach Police and Community Foundation, advised that the Foundation has increased the reward for a tip leading to the arrest and conviction of those responsible for the vandalism of the City Manager's residence to $10,000. Gray also stated that the Foundation also provides scholarships for students interested in law enforcement careers.
Jay Kramer, Laguna Community Concert Band and Laguna Beach Arts Alliance, commented on the Alliance's needs that can be met at the recently acquired Laguna Beach Community and Recreation Center. He also announced the band's free concert this Sunday at the Artists Theater.
Wendy Berube, Laguna Ocean Foundation Education and Outreach Coordinator, announced the annual Kelp Fest scheduled to occur on Saturday, June 3.
Michele Monda questioned nondisclosure of legal billings for February 2023 for legal assistance provided to the City related to the City Manager's traffic stop. Chris Catsimanes asserted that the City Manager's comments at the last Council meeting about the officer that cited her violated HIPAA (Health Insurance Portability and Accountability Act). Tony Fisch commented on the ongoing controversy.
Susana Cucina reiterated her nuisance complaints related to the noise from the pickleball courts that border the property where she lives.
Jacob Cherub thanked the City for the upcoming public workshops related to the parking management plan and the future of the Forest Avenue promenade. He also thanked the Laguna Beach Police and Community Foundation for issuing the $10,000 reward, and reiterated his personal commitment to also provide a $5,000 reward.
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Laguna Beach City Council Minutes May 2, 2023
COUNCIL AND STAFF REPORTS
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City Clerk Ann Marie McKay announced that this week is the 54th Annual Professional Municipal Clerks Week, which recognizes the vital services performed by Municipal and Deputy Clerks in serving the changing needs of their communities, as the professional link between the citizens, the local governing bodies, and agencies of government at other levels, and continually striving to improve the administration of their duties through participation in education programs, seminars, workshops, and annual meetings of their state, county, and international professional organizations.
Although it is one of the oldest positions in local government, few people realize the vital services Municipal and Deputy Clerks perform for their community, such as preparing the Council agendas and minutes, maintaining the Council's ordinances and resolutions, and acting as the local elections official. City Clerk McKay also reminded everyone 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, and 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.
City Treasurer Laura Parisi advised that the California Department of Tax and Fee Administration (CDTFA) published a report that changing the payment of sales tax to the location where the property was delivered would increase the Laguna Beach sales tax more than 25%.
City Manager Shoreh Dupuis provided an update confirming that both attorneys for the opposing sides of the ongoing civil disputes related to 14 West and Hotel Laguna have agreed to continue occupying the properties without the presence of armed security guards. Dupuis advised that the parties have been informed that violations of this agreement would result in the City shutting down both properties. [After additional altercations later in the evening, City Manager Shoreh Dupuis reported that in the interest of public safety, she issued a summary nuisance abatement order to close hotels 14 West and Hotel Laguna immediately due to unsafe conditions and to protect the health and safety of the public, people inside the premises, and Laguna Beach Police officers.] Regarding the construction at the Mermaid Street property, City Manager Shoreh Dupuis stated that Community Development Director Marc Wiener will follow up with the neighbors.
Regarding the West Street Beach lifeguard tower, City Manager Shoreh Dupuis advised that staff will provide an update addressing the neighbors' safety concerns at the May 16 Council meeting.
City Manager Shoreh Dupuis also advised that the Facilities Master Plan scope of work is on the Council's May 16 agenda.
Director of Transit and Community Programs Michael Litschi reported that the noise study conducted at property adjacent to the Lang Park pickleball courts provided results that the noise did not routinely violate the City's noise regulations; however, the City is installing sound attenuation fencing to reduce the sound for those that live at that property. Litschi estimated that the fencing would reduce the noise by about 10 decibels or more.
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City Manager Shohreh Dupuis announced that the Laguna Beach Community and Recreation Center will have its soft opening on Monday.
Councilmember George Weiss referenced a letter the Council received from the PTA regarding the need for more recreation facilities for children. Councilmember Weiss commented on the traffic citation controversy and stated his goal for transparency. He made a motion to have the officer involved appear at a future Council meeting to clear the air.
Councilmember Mark Orgill commented that the City's annual employee picnic held at Aliso Beach was exceptional, and he commented on this year's Art Star Awards.
Councilmember Alex Rounaghi also positively commented on the employee picnic, and on this year's Grapes for Grads event. Councilmember Rounaghi reported on the South Laguna Water/Sewer Committee meeting and the update that was provided on the tunnel project, which involved discussions of potential uses of the staging location. Councilmember Rounaghi also commented on the current housing crisis.
Mayor Pro Tem Sue Kempf commented on the presentation provided by the City Attorney at the Design Review Board meeting and recommended a similar presentation be provided whenever new members are added to the Boards, Commissions, and committees.
Mayor Bob Whalen also commented on the Art Star Awards and Grapes for Grads event. Mayor Whalen requested that the emergency eviction ordinance be placed on a future Council meeting agenda for Council discussion.
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 - 6.
MINUTES OF THE CITY COUNCIL MEETING
Approved the revised Minutes of the Regular Meeting of the City Council of April 18, 2023.
2. WARRANT LISTING
Approved the General Warrants and payroll disbursements.
Warrants: $3,536,968.05 04/14/2023
$ 462,939.06 04/20/2023
$3,999,907.11
Payroll #21 $1,503,319.00 04/21/2023
Total $5.503.226.11
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CLAIMS AGAINST THE CITY
(1) Rejected claim #23-03 filed by Don Thomas;
(2) Rejected claim #23-11 filed by Richard & Janice Brown; (3) Rejected claim #23-12 filed by Timothy Sanchez; and (4) Rejected claim #GHC0059735 filed by Bahram Ahmadi & Allstate.
CITY TREASURER'S MONTHLY INVESTMENT REPORT FOR FEBRUARY 2023 Received and filed the Monthly Investment Report for February 2023.
PURCHASE OF REPLACEMENT BALLISTIC HELMETS
(1) Authorized the City Manager to purchase 60 replacement Avon F90 ballistic helmets from Curtis Blue Line for an amount not-to-exceed $40,402; and (2) Appropriated $40,402 from the Federal Asset Forfeiture Account to purchase the replacement equipment.
6. PARKING, TRAFFIC, AND CIRCULATION COMMITTEE RECOMMENDATIONS Approved the Parking, Traffic, and Circulation Committee's recommendation to install a parking restriction on Meadowlark Drive by adopting Resolution #23.025 titled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH,
CALIFORNIA, ESTABLISHING PARKING RESTRICTIONS ON MEADOWLARK DRIVE SOUTHWEST OF MEADOWLARK LANE".
7. SERVICE AGREEMENT FOR FOURTH OF JULY MONUMENT POINT FIREWORKS SHOW
Public Testimony: Jacob Cherub voiced concerns about the added expense of the annual fireworks at Main Beach.
Councilmember Comments: Mayor Bob Whalen stated that he agreed that further discussions of the expense were warranted, and he suggested looking into a laser show for July 4, 2024.
Moved by Councilmember George Weiss, seconded by Councilmember Alex Rounaghi, and carried unanimously 5/0 to:
(1) Directed staff to proceed with providing the Fourth of July Monument Point fireworks show; and
(2) Authorized the City Manager to execute service agreement #23-27 with Pyro Spectaculars, Inc. in the amount of $40,000 for the 2023 annual Fourth of July Monument Point fireworks show.
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Laguna Beach City Council Minutes May 2, 2023
AWARD EMERGENCY CONTRACT TO REPLACE THE PROMENADE ON FOREST
DECKS IN THE EXISTING CONFIGURATION
Councilmember Mark Orgill pulled this item for discussion.
Staff Report: Assistant to the City Manager Jeremy Frimond briefly outlined the staff report stating that the outdoor dining decks had been installed on a temporary-use basis during the pandemic, and the lifespan of the decks had been extended by two years. He said staff had evaluated the decks, and after the winter storms, it had been determined the decks are not safe for the public in their current condition. Frimond added that it is important to address safety issues now and not in the middle of summer.
City Manager Shoreh Dupuis commented that based on the municipal code, she could award the emergency contract without approval from the City Council; however, she said she felt it was important to inform the City Council of this essential project. She added that this item is already included in the budget.
Questions of Staff: Councilmember Mark Orgill stated that the large expenditure warranted further discussion, and he commented that it should have been anticipated that the decks would be required for more than one year. City Manager Shoreh responded that the original intent of the decks was to assist struggling restaurants during the pandemic on a temporary basis and had been constructed hurriedly.
Councilmember Mark Orgill commented that he fully supported the Promenade on Forest, and he wanted it to continue through the summer; however, he said he hoped that staff could learn from this situation, and he asked about the emergency contract process.
City Manager Shoreh Dupuis described the emergency contract process. She stated that building the decks during the pandemic had been difficult, and she described.
Councilmember Mark Orgill voiced concerns that the city found itself in a situation where the emergency contract process had to be implemented and that the project would not be put out to bid.
Councilmember George Weiss said he supported rebuilding public spaces on the Promenade; however, he said the four restaurants that benefited from the dining decks should fund the building and maintenance of those decks.
Public Testimony: Alessandro Pirozzi, owner of Alessa, and Marc Cohen, owner of 230 Forest, commented on the importance of replacing the hazardous decks on the Promenade on Forest and their willingness to pay their fair share for use of the dining decks.
Gayle Waite, Paul Pines, Ann Christoph, John Thomas, Ruben Flores, Chris Catsimanes, Michele Monda, Tony Fisch, and Jacob Cherub expressed their concerns regarding the Promenade on Forest, and offered suggestions.
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Councilmember Comments: Mayor Bob Whalen addressed some of the public's concerns, stating there was overwhelming community support for the Promenade, and it came down to who should pay tor the outdoor dining decks. He said he strongly agreed, as did the restaurants owners, that the restaurants should be paying market value for space that the city is allowing them to utilize on the Promenade. Mayor Whalen said that it was unfortunate that the deck repair had preceded the long-term negotiations with the restaurants to determine what fee would be paid for the dining decks.
Councilmember George Weiss commented that the restaurants had received a gift with public funds for three years and he supported requiring the restaurants to share in the costs now.
City Manager Shohreh Dupuis stated that staff would be presenting the City Council with a fee program at the June 13, 2023, meeting as part of the budget workshop, and she described.
Mayor Pro Tem Sue Kempf commented that the decks were never meant to last, and she was pleasantly surprised that they had endured for three years. She said the Promenade had moved from a need to a want from the community with 83% in support of the Promenade on Forest, and she commented on the positive impact of the Promenade to Laguna Beach. Mayor Pro Tem Kempf stated she supported replacing the decks immediately for safety purposes.
Assistant to the City Manager Jeremy Frimond addressed an earlier comment concerning the materials used for the decks prior and he described the materials that would be installed for the proposed replacement project.
Councilmember Alex Rounaghi confirmed with the City Manager that there are decks open to the public for any use, and there were other decks specifically utilized by four restaurants.
He stated that the creation of the Promenade on Forest was one of the most visionary projects the city had undertaken in 20 years, and it is important to ensure the continued success with safe decks. Councilmember Rounaghi added that the restaurants would pay their fair share when that amount could be determined by staff, at the June 13, 2023, City Council meeting.
Councilmember George Weiss voiced concerns about enacting the emergency contract process and he explained. He said he could not support the item if the restaurants were not required to pay for the deck replacements when they stood to benefit greatly.
Councilmember Mark Orgill said the Promenade had been a huge community asset and it was important to take action and move forward with replacing the decks.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember Mark Orgill, and carried 4/1 (Councilmember George Weiss opposed) to:
(1) Authorize the City Manager to award emergency contract #23-28 to Laguna Construction in the amount of $260,000 to replace the Promenade on Forest's decks damaged during the 2022/23 winter storms; and
(2) Authorize the City Manager to approve project related expenses and construction change orders for unforeseen circumstances for an amount not-to-exceed $26,000. -7-
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REGULAR ORDER
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[Agenda Item #9 was heard after Council Review Item C]
RESOLUTIONS AND APPROPRIATIONS RELATED TO SALE OF BONDS FOR UNDERGROUND UTILITY ASSESSMENT DISTRICT 2013-2 (DIAMOND STREET) Senior Project Manager Pierre Sawaya introduced the city's bond disclosure counsel who would be providing the required municipal bond training for the City Council.
Juan Galvan, Partner with Jones Hall, gave a presentation explaining municipal bonds and the responsibility of elected officials regarding the sale of bonds for the Underground Utility Assessment District 2013-2 (Diamond Street).
Mayor Bob Whalen requested that Galvan highlight areas for the City Council to focus on from the preliminary official statement (POS) draft in the staff report. Juan Galvan, Partner with Jones Hall, advised the City Council on areas to review in the POS.
Mayor Bob Whalen asked about the property assessments table in the staff report, and a discussion regarding the sale of bonds for the assessment district ensued. He urged the City Council to review the draft POS and to go to staff with any questions prior to the issuance of the bonds.
Staff Report: Senior Project Manager Pierre Sawaya outlined the staff report describing the underground utility assessment district 2013-2 (Diamond Street) procedures, project expenditures and revenues, and revisions to the resolutions.
Questions of Staff: Mayor Bob Whalen confirmed with staff a few clerical revisions in the resolutions and encouraged staff to ensure that the financial statements for fiscal year ending June 30, 2022, have been filed on EMMA by next week.
Moved by Mayor Bob Whalen, seconded by Mayor Pro Tem Sue Kempt, and carried unanimously 5/0 to:
(1) Adopt the resolutions for Underground Utility Assessment District 2013-2 (Diamond Street) with the redline changes as presented by staff:
a. Resolution #23.026 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAGUNA BEACH, CALIFORNIA, DETERMINING UNPAID
ASSESSMENTS IN UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 2013-2 (DIAMOND STREET) AND THE MANNER OF PAYMENT THEREOF AND LISTING BONDS ISSUED ON THE SECURITY THEREOF;"
b. Resolution #23.027 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAGUNA BEACH, CALIFORNIA, AWARDING THE SALE OF
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 2013-2 (DIAMOND STREET) LIMITED OBLIGATION IMPROVEMENT BONDS" with removal of the brackets in Section 2;
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C. Resolution #23.028 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAGUNA BEACH, CALIFORNIA, ISSUING LIMITED OBLIGATION IMPROVEMENT BONDS UNDER THE IMPROVEMENT BOND ACT OF 1915 FOR UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 2013-2
(DIAMOND STREET)";
d. Resolution #23.029 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAGUNA BEACH, CALIFORNIA, COVENANTING DILIGENT
PROSECUTION OF FORECLOSURE OF DELINQUENT ASSESSMENTS
WITHIN UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 2013-2 (DIAMOND STREET)";
(2) Approve the purchase of Underground Utility Assessment District 2013-2 (Diamond Street) public offering municipal serial bonds at a 25-year term with a true interest cost of 5.31%;
(3) Authorize the use of the Utility Underground Assessment Deferment Loan Program for qualified applicants;
(4) Appropriate $2,253,631 for construction and other related expenses within Underground Utility Assessment District 2013-2 (Diamond Street), and increase revenues by the same amount, and authorize the City Manager to expend all appropriated funds; and (5) Direct staff to address any Council comments submitted to staff by Monday, May 8, 2023.
[Agenda Item #10 was heard before Agenda Item #9]
10. COMMUNITY DEVELOPMENT WORKPLAN FOR UPDATES TO THE GENERAL
PLAN, ZONING CODE, AND SPECIFIC PLANS
Staff Report: Director of Community Development Marc Wiener gave a presentation discussing Community Development's workplan for updates to the general Plan, Zoning Code and Specific Plans.
Public Testimony: Penelope Milne, CANDO (Canyon Alliance of Neighborhoods Defense Organization), remarked on the comprehensive zoning code and the Laguna Canyon Annexation Specific Plan updates and the importance of public input.
Questions of Staff: Councilmember Alex Rounaghi commented on the housing code amendments. He confirmed with staff the housing ordinance could be adopted in pieces to address housing issues on a more timely basis. He said it would be important to tackle easier portions of the ordinance quicker.
Mayor Pro Tem Sue Kempf stated that she agreed with Councilmember Rounaghi, and she asked about addressing specific housing issues.
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Director of Community Development Marc Wiener responded to Mayor Pro Tem Kempf, stating that there are approximately 10 amendments that had been identified by staff and could be heard by the Planning Commission in a couple months. He added that the city is limited to only being allowed to submit three Local Coastal Program amendments per year to the California Coastal Commission, but he believed staff could work within those confines.
Mayor Pro Tem Sue Kempf discussed the items listed on the workplan in the staff report.
City Manager Shoreh Dupuis clarified that the funding for fiscal year 2023-24 listed in the table had been included in the proposed budget.
Councilmember George Weiss stated that he agreed with the councilmembers' comments.
He asked about conducting biological and watercourse maps for the Open Spaces and Conservation Element Update. Director of Community Development Marc Wiener explained the timing of the mappings. Councilmember Mark Orgill stated that it is important to conduct the mapping as soon as possible, adding that public input would be important to the process.
City Manager Shohreh Dupuis commented that each one of the items would include a public outreach process, and she described.
Mayor Bob Whalen said he agreed with his colleagues. He added that he concurred with Penny Milne's comment and the need to refer to the Laguna Canyon Planning Study.
Moved by Councilmember Alex Rounaghi, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to approve the proposed workplan for updates to the General Plan, Zoning code, and Specific Plans.
11. ZONING ORDINANCE AMENDMENT 21-8238 AND LOCAL COASTAL PROGRAM AMENDMENT 21-8239 AMENDING LAGUNA BEACH MUNICIPAL CODE, TO REPEAL AND REPLACE LAGUNA BEACH MUNICIPAL CODE CHAPTER 25.17 (SECOND RESIDENTIAL UNITS) WITH CHAPTER 25.17 (ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS) AS MODIFIED BY THE
CALIFORNIA COASTAL COMMISSION, AND APPROVAL OF EXEMPTION FROM
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Report: Associate Planner Kevin Parker gave a presentation describing the California Coastal Commission's modifications and State legislation updates to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), and the proposed zoning ordinance amendments.
Director of Community Development Marc Weiner explained the benefits of the proposed ordinance.
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Questions of Staff: Mayor Pro Tem Sue Kempf voiced concerns about allowing second story attached ADUs that are 25 feet high. Director of Community Development Marc Wiener responded to her concerns, stating that the city could not regulate ADUs beyond compliance with State regulations.
Mayor Pro Tem Sue Kempf confirmed that city staff could approve or deny an ADU or JADU application within the State's required deadline of 60 days. She asked about the rear yard setback State regulations.
Associate Planner Kevin Parker described the ADU rear yard setback requirements.
Councilmember Alex Rounaghi asked for clarification regarding maximum height allowances and the city's view equity requirements. Associate Planner Kevin Parker and Director of Community Development Marc Wiener explained building height regulations and view equity.
Councilmember Alex Rounaghi raised the issue of garage conversions to ADUs and parking requirements.
Councilmember George Weiss discussed a resident's concern pertaining to size limitations for attached ADUs and the prohibition of rooftop decks set forth in the California government code, and a discussion ensued.
Public Testimony: Jim Burnes commented on the proposed ordinance and meeting State regulations for attached ADUs as it pertained to roof decks and square footage allowance.
Cathy Jurca commented that second stories and rooftops decks should be prohibited, and commented on front setbacks, square footage concerns, and historic resource standards. Judie Mancuso urged city staff to not move forward with the proposed amendments and she explained.
Cody Engle stated that he supported most of the proposed modifications to the ordinance, but not the Coastal Commission's parking mandate.
Director of Community Development Marc Wiener responded to comments, and a discussion took place discussing allowable square footage for ADUs.
Councilmember Comments: Councilmember George Weiss raised the concern regarding basing ADUs allowable square footage on "existing" versus "proposed" square footage of the primary dwelling. Director of Community Development Marc Wiener stated that "existing" or "proposed" verbiage could be clarified with the Coastal Commission; however, he stated that in order for the Coastal Commission to fully certify the ordinance, it must be adopted verbatim, and a discussion ensued.
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Mayor Bob Whalen suggested adopting the ordinance and then returning to the Coastal Commission with amendments addressing tonight's concerns including: reducing the replacement parking requirements; JADU language; and the 25-foot height by right second story.
Moved by Mayor Bob Whalen, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to:
(1) Introduce the Ordinance that accepts the Coastal Commission's suggested modifications amending the City's Municipal Code and the City's Local Coastal Program as described in this Agenda Report by: a) asking the City Clerk to read the title of the Ordinance, and b) approving a motion to waive further reading of the Ordinance and pass it to a second reading;
(2) Adopt Resolution #23.030 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, ACKNOWLEDGING RECEIPT OF THE CALIFORNIA COASTAL COMMISSION'S CERTIFICATION;
ACCEPTING AND AGREEING TO THE SUGGESTED MODIFICATIONS;
ADOPTING LOCAL COASTAL PROGRAM AMENDMENT 21-8239 AMENDING
LAGUNA BEACH MUNICIPAL CODE TO TO REPEAL AND REPLACE LAGUNA BEACH MUNICIPAL CODE CHAPTER 25.17 (SECOND RESIDENTIAL UNITS) WITH CHAPTER 25.17 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS); AND REQUESTING ITS CERTIFICATION BY
THE CALIFORNIA COASTAL COMMISSION, AND AGREEING TO IMPLEMENT
THE LOCAL COASTAL PLAN IN A MANNER FULLY CONSISTENT WITH THE CALIFORNIA COASTAL ACT; and
(3) Direct staff to investigate options to address parking concerns, the definition of "existing" as it relates to State law, the ability to build up to 25 feet in height by right and have second stories, and the California Coastal Commission's inserted language regarding JADUs in 25.17.040(D)(2), in a proposed amendment for Council consideration at a future meeting.
COUNCIL REVIEWS
A. REQUEST TO CONTINUE REVIEW OF THE DESIGN REVIEW BOARD APPROVAL OF DESIGN REVIEW 22-2378 FOR ADDITIONS, NEW ELEVATED DECKS, AND NEW TWO-CAR CARPORT THE R-2 (RESIDENTIAL MEDIUM DENSITY) ZONE AT 466 OAK STREET [COUNCIL REVIEW REQUIRED DUE TO DESIGN REVIEW
BOARD CONFLICTI
Moved by Councilmember Alex Rounaghi, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to continue the public hearing for the review of the Design Review Board's approval of Design Review 22-2378, and a California Environmental Quality Act Categorical Exemption at 466 Oak Street to the June 27, 2023, City Council meeting. -12-
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B. REVIEW OF THE DESIGN REVIEW BOARD APPROVAL OF DESIGN REVIEW 22- 2256 AND COASTAL DEVELOPMENT PERMIT 22-2257 FOR GRADING, NEW PREFABRICATED SPA, ENTRY STAIRS. LANDSCAPING, LIGHTING, NEW OUTDOOR FIREPLACE AND PATIOS IN THE R-1 (RESIDENTIAL LOW DENSITY) ZONE AT 1902 OCEAN WAY (COUNCILMEMBER WEISS)
Mayor Pro Tem Sue Kempf asked the City Attorney about the difference between a councilmember review and an appeal. City Attorney Phil Kohn described the councilmember review and appeal processes.
Staff Report: Director of Community Development Marc Wiener gave a presentation describing the project at 1902 Ocean Way. He noted that the portion for councilmember review was limited to the application modifications to the grounds surrounding the house.
Questions of Staff: Councilmember Alex Rounaghi asked about project piecemealing.
Director of Community Development Marc Wiener explained how piecemealing pertained to a project and that piecemealing did not apply in this circumstance. City Attorney Phil Kohn added his legal argument why the piecemealing argument was not applicable to this situation.
Testimony in Support of the Application: Roy Foubister, architect for the project, stated that the applicants would not be intensifying the neighborhood noise, and he explained.
Testimony in Opposition of the Application: Ann Christoph questioned that the project received a Categorical Exemption, and asserted that it should have been required to conduct a historic analysis to evaluate its historic significance.
Anne Caenn, Village Laguna, outlined her concerns with the project.
Cathy Jurca voiced concerns that the project had not been reviewed as a whole and asserted that a CEQA review should have been conducted. Tony Fisch also asserted the need for a CEQA review.
Rebuttal: Roy Foubister, architect for the project, commented that tonight's deliberation was focused on the landscape portion of the project. Krystal Moore, landscape architect for the project, described the landscape modifications and the materials that would be utilized.
Questions of Staff: Mayor Bob Whalen asked about the materials proposed for the wall and when they had been approved by staff. Director of Community Development Marc Wiener described the review process.
Mayor Bob Whalen asked about existing walls and steps in front of the house. Krystal Moore, landscape architect for the project, and Roy Foubister, architect for the project, clarified the modifications to the walls and steps in the front portion of the home, and a discussion ensued. -13-
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Mayor Bob Whalen voiced concerns that a complete landscape plan had not been reviewed at the time that the Design Review Board hearing for the house was conducted. Director of Community Development Marc Wiener explained the rationale for reviewing the house and landscaping plans separately.
Councilmember Comments: Councilmember Alex Rounaghi explained why he supported sustaining the Design Review Board's (DRB) decision.
Councilmember Mark Orgill and Mayor Pro Tem Sue Kempf stated that they agreed with Councilmember Rounaghi, and they would be sustaining DRB's decision.
Councilmember George Weiss voiced his concerns with the review process and a discussion took place.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember Alex Rounaghi, and carried 3/2 (Mayor Bob Whalen and Councilmember George Weiss opposed) to sustain the Design Review Board's approval of Design Review 22-2256, Coastal Development Permit 22-2257, and a CEQA Categorical Exemption at 1902 Ocean Way.
C. RECOMMENDATION FOR THREE PUBLIC TREE PLANTINGS ALONG COAST
HIGHWAY (COUNCILMEMBER WEISS)
Staff Report: City Arborist Matthew Barker gave a presentation of staff's recommendations for the replacement of three public trees along Coast Highway.
Public Testimony: Ann Christoph and Ruben Flores expressed their concerns with the public tree replacement process, explained why they did not support two of the three tree replacements.
Gayle Waite, Laguna Canyon Conservancy, Meg Monahan, and Anne Caenn urged the city council to consider the advice from the prior speakers and suggested establishing a landscape committee comprised of local professionals to work with city staff.
Questions of Staff: Mayor Pro Tem Sue Kempf asked about the two replacement trees that the public commented were not suitable at these locations. City Arborist Matthew Barker explained the rationale for selecting the proposed public replacement trees in those two locations, and a lengthy discussion ensued
Councilmember Comments: Councilmember George Weiss commented that he would like to follow the Landscape & Scenic Highways document, and he made his suggestions.
Mayor Pro Tem Sue Kempf gave her suggestions for the two replacement trees.
City Arborist Matthew Barker offered his opinion regarding the trees. -14-
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Councilmember Mark Orgill stated that he supported a compromise; however, he said it is important to review the Landscape & Scenic Highways document as a resource document when approaching the replacement tree process.
City Manager Shoreh Dupuis explained to Councilmember Orgill that many factors are taken into consideration with the tree replanting process.
Moved by Mayor Bob Whalen, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to approve the Final Recommendation for Public Tree Plantings at 604 South Coast Highway and 489 North Coast Highway as proposed, and the New Zealand Christmas Tree at 933 South Coast Highway.
ADJOURNMENT
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There being no further business, Mayor Whalen at 11:51 p.m.., Tuesday, May 2, 2023, adjourned to the Budget Workshop at 3:00 p.m., Closed Session at 5:00 p.m. and to the hybrid virtual/in-person Regular City Council Meeting at 5:30 p.m. on Tuesday, May 16, 2023, at City Hall, 505 Forest Avenue, Laguna Beach California.
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Approved: May 16, 2023 Portchah
Bob Whalen, Mayor
LUNk
mm Marie Mckay, Ciry Clerk Y
-15-
NOTICE OF ADJOURNMENT OF CITY COUNCIL MEETING
(GOVERNMENT CODE SECTION 54995
EXCEPT OF THE MINUTES OF THE
HYBRID VIRTUAL/IN-PERSON REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH
May 2, 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, May 2, 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 11:51 p.m., Tuesday, May 2, 2023, adjourned to the Budget Workshop at 3:00 p.m., Closed Session at 5:00 p.m., and hybrid virtual/in-person Regular City Council Meeting at 5:30 p.m., Tuesday, May 16, 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 TOT LACUMA BEE Culika
NNCORPORATES City Clerk of the City of Laguna Beach California •
'UNE 29.1921
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 the hybrid virtual/in-person Regular Meeting of the City Council held on Tuesday, May 2, 2023, said meeting was ordered adjourned to the time and place specified in the notice of adjournment TACHED HERETO; and that on May 3, 2023, at the hour of 9:00 a.m., a copy of the Notic was posted at a conspicuous place on or near the door of the place at which said meeting of the City Council was held.
uty Clerk of the City of Laguna Beach, California