MINUTES
HYBRID VIRTUAL ROOME TING
June 27, 2023
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was Califormia, Mayon Thale prune 27, 2023, in the Gily Hall, 505 Forest Avenue, Laguna Beach,
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 - Existing Litigation (pursuant to Government Code section 54956.9(d)(1))) - one item: Tort Claim No. 23-18 by Patricia Sweeney Conference with Legal Counsel - Anticipated Litigation (pursuant to Government Code section 54956.9(d)(2))) - one item: significant exposure of City to litigation by owner of 1194 Morningside regarding open space easement issue
City Attorney Phil Kohn reported that all Councilmembers were present in this evening's Closed Session, and there was no reportable action taken on either of the two items discussed.
PUBLIC COMMUNICATION
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Mike and Johanna Ellis reiterated their request that the Council formally recognize the special setbacks set in a 1947 district map currently missing from the City's files.
Danny Gray, Climate Reality, reported on the current status of the Orange County Power Authority and encouraged the City to consider joining the Power Authority.
Ed Steinfeld, Voice of Laguna, thanked the community for its support on the anti-bullying campaign, and described some on the station's programming.
Brooks Atwood commented on various design initiatives he had suggested for the Council to consider.
Chris Catsimanes repeated his disapproval of the City's handling of the May 2 events related to the civil dispute over the operation and management of Hotel Laguna and 14 West.
Aaron Peluso advised that the City's skimboarding rules at Aliso Beach do not mimic how the County managed it, explaining that the County adjusted the wave riding zone based on current conditions whereas the City has set a fixed time and area. Tex Haines of Victoria Skimboards, Paulo Prietto, Austin Keen, and Greg Viviani concurred with Peluso. Viviani also commented on public use of illegal fires on the beach since the removal of the fire pits and the increased amount of trash on the beach.
Pat Gallis requested status updates on the CEQA-related lawsuits filed against the City.
Muyisa Kasomo, Eric Samaya, and Christina Perez from Waste Management reported on Waste Management's fully-electric truck in use in Laguna Beach.
John Meehan expressed his concerns regarding the Pride tower at West Street beach, and specifically the fire risk related to the vegetation on the seaside cliff face.
COUNCIL AND STAFF REPORTS
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City Treasurer Laura Parisi reported on last week's Audit Review and Investment Advisory Committee meeting, and received clarification from City Attorney Phil Kohn regarding the Committee's special meeting.
City Manager Shoreh Dupuis advised that Community Development Director Marc Wiener is actively working on the Temple Hills special setback issue, and will report back to the Council at a future meeting.
Regarding skimboarding at Aliso Beach, Marine Safety Captain Kai Bond confirmed that there is a set skimboarding zone 10:00 a.m. - 6:00 p.m. and showed the map created by the County that identifies the swim zone and skimboarding zone, with the rest of South Laguna mixed use.
Regarding the fire pits, City Manager Shoreh Dupuis advised that staff will return to the Council in October with potential options.
Regarding the Pride tower, City Manager Shoreh Dupuis advised that it was installed in the same location the temporary tower was placed, and she advised that staff is reviewing the vegetation on the cliff face to determine what is public versus private property, to then address in the appropriate method
City Manager Shoreh Dupuis recognized David Shissler on his retirement after serving 20 years as the City's only Water Quality Director.
Michael Litschi, Director of Transit and Community Services, provided the 2023 Summer Parking and Transit Service Update.
City Attorney Phil Kohn advised that oral arguments were presented to the Court of Appeal on the Kirby case, and the Court has 90 days to provide a judgment. Regarding the Ray project, Kohn advised that a trial on the merits of the case has been set for August 30. Regarding the lawsuit against the City's Historic Preservation Program update, Kohn advised that a hearing date is expected to be set on Friday in the County of San Diego.
Councilmember George Weiss suggested tech-based solutions, such as the use of cameras, to address noise-related issues. City Manager Shoreh Dupuis confirmed that the City continues to work with Caltrans regarding a pilot program that requires Caltrans to apply to the State for approval.
Public Works Director Mark McAvoy updated Councilmember George Weiss on the status on the Bluebird Canyon street widening project, advising that it is expected to be completed in August, and the speed table installed by August 24.
Councilmember George Weiss asserted that he has not seen a threat of litigation regarding the May 2 events and therefore asserted the Council's discussions with staff regarding the incident should be conducted in an open forum.
Councilmember Mark Orgill congratulated Debbie Neev for being honored as Woman of the Year.
He also advised that the housing subcommittee will soon be presenting its report to the Council.
Councilmember Alex Rounaghi reported on the Woman's Club Woman of the Year luncheon honoring Debbie Neev.
Mayor Pro Tem Sue Kempf reported that Newport Beach has challenged Laguna Beach to a lawn bowling Battle of the Beaches.
Mayor Bob Whalen reported on the Joseph Kleitsch exhibit at the Laguna Art Museum, and noted that the Festival of Arts Pageant of the Masters opens July 5.
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, 2, 4, 6, 9, and 11.
MINUTES OF THE CITY COUNCIL MEETING
Approved the revised Minutes of the Interviews & Appointments and Regular Meeting of the City Council of June 13, 2023.
WARRANT LISTING
Approved the General Warrants and payroll disbursements.
Warrants: $1,572,327.58 06/09/2023
19.010.32 06/15/2023
$1,591,337.90
Payroll #25 $1,592,016.81 06/16/2023
Total $3,183,354.71
3. CLAIMS AGAINST THE CITY
Public Testimony: Chris Catsimanes said he did not support the denial of claim number four in the staff report, stating that it was an unforced error on the city's part, and he explained. Deborah Laughton agreed with Catsimanes and also requested that the Council not reject the claim.
Peter Blake and Theresa Prelitz voiced support for the City Manager.
Questions of Staff: Councilmember Alex Rounaghi confirmed with staff that each claim was reviewed on its merits and staff made recommendations accordingly.
Councilmember George Weiss explained why he agreed with Chris Catsimanes' comments to not deny claim number four in the staff report.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember Alex Rounaghi, and carried 4/1 (Councilmember George Weiss dissenting) to:
(1) Reject claim #23-10 filed by Mercury Insurance Company; (2) Reject claim #23-14 filed by Sahar Nafal;
(3) Reject claim #23-17 filed by Zeytoon Enterprises, LLC; and (4) Reject claim #23-18 filed by Patricia Sweeney.
AWARD OF CONTRACTS FOR PUBLIC WORKS ON-CALL CONSULTANT
SERVICES
(1) Approved the on-call consultant team selection for professional consultant services; (2) Authorized the City Manager to execute contracts #23-62 through #23-119 with selected on-call consultant team firms for a three-year period; and (3) Authorized the City Manager to issue on-call consultant team task orders, on an as- needed basis, for projects with fees of $75,000 or below.
MEMORANDUM OF UNDERSTANDING WITH LAGUNITA COMMUNITY
ASSOCIATION REGARDING COST SHARING FOR STORM DRAIN
IMPROVEMENTS
Councilmember George Weiss pulled this item to obtain clarification on the historic agreement between the city and the homeowners. City Engineer Mark Trestik responded that there was no existing agreement with homeowners, and he explained the item.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember Alex Rounaghi, and carried unanimously 5/0 to:
(1) Authorize the City Manager to execute a Memorandum of Understanding with the Lagunita Community Association for cost sharing of storm drain improvements; and (2) Authorize the City Manager to approve construction-related reimbursements to the Lagunita Community Association for $146,157.
SUPPLEMENTAL FUNDING FOR COOPERATIVE AGREEMENT 12-818 WITH
CALTRANS FOR AESTHETIC UPGRADES TO PEDESTRIAN FACILITIES ON
COAST HIGHWAY
(1) Appropriated $140,000 from the Capital Improvement Fund; and (2) Authorized the City Manager to approve $140,000 in additional payments to Caltrans for aesthetic upgrades due to construction bids exceeding the engineer's estimate stated in Cooperative Agreement 12-818.
SERVICE PROVIDER AGREEMENT FOR PLAYGROUND MASTER PLAN
Councilmember George Weiss pulled this item because a member of the public had reached out to him questioning why the city was spending money for the playground master plan.
Director of Public Works Mark McAvoy replied that playground master plan had been budgeted and he explained the reasons staff were working with a service provider, rather than requiring staff to manage it. He described the request for the proposal process.
Councilmember Alex Rounaghi asked about implementing the newest technology into the playgrounds with this action. Director of Public Works Mark McAvoy responded that this agreement focused on repairing the playgrounds and would not make recommendations for play structures.
Public Testimony: Louis Weil commented on the importance of maintaining city playgrounds in Laguna Beach.
Questions of Staff: Councilmember Mark Orgill confirmed with staff that this master plan had never been performed and it would provide the city a roadmap to compile the city's 10- year Capital Improvement Program.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember Alex Rounaghi, and carried unanimously 5/0 to:
(1) Authorize the City Manager to execute service provider agreement #23-120 with Community Works Design Group LLC in the amount of $139,160 for preparation of a Citywide Playground Master Plan; and
(2) Authorize the City Manager to approve change orders for additional services that may be required in an amount not-to-exceed $10,000.
8. ACCEPTANCE OF DONATION TO PURCHASE TWO ALL-TERRAIN VEHICLES Mayor Pro Tem Sue Kempf pulled this item to publicly thank Laguna Beach residents Steve Chadima and Mark Porterfield for their generous donation to the Laguna Beach Police and Community Foundation.
Lieutenant Cornelius Ashton explained how the ATVs would be utilized by the Police Department.
Public Testimony: Matt Lawson thanked the residents for their generous donation.
Questions of Staff: Lieutenant Cornelius Ashton responded to Councilmember Weiss with the reasons why the Police Department would not be purchasing electric ATVs.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Accept a donation from the Laguna Beach Police and Community Foundation in the amount of $24,000;
(2) Appropriate $24,000 from the Vehicle Replacement Fund to purchase two all-terrain vehicles for the Laguna Beach Police Department with a matching increase in estimated donation revenue; and
(3) Authorize the Mayor to send a thank you letter to the community donors.
RENEWAL OF SERVICE AGREEMENT TO PROVIDE ANIMAL SERVICES TO
LAGUNA WOODS
Authorized the City Manager to enter into a new three-year service agreement (#23-121) between the City of Laguna Beach and the City of Laguna Woods for the provision of animal control, licensing, and shelter services from July 1, 2023, to June 30, 2026.
10. APPROVAL OF LAGUNA BEACH PRIDE EVENT AT LANG PARK
Public Testimony: Craig Cooley, Pride 365, thanked the City Council for the Temporary Use Permit (TUP) to hold the Pride event at Lang Park. He asked for a modification to the TUP, requesting that the event be extended to 10:00 p.m. rather than staff's recommendation of dusk.
Staff Report: Director of Transit and Community Services Michael Litschi discussed staff's recommendations and the rationale for those recommendations.
Questions of Staff: Councilmember Mark Orgill clarified that staff's recommendation that the event end by dusk to account for two hours of breaking down the event, ending at 10:00 p.m.
Councilmember George Weiss voiced concerns of noise after 10:00 p.m. impacting the adjacent senior community at Lang Park and a discussion ensued Mayor Bob Whalen asked about the lights required for the event. Craig Cooley described the proposed lighting for the event. He added that if the event ended at 10:00 p.m., they could finish the breakdown the following morning.
Councilmember Comments: Councilmember Alex Rounaghi stated that he was concerned for the senior residents; however, he said he trusts that the event coordinators would be conscientious of the seniors, and he would support the 10:00 p.m. end time. Mayor Pro Tem Sue Kempf agreed with Councilmember Rounaghi.
Councilmember George Weiss confirmed with Cooley that the adjacent residents would be noticed of the event and would be given free entry.
Councilmember Mark Orgill said he supported inviting the residents to the event.
Mayor Bob Whalen commented that he had some reluctance to approve the modification on the basis of setting a precedence for other events at the public parks.
Moved by Councilmember Alex Rounaghi, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to:
(1) Approve the use of Lang Park by Laguna Beach Pride 365 for the Laguna Beach Pride event on August 12, 2023, from 2:00 p.m. to 10:00 p.m.; (2) Charge event organizers a meter bagging fee of $50 per day, and a field use fee of $25 per hour;
(3) Include a condition of approval that the organizers canvass the adjacent neighborhood advising the residents about the event, and that tear-down occurs the following day.
11. RENEWAL OF SERVICE PROVIDER AGREEMENT FOR LEGISLATIVE
REPRESENTATION AND GRANT SERVICES
(1) Authorized the City Manager to execute service provider agreement #23-122 with Townsend Public Affairs to provide legislative support services in an amount not-to- exceed $66,000 in Fiscal Year 2023-24 and $72,000 in Fiscal Year 2024-25; and (2) Authorized the City Manager to execute service provider agreement #23-123 with Townsend Public Affairs to provide grant seeking and support services for an amount not-to-exceed $78,000 for Fiscal Year 2023-24.
REGULAR ORDER
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12. FLEET ELECTRIFICATION AND ELECTRIC VEHICLE CHARGING
INFRASTRUCTURE MASTER PLAN
Staff Report: Director of Transit and Community Services Michael Litschi gave a presentation discussing fleet electrification plan objectives. ICF Senior Director of Clean Transportation Sam Pouranzeri continued with the presentation, explaining the proposed city vehicle fleet electrification and electric charging infrastructure master plan.
Questions of Staff: Mayor Pro Tem Sue Kempf asked about the need to expand the power grids to handle the increased electrical load. ICF Senior Director of Clean Transportation Sam Pouranzeri explained the future of energy demands and how the State of California would be managing this electrical growth.
Mayor Pro Tem Sue Kempf confirmed with Pouranzeri that ICF had analyzed both leasing and buying options of electric vehicles.
Councilmember George Weiss asked about the anticipated costs of purchasing replacement trolleys as the technology improved. ICF Senior Director of Clean Transportation Sam Pouranzeri answered that the report presented conservative cost estimates based on present- day information, and it would change in the future. Director of Transit and Community Services Michael Litschi added that the current trolleys would each be replaced as they reached the end of their useful life, creating a rolling transition to electric trolleys.
Public Testimony: Chris Prelitz commented that he was pleased the city was moving forward with this plan and he explained that a big hurdle would be getting the infrastructure upgrades and he explained
Judie Mancuso said she supported the conversion of the city's fleet to electric and she offered suggestions.
Councilmember Comments: Councilmember Alex Rounaghi confirmed with Pouranzeri hat the city would require 430 charging stations to support the transition of the fleet to electric. He said it was important to take action, and he suggested utilizing the parking func to install charging stations in public parking lots.
Councilmember Mark Orgill confirmed with Pouranzeri that conversion of the current trolleys to electric would not be practical.
Councilmember George Weiss asked if public charging stations were a revenue source for the city. Director of Transit and Community Services Michael Litschi answered that vehicles in those spaces were only charged for the usage of the charging station and an analysis had not been conducted to determine if they were revenue generating.
City Manager Shohreh Dupuis responded to Councilmember Rounaghi regarding installing charging stations in public parking lots.
Mayor Bob Whalen discussed recommendations three and four in the staff report. He confirmed with staff that the city is exploring partnerships with other agencies in town to install charging stations.
Moved by Mayor Bob Whalen, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to:
(1) Accept the Fleet Electrification and Electric Vehicle Charging Infrastructure Master Plan;
(2) Adopt Resolution #23.040 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING THE ZERO- EMISSION BUS ROLLOUT PLAN," in order to comply with State regulations; (3) Authorize the City Manager to execute an agreement with ICF to develop a multi-stage implementation plan if less than $75,000; otherwise direct staff to return to the Council with recommended procure consultant services to develop a multi-stage implementation plan to transition the City's fleet to electric vehicles, including associated infrastructure and facility improvements, as well as a funding and procurement strategy, with the goal of converting the majority of the City's fleet to electric vehicles by 2035; and (4) Direct staff to prepare a phased funding and implementation plan to install additional electric vehicle charging stations in public parking lots. (5) Appropriate $75,000 from the Parking Fund for contract to develop implementation plan.
13. ZONING ORDINANCE AMENDMENT 21-8780 AND LOCAL COASTAL PROGRAM AMENDMENT 21-8778 TO AMEND LAGUNA BEACH MUNICIPAL CODE SECTION
25.05.040 (DESIGN REVIEW) AND CHAPTER 25.07 (COASTAL DEVELOPMENT
PERMITS) AS MODIFIED AND APPROVED BY THE CALIFORNIA COASTAL COMMISSION ON FEBRUARY 9. 2023, AND EXEMPTION FROM CALIFORNIA
ENVIRONMENTAL QUALITY ACT
Staff Report: Director of Community Development Marc Wiener introduced the item and presented background on the ordinance.
Associate Planner Kevin Parker gave a presentation discussing the zoning ordinance amendment municipal code sections pertaining to design review and coastal development permits (CDP).
Questions of Staff: Mayor Bob Whalen asked about ADUs requiring a CDP. Director of Community Development Marc Wiener responded stating that the city currently requires a CDP for detached ADUs and explained the proposed modifications per the Coastal Commission.
Moved by Councilmember Alex Rounaghi, seconded by Councilmember George Weiss, and carried unanimously 5/0 to introduce the Ordinance accepting 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.
14. ROAD EXTENSION 21-10443 AND COASTAL DEVELOPMENT PERMIT 22-2071 FOR A ONE-FOOT ROAD EXTENSION OF PAVEMENT AT 749 MARLIN DRIVE Mayor Pro Tem Sue Kempf recused herself due to having property within 500 feet of the project.
Staff Report: Senior Planner Chris Dominguez gave a presentation explaining the proposed road extension at 749 Marlin Drive.
Questions of Staff: Councilmember Alex Rounaghi asked about the property owner's right to build on the vacant lot. Senior Planner Chris Dominguez answered that there would be constraints; however, he said it is buildable.
Councilmember Alex Rounaghi confirmed with staff that currently the property owner could not build off of Marlin Way; however, if the City Council approved the road extension, and contingent upon the Design Review process and meeting certain conditions, the property owner would have the right to build off of Marlin Way.
Councilmember Mark Orgill pointed out that the frontage on the Alisos Avenue portion of the property is a viable option to build a home. He asked about placing a condition on an easement. City Attorney Phil Kohn advised about placing conditions on an easement.
Councilmember Mark Orgill clarified with the City Attorney that there was not an outside duration placed on an easement, but rather the acceptance of that easement needed to be made within a designated time. A discussion ensued.
Councilmember George Weiss voiced concerns about building in the open space, and the property being overdeveloped and the impact on the community.
Public Testimony: Greg Vail, representing the property owner, explained the reasons the property owner was requesting the one-foot road extension. He clarified that the approved action would not allow dual access to the lot, but rather it would allow single access to a single lot. Vail explained the degraded water course that would be improved upon as part of a landscape plan. He stated that approval tonight would be a win-win situation for the applicant and the entire Laguna Beach community, and he described.
Councilmember George Weiss asked about the portion of the property that would remain in perpetuity as open space. Greg Vail, representing the property owner, answered that the portion that Councilmember Weiss was referring to could never be built upon per imposed conditions, and a lengthy discussion ensued.
Rachel Berger, Richard Myer, Judie Mancuso, and Bob Armstrong stated that they were opposed to the proposed road extension, and they explained.
Councilmember Comments: Councilmember Alex Rounaghi commented that although he was an advocate for property rights, he stated that land use control was placed on this property to ensure Laguna Beach maintained its open spaces and that approving the road extension would give up the city's right to maintain open space. He said the property owner has a right to develop the buildable portion on the property off of Alisos Avenue.
Councilmember Rounaghi stated that it would not be in the city's interest to allow for a road extension off of Marlin Way.
Councilmember Mark Orgill said he agreed with Councilmember Rounaghi, and he suggested a city policy to protect open spaces in Laguna Beach. He stated that he could not support the approval because it did not fit the pattern of development and there was no neighborhood support.
Councilmember George Weiss stated that he agreed with his colleagues. He said the owner has the right to develop off of Alisos Avenue and he was not in favor of granting the road extension.
Mayor Bob Whalen commented that an environmental analysis, which had not been conducted, would determine if the Alisos or Marlin side of the property would be the least environmentally impactful. He asked if there was anything to preclude the applicant from presenting alternative concepts to the Design Review Board (DRB) with an environmental analysis of both locations. Director of Community Development Marc Wiener responded that because it was not permissible to apply for development off of Marlin, staff would not accept that application because it would not comply with the municipal code. A discussion ensued.
Moved by Councilmember Alex Rounaghi, seconded by Councilmember George Weiss, and carried unanimously 4/0 (Kempf recused) to deny Road Extension 21-10443 and Coastal Development Permit 22-2071 at 749 Marlin Drive, based on an inability to make all the required findings.
COUNCILMEMBER / COMMITTEE REQUEST
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15. CONSIDERATION TO AMEND CITY ORDINANCE PROHIBITING ALL PLASTIC
FILM BAGS AT GROCERY STORES (ENVIRONMENTAL SUSTAINABILITY
COMMITTEE / COUNCILMEMBER WEISS)
Staff Report: Assistant to the City Manager Jeremy Frimond reported on the Environmental Sustainability Committees' recommendation to move forward with a study to prohibit all plastic film bags at grocery stores.
Public Testimony: John Ailers, Hoiyin Ip, Mike Beanan, and Judie Mancuso supported the amendment to the city ordinance prohibiting all plastic film bags at grocery stores and they explained.
Moved by Councilmember Mark Orgill, seconded by Councilmember George Weiss, and carried unanimously 5/0 to direct staff to conduct additional analysis and, if feasible, return with an amended ordinance to ban all plastic bags at grocery stores.
COUNCIL REVIEW
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A. REVIEW OF THE DESIGN REVIEW BOARD APPROVAL OF DESIGN REVIEW 22- 2378, VARIANCE 23-0856. AND CDP 23-0915 AT 466 OAK STREET [COUNCIL
REVIEW REQUIRED DUE TO DESIGN REVIEW BOARD MEMBER CONFLICTI Staff Report: Associate Planner Arlen Beck gave a presentation discussing the Design Review Board's (DRB) approval of Design Review 22-2378, Variance 23-0856, Coastal Development Permit 23-0915, and a CEQA Categorical Exemption at 466 Oak Street.
Mayor Bob Whalen clarified that the standard for review would be based on substantial evidence; however, he stated the variance would fall under de novo review.
Public Testimony: Marshall Ininns, architect for the project, stated that the project had been approved by the DRB four to zero; however, the watercourse under the property had proven difficult. He described the neighborhood concerns regarding the drainage under the property.
Robert Zur Schmiede, neighboring property owner, said he supported sustaining the board's approval; however, he said he would like to add two conditions to the approval. He listed his specifications to ensure a compromise with neighbors.
Robert Johnson, neighbor, voiced concerns about the storm drain and the importance to condition that the homeowner at 466 Oak Street protect the drainpipe under his property in perpetuity.
Mayor Bob Whalen asked Marshall Ininns, architect for the project, to address the public's comments. Ininns responded to the public's comments and a lengthy discussion ensued regarding view impacts and maintenance of the drainpipe.
Louis Weil, applicant, described the history of the drainpipe and a lengthy discussion took place regarding the drainpipe.
Councilmember Comments: Mayor Bob Whalen discussed the motion. He suggested adding the condition that the owner of 466 Oak Street maintain the portion of the pipe under their property in perpetuity. He discussed with Robert Zur Schmiede the necessary conditions regarding limiting vegetation to limit view impacts.
Louis Weil, applicant, responded to maintaining the proposed vegetation condition. Robert Zur Schmiede explained the reason for his request.
Mayor Bob Whalen asked about the concern regarding the second story extension and a discussion ensued.
Councilmember George Weiss stated that he did not see any view loss with the second story extension, and he voiced concerns about the drainpipe.
Councilmember Alex Rounaghi commented that he did not see evidence to support reducing the second story addition for view purposes.
Councilmember Mark Orgill discussed view equity, adding that it was difficult to preserve views when homes were going from one to two stories.
Mayor Bob Whalen raised concerns about vegetation and a discussion ensued.
Moved by Mayor Bob Whalen, seconded by Councilmember Alex Rounaghi, and carried unanimously 5/0 to sustain the Design Review Board's approval of Design Review 22-2378, Variance 23-0856, Coastal Development Permit 23-0915, and a CEQA Categorical Exemption at 466 Oak Street, with the added conditions that the owner of 466 Oak Street protect the portion of the drainage pipe on that property in perpetuity, and that the landscaping in the front not exceed the existing front ridge line and not exceed adjacent ridgeline elevations in the side and back yard, except for the existing Elm tree in the back yard, which is allowed to remain as is, but laced periodically.
PUBLIC HEARING FOR APPEAL
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A. APPEAL OF APPROVAL OF DESIGN REVIEW 22-1621 AND COASTAL DEVELOPMENT PERMIT 22-1622 FOR A NEW SINGLE-FAMILY RESIDENCE AT 761 NYES PLACE IN THE R-1 (RESIDENTIAL LOW DENSITY) ZONE Staff Report: Community Development Director Marc Wiener gave a presentation on the project to build a single-family home at 761 Nyes Place.
Testimony is Support of the Appeal: Nancy Csira, representing the appellants, explained the appellants' basis for the appeal. She explained the two modifications to the design that would help mitigate their privacy concerns. Tiffany Tran, Dr. Frank Tran, Tania Tran, and Stacey Tran described their concerns with privacy as a result of the proposed kitchen window.
Testimony in Opposition to the Appeal: Jim Conrad, architect for the project, described the kitchen window and said that while he appreciated the appellant's concerns, he did not believe they were warranted. Dr. Anjan Patra, homeowner and applicant, explained that they had met with the neighbors, and they had made many concessions. He stated that the Tran family had requested changes, to reduce the upper deck and to curve the kitchen window, as it was now being proposed. Patra said many modifications had been made to accommodate the neighbors and he did not believe the kitchen window would invade their privacy, and he described.
Rebuttal: Nancy Csira, representing the appellants, explained the window concerns and she asked that the reducing of the deck be included in the conditions of approval.
Mayor Bob Whalen asked about the solution to plant the two trees in front of the kitchen window to block the neighbor's window. Jim Conrad, architect for the project, responded that the view was angular, and the trees would be placed in direct view between the two windows, and he explained. He confirmed that the deck reduction was a condition of approval from the DRB hearing.
Councilmember George Weiss confirmed with Conrad that the windows were not directly across from one another.
Questions of Staff: Mayor Bob Whalen asked about the need for further revisions to the project by consultants. Director of Community Development Marc Wiener answered that consultants would provide additional information to ensure the project complied with the two-hour firewall and tempered glass. Building Official Dennis Bogle commented that the building code did allow for the Building Official to approve the alternate means and methods if it was consistent with the building code.
Councilmember Comments: Mayor Pro Tem Sue Kempf commented that if the neighbors had privacy concerns, they should pull down the blinds. She said the applicants had made many concessions for the neighbors.
Councilmember George Weiss stated that he did not see a substantial privacy issue and the natural view from the kitchen was not at the neighbor's window. He suggested installing a curtain that closed from the bottom up, which would mitigate any privacy concerns.
Councilmember Alex Rounaghi said that he agreed with his colleagues; the DRB made a good decision, and he did not see an abuse of discretion.
Mayor Bob Whalen confirmed with appellant's representative that the appellant did want the trees planted, but they wanted it placed in front of the window and not back between the two windows.
Moved by Councilmember George Weiss, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to deny the appeal and sustain the Design Review Board's approval of Design Review 22-1621 and Coastal Development Permit 22-1622 at 761 Nyes Place.
ADJOURNMENT
There being no further business, Mayor Whalen at 11:31 p.m.., Tuesday, June 27, 2023, adjourned to the Closed Session at 4:00 p.m. and to the hybrid virtual/in-person Regular City Council Meeting at 5:00 p.m. on Tuesday, July 11, 2023, at City Hall, 505 Forest Avenue, Laguna Beach California. ***** ***
Approved: July 11, 2023
Bob Whalen, Mayor
Mu
NOTE: THE MEETING MINUTES REPRESENT ACTIONS TAKEN DURING THE MEETING OF THE CITY COUNCIL. DISCUSSIONS THAT OCCURRED DURING THE
MEETING CAN BE VIEWED IN ARCHIVED VIDEO RECORDINGS ON THE CITY'S WEBSITE AT LAGUNABEACHCITY.NET/MEETINGS. PUBLIC SUBMITTALS ON
ITEMS ARE RETAINED IN THE ADMINISTRATIVE RECORD AND CAN BE VIEWED IN THE CITY CLERK'S REPOSITORY AT LAGUNABEACHCITY.NET
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
June 27, 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, June 27, 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 11:31 p.m., Tuesday, June 27, 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, July 11, 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 28th day of June 2023.
HOT LACUMBER Cuilke
NCORPORATEO
JUNE 29. 192)
Lai
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, June 27, 2023, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on June 28, 2023, at the hour of 10:15 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.
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