Laguna Beach City Council Minutes July 25, 2023
MINUTES
LAGUNA BEACH CITY COUNCIL
HYBRID VIRTUAL/IN-PERSON REGULAR MEETING
July 25, 2023
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was 3, in the City Hall, 505 Forest Avenue, Laguna Beach
called to orday or Talen preuldi25, 2023
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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Public Employment (pursuant to Government Code section 54957(b)) - City Attorney. Discussion regarding anticipated retirement of City Attorney and selection process for appointment of new City Attorney.
Confer with Real Property Negotiators (pursuant to Government Code section 54956.8) - one item: lease rate and terms of payment for City-owned real property located at 31796 Coast Highway; authorized City negotiator is Shoreh Dupuis, City Manager; tenant is Laguna Beach Dental Group.
Conference with Legal Counsel Regarding Existing Litigation (pursuant to Government Code section 54956.9(d)(1)): one item - semi-annual report of pending civil litigation: Chen and Koyanagi v. City of Laguna Beach [Orange County Superior Court Case Nos. 30-2021-01238322 and 30-2022-01241426]; Dornin v. City of Laguna Beach [Orange County Superior Court Case No. 30-2021-01183025]; Historic Architecture Alliance v. City of Laguna Beach [Orange County Superior Court Case No. 30-2021-01182450; Court of Appeal Case No. G061671]; Laguna Beach Company v. City of Laguna Beach [Orange County Superior Court Case No. 30-2022-01291759; Laguna Beach Historic Preservation Coalition v. City of Laguna Beach [Orange County Superior Court Case No. 30-2021-01178477; San Diego County Superior Court Case No. 37-2022- 00041130]; Laguna Beach Historic Preservation Coalition v. City of Laguna Beach [Orange County Superior Court Case No. 30-2021-01235816]; Lustig v. City of Laguna Beach [U.S.
District Court Case No. 8:22-cv-01945]; Ross v. City of Laguna Beach [Orange County Superior Court Case No. M-20291].
City Attorney Phil Kohn reported that all Councilmembers were present and participated in the discussions, and there was no reportable action taken on the first item dealing with public employment, the Council provided direction to staff on the item regarding real property negotiations, and there was no reportable action on the item regarding the semi-annual status report on pending civil litigation.
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PUBLIC COMMUNICATIONS
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Ganka Brown speculated on reasons the City Manager has been targeted by certain people.
Craig McKessar, Jack McKeown, and Todd Greene requested that the Council have a study completed on the delay the approved speed table for Bluebird Canyon Drive would cause those evacuating in an emergency.
Erin Slattery, Laguna Beach Chamber of Commerce, announced upcoming Chamber events.
Mike Beanan and Jinger Wallace presented the winning submittals for the Annual Bluebelt Photo Contest.
Jayne Du spoke on Senate Bill 1383 and the issue of plastic mixed with food waste.
Gary Kasik, Sensible Laguna, requested an update on the City's efforts to locate a possible location for a pool so he can convey that information at the next Laguna Beach Unified School District meeting.
Ann Christoph and Cathy Jurca provided a presentation explaining their concerns with the Coast Liquor renovation. Carolyn Smith Burris, whose family previously owned the property, Anne Frank, Tim Davis, and Anne Caenn, Village Laguna, agreed. Mary Carter opined that the store looks fabulous.
Pat Gallis requested an update on the CEQA-related lawsuits.
Marc Cohen and Mahender Makhijani, MOM CA Investco, commented on the most recent civil dispute regarding the property at 777 Laguna Canyon Road, expressing displeasure at the City's stance. Chris Catsimanes and Michele Monda reiterated their outrage regarding the City's handing of the civil disputes between the two entities.
Morris Skenderian offered to advise the City on maintenance needed at the Laguna Beach Community and Susi Q Senior Center. He also advised that Hotel Laguna is continuing to privatize the beach in front of the hotel.
Michele Monda expressed concerns about what she perceived as a lack of transparency within the city government.
Margaret commented on the past election and encouraged kindness.
Tony Fisch and Rio Angelina expressed concerns regarding the delay in mitigation for Fuel Modification Zone 19 in the Alta Vista neighborhood.
Jacob Cherub expressed concerns regarding the future of Providence Mission Hospital Laguna Beach.
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COUNCIL AND STAFF REPORTS
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City Treasurer Laura Parisi reported on a meeting she had with colleagues where they discussed Max Q, investment strategies, and comparing investment returns. Parisi also announced that she has been nominated to speak at a training session in February for CDIAC (California Debt and Investment Advisory Commission). Parisi also advised that she will not be at the August 22 City Council meeting.
City Manager Shoreh Dupuis advised that the Citizens' Audit Review and Investment Advisory Committee this Thursday will discuss the items mentioned by City Treasurer Laura Parisi regarding investments.
Regarding the Bluebird Canyon speed table, City Manager Shoreh Dupuis noted that its impact to evacuation times was noted, and the Council opted to approve its installation.
Regarding Du's comments related to SB 1383, City Manager Shoreh Dupuis advised that Director of Public Works & Utilities Mark McAvoy will follow up with her.
Regarding the status of the Coast Liquor renovations, the Council directed staff to provide the Council a memo.
City Manager Shoreh Dupuis advised that Director of Public Works & Utilities Mark McAvoy will follow up with Morris Skenderian regarding his maintenance concerns about the Laguna Beach Community and Susi Q Senior Center.
Community Development Director Marc Wiener reported that Hotel Laguna has a vested rights claim with the California Coastal Commission, who is handling enforcement on the beach privatization issue.
Community Development Director Marc Wiener explained the differences between CEQA (California Environmental Quality Act) requirements for Fuel Modification Zone 19 versus development projects. Fire Chief Niko King provided a status update on the extensive permitting process for the Zone.
City Attorney Phil Kohn advised that there is no change in the CEQA-related lawsuits; for the Kirby case, the Court of Appeal hearing was on June 20, and the court has 90 days to render a decision.
Councilmember George Weiss encouraged everyone to see this year's Pageant of the Masters, and reported on the general enjoyment of the Music in the Park. Councilmember Weiss commented on the need for trees. He also asked if Coast Liquor's E rating could be compromised by the changes that have occurred.
Councilmember Mark Orgill commented on the Historic Committee's efforts to encourage people to put their properties on the historic register.
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Councilmember Alex Rounaghi reported on attending the State of the County and noted that CARE Court launches in the fall. Councilmember Rounaghi praised the lifeguards for a successful transition in South Laguna and thanked staff for resolving the skimboarding issue. He also commented on Wigz, the new sandwich shop, and asserted that parking must be decoupled from use throughout the whole city to enable such small businesses to open in Laguna. Councilmember Rounaghi also commented on the city's unmatched trolley and local on-demand transportation.
Mayor Pro Tem Sue Kempf reported that she and Mayor Bob Whalen have looked at potential options for pool sites and will continue the process. Regarding Hotel Laguna, she reported that people have advised her that there is deep trenching in their efforts to privatize the beach. Mayor Pro Tem Kempf praised the work done for the Bluebird Canyon widening project, and suggested that staff investigate the possibility of updating the evacuation model to include the speed table's affect. She also commented on Wigz.
Mayor Bob Whalen reported that Seth Teigen, Providence Mission Hospital's CEO, advised him that they are still gathering data and hope to have a report for the subcommittee after Labor Day, and for the full Council around October/November, reiterating that the hospital is not closing, but changing its mix of services. Regarding Fuel Modification Zone 19, Mayor Bob Whalen noted that the City has done more to address fire safety in the last few years than what was down in the last few decades; however, he shares the frustration of the CEQA process for fuel modification, and would support changes in State law. Regarding loud vehicle enforcement, Mayor Bob Whalen commented that the noise seems better this summer.
Police Chief Jeff Calvert provided a status update on the enforcement efforts to address loud vehicle noise and speeding.
CONSENT CALENDAR
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Moved by Councilmember Alex Rounaghi, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to approve items 1-3 and 6-9.
MINUTES OF THE CITY COUNCIL MEETING
Approved the Minutes of the Regular Meeting of the City Council of July 11, 2023.
WARRANT LISTING
Warrants: $9,627,725.08 07/07/2023
$ 133,570.23 06/28/2023
$9,761,295.31
Payroll #1 $2,134,769.80 07/14/2023
Total $11.896.065.11
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CLAIMS AGAINST THE CITY
(1) Rejected claim #23-02 filed by Coral Mines; and
(2) Rejected claim #23-15 filed by EBR Trust.
AWARD OF CONTRACT FOR DESIGN SERVICES FOR FIRE STATION 4 Councilmember Alex Rounaghi pulled this item to receive an update from staff.
Staff Report: Assistant Director of Public Works Tom Perez gave a presentation updating the City Council on the progress of the project and the award of contract for design services for Fire Station 4.
Questions of Staff: Councilmember Alex Rounaghi asked how the design of the new building considered view impacts to the neighborhood. Assistant Director of Public Works Tom Perez responded that the design was based on public safety needs.
Councilmember George Weiss confirmed with staff that six fire personnel would be on hand at the fire station.
Public Testimony: Scott Sebastian, South Laguna Civic Association, stated that they fully support the new Fire Station 4; however, he encouraged more community participation on the design of the building. Ann Christoph voiced her concerns about the design review process and the lack of public input. Cathy Jurca described her concerns with the environmental impact of the project and the need for community feedback. Morris Skenderian raised concerns about the contract award process, and he highlighted the need for community outreach. Jacob Cherub stated that he concurred with the previous public comments. Anne Caenn, Village Laguna, described the need for public input into the design process.
Councilmember George Weiss confirmed with Skenderian that there were no local architects qualified to design a fire station.
John Thomas voiced concerns about delays in the project resulting from the concerns raised by the prior speakers.
Matt Lawson stated that although he appreciated the prior speakers' concerns, he urged the City Council to move forward with the project to ensure public safety for Laguna Beach.
Councilmember Comments: Councilmember Alex Rounaghi stated that while he appreciated the public comments, he said that the primary goal was to design a fire station that addresses the needs of our firefighters to effectively respond to the community's demands. He commented that he hoped in moving forward that the residents would be engaged in the design process when appropriate, and he said he supported staff's recommended action.
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Councilmember George Weiss commented that he did not support the recommended action because of the need to engage public input on the design.
Mayor Pro Tem Sue Kempf stated that she supported awarding the contract, per staff's recommendation; however, she suggested holding a public meeting after the summer to discuss design concerns.
Councilmember Mark Orgill said the primary goal of public safety could be met while allowing for public input into the design of the building. He voiced concerns that residents sensed they were being left out of the design review process with major projects in town and it was important to address the public input process.
Mayor Bob Whalen commented that community input was necessary; however, he stressed the importance of designing a fire station that provides all of the functions required to service the needs of the entire community. He suggested staff meet with South Laguna stakeholders and the local architect community to assess their concerns, followed by staff discussing those concerns with the project architect firm. Mayor Whalen stated that at that point, a public meeting could be held to engage additional input. He said he supported hearing the residents' design concerns on the frontend of the project.
Councilmember George Weiss confirmed with local architect, Morris Skenderian, that he would be pleased to participate in the public input design process and work with the architect firm to ensure a fire station design that combines functionality and aesthetics.
Moved by Mayor Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Award and authorize the City Manager to execute contract #23-136 with PBK Architects in the amount of $635,000 for professional conceptual and design services for Fire Station #4;
(2) Authorize the City Manager to approve change orders for additional services that may be required in an amount not-to-exceed $60,000; and
(3) Direct staff to meet with South Laguna residents and the local architect community through Morris Skenderian to obtain community input, and have one public workshop, after the summer season.
PARKING, TRAFFIC, AND CIRCULATION COMMITTEE RECOMMENDATIONS Public Testimony: Jacob Cherub voiced concerns about the lack of public input and the basis for the Parking, Traffic and Circulation (PTC) Committee recommendation on Cleo Street.
Director of Public Works Mark McAvoy responded to Cherub's comments and explained the PTC recommendation process.
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Councilmember Alex Rounaghi, PTC City Council liaison, stated that the recommendation was based on a Conditional Use Permit that was part of the public process.
Moved by Councilmember Alex Rounaghi, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Approved the Parking, Traffic, and Circulation Committee's recommendation to install 10-minute parking and golf cart parking on Jasmine Street by adopting Resolution #23.049 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA BEACH, CALIFORNIA, ESTABLISHING TEN-MINUTE PARKING
AND GOLF CART PARKING ON JASMINE STREET SOUTHWESTERLY OF NORTH COAST HIGHWAY";
(2) Approved the Parking, Traffic, and Circulation Committee's recommendation to establish a combination commercial and passenger loading zone on Cleo Street by adopting Resolution #23.050 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, ESTABLISHING A
COMMERCIAL AND PASSENGER LOADING ZONE ON CLEO STREET
NORTHEASTERLY OF SOUTH COAST HIGHWAY"; and
(3) Approved the Parking, Traffic, and Circulation Committee's recommendation to install a parking restriction on Madison Place by adopting Resolution #23.051 titled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH,
CALIFORNIA, ESTABLISHING PARKING RESTRICTIONS ON MADISON PLACE WESTERLY OF SMITH WAY."
6. ADOPTION OF ORDINANCE REZONING 26 PARCELS OBTAINED THROUGH PROPOSITION 12 FUNDING TO OPEN SPACE
(1) Adopted Ordinance #1689 titled, "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING ZONING
ORDINANCE AMENDMENT 2023-0659, UPDATING THE ZONING MAP"; and (2) Adopted Resolution #23.052 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT (GPA) 2023-0658 AND LOCAL COASTAL PROGRAM (LCP) AMENDMENT 2023-0660, UPDATING THE LAND USE MAP AND ZONING MAP."
LEASE AGREEMENT FOR BODY WORN & VEHICLE CAMERAS, AND DIGITAL
EVIDENCE MANAGEMENT SOFTWARE
Awarded and authorized the City Manager to execute a 10-year agreement (#23-137) with Axon Enterprise, Inc. of Scottsdale, Arizona, for the purchase, installation, and maintenance agreement of body-worn cameras, in-car video systems, tasers and related hardware, software, and services for a not-to-exceed amount of $240,410 in Fiscal Year 2023-24 and $2.2 million over 10 years.
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AWARD OF CONSTRUCTION CONTRACT FOR THE PARK AVENUE
UNDERGROUND UTILITY DISTRICT PROJECT
(1) Awarded and authorized the City Manager to execute contract #23-138 with Asplundh Construction, , in the amount of $1,118,114, for the Park Avenue Underground Utility District;
(2) Awarded and authorized the City Manager to execute contract #23-139 with KOA Corporation, in the amount of $82,896, for construction inspection services; and (3) Authorized the City Manager to approve project related expenses and construction change orders for unforeseen circumstances for an amount not-to-exceed $180,000.
AWARD OF CONSTRUCTION CONTRACT FOR MOSS STREET BEACH ACCESS
IMPROVEMENTS
(1) Awarded and authorized the City Manager to execute contract #23-140 with Wright Construction Engineering Corp, in the amount of $1,758,650, for the Moss Street Beach Access Improvements;
(2) Awarded and authorized the City Manager to execute contract #23-141 with PreScience, a Bureau Veritas Company (PreScience), in the amount of $272,890, for construction management and inspection;
(3) Authorized the City Manager to approve project-related expenses and construction change orders for unforeseen circumstances for an amount not-to-exceed $200,000; (4) Authorized the City Manager to execute funding agreements between the City and the State of California to accept the Assembly Bill 102 funding for the Moss Street Beach Access Improvements; and
(5) Accepted the funding for Moss Street Beach Access by appropriating $1,225,000 for the Moss Street Beach Access Improvements Project and a matching increase in estimated grant revenue.
REGULAR ORDER
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10. PLACEMENT OF SEWER SERVICE AND RESIDENTIAL SOLID WASTE
COLLECTION FEES AS SPECIAL ASSESSMENTS ON THE COUNTY TAX ROLL Staff Report: Director of Finance and Technology Julie Nemes stated that this item was an annual assessment, and she explained the process.
Moved by Councilmember Alex Rounaghi, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to confirm the assessments for sewer service and residential solid waste collection and authorize the transmittal of these assessments to the County of Orange for placement on the 2023-24 County Tax Roll.
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11. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING THE
LAGUNA BEACH MUNICIPAL CODE RELATED TO DOG BARKING, TYING
ANIMALS TO MOVING VEHICLES OR BICYCLES, AND THE PROCESS FOR
DECLARING AN ANIMAL TO BE VICIOUS AND/OR A PUBLIC NUISANCE Staff Report: Professional Services Administrator Jim Beres gave a presentation on the proposed amendments to Title 6 of the municipal code relating to dog barking, tying animals to moving vehicles or bicycles, and the process for declaring an animal vicious and/or a public nuisance.
Public Testimony: Penelope Milne, professional dog trainer, suggested animal control monitor the barking dog nuisance amendment. She discussed the hearing process.
Susan Hamil commented on the importance of dogs barking for security purposes.
Professional Services Administrator Jim Beres responded to the comment regarding the hearing process and utilizing an independent hearing officer.
Councilmember Comments: Mayor Bob Whalen requested staff amend the process for declaring an animal to be vicious and/or a public nuisance, specifying "domestic" animals as appropriate.
Moved by Mayor Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to introduce the Ordinance amending portions of Title 6 of the Laguna Beach Municipal Code related to dog barking, tying animals to moving vehicles or bicycles, and the process for declaring an animal to be vicious and/or a public nuisance, specifying domestic animals as appropriate, by 1) asking the City Clerk to read the title of the Ordinance; and 2) approving a motion to waive further reading of the Ordinance and to pass it to a second reading.
12. AFFORDABLE HOUSING OPPORTUNITY SITES AND HOUSING ELEMENT
PROGRAMS UPDATE
Staff Report: Housing Program Coordinator Jennifer Savage gave a presentation updating the City Council on the Affordable Housing Opportunity Sites and Housing Element.
Questions of Staff: Councilmember George Weiss asked about Accessory Dwelling Units (ADUs) and their impact on Affordable Workplace Housing. Housing Program Coordinator Jennifer Savage responded that there was no program in place to track the affordability level of ADUs; however, she said there are assumptions that had been made and the city was on track to exceed its 2029 goal of 120 ADUs.
Councilmember Alex Rounaghi suggested sampling several ADUs in town to determine their affordability level.
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Public Testimony: A member of the public asked about the city purchasing the rundown buildings on Ocean Avenue and turning them into affordable housing.
Anne Caenn asked if there were a process in place whereby residents could donate their properties to the city for affordable housing. Cody Engle, Housing and Human Services Committee, responded to the prior speaker's question stating that the committee was currently working on structuring a nonprofit organization that could accept donations for low-income housing. He urged the City Council to pursue the Vista Aliso property for affordable housing purposes. Steve Kellenberg remarked on the Vista Aliso and the Bus Yard properties as potential affordable housing sites. Ann Christoph voiced concerns about converting a city park into affordable housing projects. Cathy Jurca commented on Vista Aliso as senior affordable housing versus family affordable housing. Todd Coddle, C&C Development, commented on the viability of proceeding with the option of utilizing the Vista Aliso property for affordable housing.
Councilmember Comments: Councilmember Alex Rounaghi suggested appointing an ad hoc committee with the Laguna Beach Unified School District (LBUSD), city attorney, mayor, city manager and himself to work on possible solutions to extend the Vista Aliso lease; and direct staff to work with the Housing & Human Services Committee on a process to move forward on the Ocean Avenue site.
Moved by Councilmember Alex Rounaghi, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to:
(1) Create an ad hoc committee consisting of Councilmember Alex Rounaghi and Mayor Bob Whalen, along with the City Manager and City Attorney, to work with the Laguna Beach Unified School District on extending the Vista Aliso lease; and (2) Direct staff to work with the Housing & Human Services Committee on a process to move forward on the Ocean Avenue site.
13. ZONING ORDINANCE AMENDMENT 21-8238 AND LOCAL COASTAL PROGRAM AMENDMENT 21-8239 AMENDING LAGUNA BEACH MUNICIPAL CODE
CHAPTER 25.17 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS), AS MODIFIED BY THE CALIFORNIA COASTAL
COMMISSION ON FEBRUARY 9, 2023, CORRECTING MINOR OMISSIONS FROM THE ADOPTION ON MAY 16, 2023, AND APPROVAL OF EXEMPTION FROM
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Report: Director of Community Development Marc Wiener gave a presentation explaining the reason for the proposed amendment to the recently adopted zoning ordinance Chapter 25.17, regarding Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).
Questions of Staff: Mayor Bob Whalen asked about the amendment to 25.17.030(A)(3), General Provisions. Director of Community Development Marc Wiener clarified ADUs as they pertain to bluff top, beach front and coastal canyons. -10-
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Public Testimony: Cody Engle highlighted that the parking replacement for garage conversions specified by the Coastal Commission would be potentially burdensome, and he explained.
Moved by Mayor Bob Whalen, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to:
(1) Introduce the Ordinance correcting minor omissions from the Ordinance adopted on May 16, 2023, amending the City's Municipal Code and the City's Local Coastal Program as described in this Agenda Report, directing staff to clarify referenced Coastal Act Agenda, port a recing sections in 25.17.030(A)(3), 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; and
(2) Adopt Resolution #23.053 titled, "A RESOLUTION OF THE CITY COUNCIL OF
LAGUNA BEACH, CALIFORNIA, ACKNOWLEDGING RECEIPT OF THE
CALIFORNIA COASTAL COMMISSION'S CERTIFICATION; ACCEPTING AND AGREEING TO THE SUGGESTED MODIFICATIONS; AMENDING LAGUNA BEACH MUNICIPAL CODE CHAPTER 25.17 (ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS), AS MODIFIED BY THE CALIFORNIA COASTAL COMMISSION ON FEBRUARY 9, 2023, CORRECTING MINOR OMISSIONS FROM THE ADOPTION ON MAY 16, 2023, 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"
14. SERVICE PROVIDER AGREEMENT FOR DOWNTOWN SPECIFIC PLAN UPDATE
PHASE II ENVIRONMENTAL REVIEW
Staff Report: Principal Planner Anthony Viera gave a presentation describing the service provider agreement for the Downtown Specific Plan (DSP) Update Phase II Environmental Review.
Director of Community Development Marc Wiener added that housing in the downtown would continue to be considered, and he discussed the benefits of conducting an Environmental Impact Report (EIR).
City Manager Shoreh Dupuis explained the fee proposed by the consultant.
Questions of Staff: Councilmember Mark Orgill stated that the 36-foot height limit should be applied to housing.
Councilmember George Weiss confirmed with staff that the original estimate of creating 200 to 400 housing units in the downtown was far-reaching. Councilmember Alex Rounaghi added that the EIR would study where there would be housing opportunities in the downtown.
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Councilmember Mark Orgill urged that the 5,000-foot lot merger standard in the Arts District be revisited in the DSP.
Councilmember Alex Rounaghi asked about the process for preparing the DSP and the EIR. Director of Community Development Marc Wiener responded that the two would be prepared concurrently, and a discussion ensued.
Councilmember Mark Orgill confirmed with staff that the project would be completed in 12 months and then would go to the California Coastal Commission (CCC).
Director of Community Development Mare Wiener stated that a parking program in the downtown area would also need to be reviewed by the CCC Public Testimony: Cathy Jurca asked about EIR costs and if a historic resources analysis would be conducted as part of the EIR. Director of Community Development Marc Wiener responded to Jurca's questions.
Councilmember Comments: Mayor Bob Whalen requested that the residents be given adequate opportunities to provide their input, and to publicize those meetings early into the process.
City Manager Shoreh Dupuis recommended implementing a robust public outreach program utilized for large projects, and she described.
Councilmember George Weiss confirmed with staff that the city would be conducting a comprehensive EIR.
Moved by Councilmember Alex Rounaghi, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to:
(1) Authorize the City Manager to execute service provider agreement #23-142 with CSG Consultants in the amount of $350,732 for the preparation of a Program Environmental Impact Report for the Downtown Specific Plan Update Phase II project; and
(2) Authorize the City Manager to approve change orders for additional services that may be required in an amount not-to-exceed $30,000.
COUNCILMEMBER ITEM
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15. CONSIDER AN UPDATE TO THE TRANSPORTATION, CIRCULATION AND
GROWTH MANAGEMENT ELEMENT, RECONSIDER THE ROLES AND
RESPONSIBILITIES OF THE PARKING, TRAFFIC, AND CIRCULATION
COMMITTEE, AND ESTABLISH A CITYWIDE SAFETY PLEDGE (ROUNAGHI) Staff Report: City Engineer Mark Trestik gave a presentation about updating the Transportation, Circulation and Growth Management Element; establishment of a Citywide -12-
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Safety Pledge; and reconsideration of the roles and responsibilities of the Parking, Traffic & Circulation (PTC) Committee.
Councilmember Alex Rounaghi commented on the rationale for hearing this item tonight.
He thanked the PTC Committee for working to make Laguna Beach a safer city.
Councilmember Comments: Mayor Bob Whalen advised that the City Council should not create an overburdensome workplan for the PTC Committee, and the update to the Element should be considered in the future.
Mayor Pro Tem Sue Kempf stated that she agreed with Mayor Whalen that because the PTC Committee is not a policy body, its workload should be limited and focused on complaint-driven issues. A discussion ensued.
City Manager Shoreh Dupuis described the Citywide Safety Pledge.
Public Testimony: Jim Danzinger, PTC Committee, commented that the committee currently has limited responsibilities and they would welcome the opportunity to offer ideas to mitigate the City's traffic and circulation problems.
Moved by Councilmember Alex Rounaghi, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Direct staff to determine the timing and resources needed to update the City's Transportation, Circulation and Growth Management Element for City Council to consider at a future meeting;
(2) Reconsider the roles and responsibilities for the Parking, Traffic and Circulation Committee, and direct staff to work with the committee on the establishment of an official work plan for City Council review and consideration at a future meeting; and (3) Direct staff to return with the timing and resources needed to develop and implement a Citywide Bicyclist, Driver and Pedestrian Safety Pledge to build community awareness and encourage safe behavior related to the use of streets in the City.
COUNCIL REVIEW
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A. CITY COUNCIL REVIEW OF THE DESIGN REVIEW BOARD APPROVAL OF DESIGN REVIEW 23-0707 AND CATEGORICAL EXEMPTION PURSUANT TO
CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR A DECK EXTENSION IN THE R-1 (RESIDENTIAL LOW DENSITY) ZONE AT 2085 TEMPLE HILLS DRIVE (WEISS)
Councilmember George Weiss described his reasons for reviewing the approval of a deck extension at 2085 Temple Hills Drive. He stated that he believed the Design Review Board (DRB) errored in its decision.
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City Attorney Phil Kohn explained the City Council Review process, stating that the standard of review would be an abuse of discretion.
Staff Report: Director of Community Development Mare Wiener gave a presentation briefly describing the project at 2085 Temple Hills Drive.
Questions of Staff: Councilmember George Weiss asked about the prior approval for a smaller deck, and he described his concerns with the DRB decision to allow for a larger deck. Director of Community Development Marc Wiener responded that from the staff's point of view, the prior approval conformed with prior plans. He said that the DRB applied the design guidelines, and they determined that the proposed deck expansion would not create a privacy impact on the neighbor.
Public Testimony in Support of the Review: David Dyrnaes, neighbor, commented that his concerns were not just with the deck extension, but with the process conducted by the Community Development Department, and he explained.
Public Testimony in Opposition of the Review: Karlo Toorosian, applicant and homeowner, explained that the proposed deck extension did not impact the neighbor's privacy and there had been no error in the DRB's decision to approve the project. Mrs.
Toorosian stated that the project had been approved by the DRB 5-0 and there was no privacy impact on the neighbor.
Rebuttal: David Dyrnaes, neighbor, said the deck extension would impact their view and privacy. He said the DRB process required more overlook and less discretion.
Director of Community Development Marc Wiener commented on the repair of the deck and the stop work order.
Councilmember George Weiss asked Wiener to address the Community Development Department process allegations. Director of Community Development Marc Wiener clarified that no unpermitted work had been conducted on the project, and he explained.
Mayor Bob Whalen asked the City Attorney how the City Council should consider their decision when unpermitted work had been performed. City Attorney Phil Kohn responded that the application needed to be judged by its merits.
Director of Community Development Marc Wiener clarified again that no work had been conducted that had been unpermitted
Councilmember Comments: Councilmember Alex Rounaghi stated that each of the DRB members reviewed the design criteria and determined there were no privacy issues and after visiting the property, he concurred with the DRB. He said there had been no abuse of discretion by the DRB.
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Mayor Pro Tem Sue Kempf commented that she agreed with Councilmember Rounaghi.
She added that she did not support the Councilmember Review process and she explained.
Councilmember George Weiss stated that the City Council had a right to review projects and that based on the misinformation that was given to the DRB, this was an abuse of discretion.
Councilmember Mark Orgill said he did not see a reason to deny the ability for the applicants to expand their deck.
Mayor Bob Whalen commented that he did not see an abuse of discretion by the DRB and he would sustain the DRB approval of the project.
Moved by Councilmember Alex Rounaghi, seconded by Mayor Pro Tem Sue Kempf, and carried 4/1 (Councilmember George Weiss dissented) to sustain the Design Review Board's approval.
ADJOURNMENT
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There being no further business, Mayor Whalen at 10:28 p.m., Tuesday, July 25, 2023, adjourned to the Closed Session at 3:00 p.m., Joint City Council/Design Review Board Meeting at 4:00 p.m., and to the hybrid virtual/in-person Regular City Council Meeting at 5:00 p.m. on Tuesday, August 8, 2023, at City Hall, 505 Forest Avenue, Laguna Beach California. **** ***
Approved: August 22, 2023
Bob Whalen, Mayor
City Clerl
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.
-15-
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
Jully 25, 2023
****************
The hybrid virtual/in-person Regular Meeting of the City Council of the City of Laguna Beach was held at 5:00 p.m., Tuesday, July 25, 2023, in the City Council Chambers, 505 Forest Avenue, Laguna Beach, California.
***************
PRESENT COUNCILMEMBERS: Orgill, Rounaghi, Weiss, Kempf, Whalen PARTICIPATING REMOTELY: None
ABSENT: COUNCILMEMBERS: None
ADJOURNMENT
***************
There being no further business, Mayor Whalen at 10:28 p.m., Tuesday, July 25, 2023, adjourned to the Closed Session at 3:00 p.m., Joint City Council/Design Review Board meeting at 4:00 p.m., and hybrid virtual/in-person Regular City Council Meeting at 5:00 p.m., Tuesday, July 25, 2023, at City Hall, 505 Forest Avenue, Laguna Beach, California. ***************
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF LAGUNA BEACH
I, Ann Marie McKay, City Clerk of the City of Laguna Beach, California, do hereby certify that the foregoing is a full, true, and correct copy of the Minute entry on record in my office. IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Laguna Beach, California, on this 26th day of July 2023.
CERTIFICATE OF POSTING
NOTICE OF ADJOURNMENT
****************************
I, Ann Marie McKay, City Clerk of the City of Laguna Beach, California, DO CERTIFY that at the hybrid virtual/in-person Regular Meeting of the City Council held on Tuesday, July 25, 2023, ATTACHED HERE, and out on to th 26,2023, arce spur of 9:15 a.m, cop of toe Notice, was posted at a conspicuous place on or near the door of the place at which said meeting of the City Council was held
CuUK
City Clerk of the Gily of Laguna Beach, California