Laguna Beach City Council Minutes August 8, 2023
MINUTES
LAGUNA BEACH CITY COUNCIL
HYBRID VIRTUAL/IN-PERSON REGULAR MEETING
August 8, 2023
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, August 8, 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
Mayor Pro Tem Sue Kempf led the Pledge of Allegiance.
CLOSED SESSION
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Confer with Legal Counsel Regarding Significant Exposure to Litigation (pursuant to Government Code section 54956.9(d)(2)) - one item: complaint alleging conduct of Councilmember George Weiss constituting harassment and creating hostile work environment.
Confer with Real Property Negotiators (pursuant to Government Code section 54956.8) - one item:
rice and terms of payment for potential disposition of City-owned real property located at 3172. and 31735 Coast Highway as surplus property; authorized City negotiator is Shoreh Dupuis, Cit Manager.
City Attorney Phil Kohn reported that there was insufficient time to discuss the item regarding real property negotiations; therefore, that item will be on a future Closed Session agenda. Kohn also reported that Mayor Whalen, Mayor Pro Tem Kempf, and Councilmembers Orgill and Rounaghi were present and participated for the discussion on the item of significant exposure to litigation, and JOINT CITY COUNCIL / DESIGN REVIEW BOARD MEETING - 4:00 P.M. ******************************************************************** REGULAR MEETING - 5:00 P.M.
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Laguna Beach City Council Minutes August 8, 2023
PUBLIC COMMUNICATIONS
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Ganka Brown commented on various local organizations.
Wanda Fonda requested that the City honor the Orange County Parks passes that were purchased after the City took over jurisdiction of the South Laguna beaches up until the date those beaches remained on the County's website.
Nikki and Eric Bostwick, Attorney Isaac Zfaty, Dan Niazi, and Hasty Honarkar commented on the ongoing civil dispute between Mo Honarkar and MOM InvestCo's Continuum Analytics, questioning the recent employment of Councilmember Mark Orgill's wife Dora and his son-in-law by Continuum Analytics to manage properties and operations currently in legal dispute between the parties. One of the tenants of The Hive property provided photos illustrating the current situation with parking, valet, and security personnel managed by Continuum Analytics.
Andrew Stupin, Benny Hadad, Brian Plotkin, and Michael Kluchin of MOM InvestCo's Continuum Analytics again questioned the City's actions on calls for police response related to the ongoing civil dispute between Mo Honarkar and Continuum Analytics. Chad St. John, General Manager of Hotel Laguna, questioned why the Laguna Beach Police Department is no longer removing trespassers from the property when requested, as they had done in the past. Chris Catsimanes cited the Laguna Beach Police Department's arrest authority, again questioning the City's actions related to the ongoing civil dispute between Mo Honarkar and Continuum Analytics.
Alan Boinus presented his argument for the Council to review the recent administrative design review approval for 1001 San Jose.
Chris Quilter condemned the use of a truck as a mobile billboard in an ongoing vendetta against the City Manager by a small group of people, and he assured the City Manager that the majority of the town appreciated her work for the City.
Pat Gallis once again requested an update on the CEQA-related lawsuits.
Michele Monda commented on the legal billing related to the City Manager's November 2022 traffic stop.
Anne Caenn noted the history of Village Laguna and current activities.
Alex Monda submitted that the City should have a policy to release body cam footage when it is in the public's interest to understand the circumstances involving police action.
Tony Fisch criticized the recent CEQA (California Environmental Quality Act) training provided at a joint Planning Commission/Design Review Board meeting.
Jacob Cherub commented on Hotel Laguna's history under the Laguna Beach Company. -2-
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COUNCIL AND STAFF REPORTS
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City Treasurer Laura Parisi advised that the June investment report is posted online; however, could not be submitted in time for tonight's agenda. She also reported that the Investment Advisory Committee reviewed CAMP (the California Asset Management Program) as a LAIF (Local Agency Investment Fund) alternative that produces higher yields; however, the Committee was concerned about the Pool (the Cash Reserve Portfolio).
City Manager Shoreh Dupuis advised that members of the public that purchased County annual passes to access South Laguna beaches can get a refund from the County via the County's website.
She also advised that City passes will be available in December for seniors and veterans that do not live in Laguna Beach.
City Attorney Phil Kohn advised that there are no updates on the CEQA-related lawsuits.
Councilmember George Weiss reported on the Be Well OC kickoff event, and he noted the recent passing of Jim Otto, owner of the Sound Spectrum.
Councilmember Mark Orgill also reported on the Be Well OC launch event, noting that the California Surgeon General is a resident of Laguna Beach.
Councilmember Alex Rounaghi commented that the partnership with Be Well OC is government at its best. He reported that County Supervisor Katrina Foley was the guest speaker at last night's EDPC (Emergency/Disaster Preparedness Committee) meeting, and presented a resolution recognizing Matt Lawson for his service as Chair of the EDPC for eight years. Councilmember Rounaghi also commented on National Night Out, noting the importance of community gatherings.
Regarding the civil dispute, Councilmember Rounaghi noted that it is an unprecedented situation and is for courts to decide, and he explained that evictions are handled by the Orange County Sheriff's Department. He stated that the situation highlights the pervasive "us versus them" mentality, and the Council's role is to represent all residents, focusing on the big issues; therefore, he will be bringing forward an agenda item for a formal City Council policy.
Mayor Pro Tem Sue Kempf reiterated that the contractors are doing a great job on the Bluebird Canyon widening project. She also thanked City Manager Shoreh Dupuis and her staff for being responsive, and noted that the public can use the City's "Ask Laguna" feature to report issues.
Mayor Bob Whalen reported that State Senator Dave Min is hosting a roundtable discussion on environmental issues at the Laguna Beach Community and Susi Q Senior Center at 10:00 a.m. tomorrow.
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CONSENT CALENDAR
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Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember George Weiss, and carried unanimously 5/0 to approve items 1, 2 and 5.
WARRANT LISTING
Warrants: $2,438,376.95 7/21/23
Payroll #2 $1,819,780.20 7/28/23
Total $4.258,157.15
Approved the general warrants and payroll disbursements.
CLAIMS AGAINST THE CITY
(1) Rejected claim #22-44 filed by Rodney Halvorson; and (2) Rejected claim #23-21 filed by Nicholas Puma.
AWARD OF CONSTRUCTION CONTRACT FOR LAGUNA CANYON ROAD
MEDIAN LANDSCAPING
Public Testimony: Penelope Milne said she appreciated the amount of public input on this project. She commented on the recommendation to transfer $410,000 of project savings from the Laguna Channel Rehabilitation for the median landscaping project Ann Christoph commented on the tree removal and tree selections for the median project.
Bob Borthwick noted that the County had inadvertently left out certain plants in the mini park in Laguna Canyon, and he asked that the eucalyptus trees be preserved in the median.
Director of Public Works Mark McAvoy addressed the public comments regarding the removal of trees and shrubbery in the median.
Moved by Mayor Bob Whalen, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to:
(1) Award and authorize the City Manager to execute contract #23-144 with Kormex Construction, in the amount of $786,976, for the Laguna Canyon Road Medians Landscaping, removing the southernmost median with the mature coral gum trees from the project;
(2) Authorize the City Manager to approve project related expenses and construction change orders for unforeseen circumstances for an amount not-to-exceed $80,000; and (3) Transfer an appropriation of $410,000 of project savings from the Laguna Channel Rehabilitation for the construction of Laguna Canyon Road Medians Landscaping. -4
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4. ADOPTION 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
Public Testimony: Michael Obrand offered suggestions to mitigate barking dogs.
Professional Services Administrator Jim Beres responded to the public recommendations pertaining to prolonged dog barking and a lengthy discussion ensued.
Moved by Mayor Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Adopt Ordinance #1690 titled, "AN ORDINANCE OF THE CITY OF LAGUNA BEACH AMENDING PORTIONS OF TITLE 6 OF THE LAGUNA BEACH
MUNICIPAL CODE, RELATING TO ANIMALS; and
(2) Direct staff to report back to the Council in six months.
5. ADOPTION OF ORDINANCE AMENDING LAGUNA BEACH MUNICIPAL CODE CHAPTER 25.17 (ACCESSORY DWELLING UNITS AND JUNIORACCESSORY
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
Adopted Ordinance #1691 titled, "AN ORDINANCE OF THE CITY OF LAGUNA
BEACH, CALIFORNIA, 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."
REGULAR ORDER
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6. HOUSING AND HUMAN SERVICES COMMITTEE FISCAL YEAR 2023-24 WORK PLAN
Staff Report: Housing Program Coordinator and staff liaison to the Housing and Human Services (HHS) Committee Jennifer Savage introduced the item.
Ketta Brown, HHS Chair, described the HHS committee's work plan for Fiscal Year 2023- 2024.
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Councilmember Alex Rounaghi, City Council liaison to the HHS, commended the committee for their hard work and he looked forward to the recommendations from HHS addressing the housing needs of the community.
Mayor Bob Whalen said he supported the HHS committee's work plan.
Councilmember George Weiss confirmed with Brown that a survey would be conducted to assess the affordability of ADUs (Accessory Dwelling Units) in town. He asked about human services.
Ketta Brown, HHS Chair, explained how the committee was proactively getting involved in the community non-profit organizations.
Cody Engle, HHS Vice Chair, added that the committee could be utilized in helping vet non- profit organizations that received city grant assistance.
Moved by Councilmember Alex Rounaghi, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to authorize the Housing and Human Services Committee to proceed with its Fiscal Year 2023-24 Work Plan.
7. EMERGENCY AND DISASTER PREPAREDNESS COMMITTEE FISCAL YEAR 2023- 24 WORK PLAN
Staff Report: Emergency Operations Coordinator and staff liaison to the Emergency and Disaster Preparedness Committee (EDPC) Brendan Manning introduced the item.
Matt Lawson, EDPC Chair, gave a presentation that provided an overview of the committee's annual work plan.
Bill Niccum, EDPC Co-Chair, continued with the presentation listing the 10 key areas of focus for the EDPC.
Questions from the Councilmembers: Councilmember Mark Orgill asked about the program to expand the cellular phone service in certain areas in Laguna Beach. Tim Templeton, EDPC Member, updated the City Council on the progress to ensure a strong cellular service to all areas in Laguna Beach for safety purposes. Mayor Pro Tem Sue Kempf added that for safety reasons, a study should be conducted to highlight where in Laguna Beach there were lapses of cellular phone coverage. City Manager Shoreh Dupuis commented that the Assistant City Manager was currently working on a project to identify the gaps in cellular coverage and would bring the results to the EDPC and the City Council.
Mayor Bob Whalen presented Matt Lawson with a plaque to recognize his eight years of service as Chair of the Emergency/Disaster Preparedness Committee. -6-
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Public Testimony: Tom Gibbs, former EDPC Member, listed the benefits and purposes of the work plan.
Shelley Benneke, EDPC Member, thanked Matt Lawson for his dedication to the safety of Laguna Beach.
Jacob Cherub congratulated Matt Lawson and commented on how he has been a valuable asset to the community.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember George Weiss, and carried unanimously 5/0 to authorize the Emergency/Disaster Preparedness Committee's to proceed with its Fiscal Year 2023-24 Work Plan.
8. CONSIDER CITY CONTRIBUTION TO THE PROPOSED WOODS COVE
ASSESSMENT DISTRICT
Staff Report: Senior Project Manager Pierre Sawaya gave a presentation describing the proposed Woods Cove Assessment District and the residents' request to reduce property assessments with utilizing an additional $1.2 million of the city's contribution to incentivize residents to participate in the assessment district. He listed the estimated annual assessments with and without the additional city contribution.
Questions of Staff: Senior Project Manager Pierre Sawaya responded to Councilmember Alex Rounaghi's question about an assessment fee deferral program.
Public Testimony: Larry Elvistead, Julie Fast, Nicholas Barker, Becky Visconti, Christy Miller, and Stephen Jefferson residents in the proposed assessment district, thanked the City Council for supporting their efforts, stating that the undergrounding of utility poles was important for public safety purposes.
Matt Lawson stated it was important to move forward with the project for safety reasons. He supported the creation of an incentive program to be utilized across the city.
Tom Gibbs commented on the need to underground utilities throughout Laguna Beach for public safety purposes. He encouraged the City Council to develop a strategy that could be used for other assessment districts.
Michele Monda voiced concerns about the city contributing public funds for a private project.
Councilmember Comments: Councilmember Alex Rounaghi stated that he supported the recommended action, and he commended the Woods Cove residents that worked to ensure over the last 10 years that this project moved forward. He said all options should be studied to ensure the safety of the community.
Mayor Pro Tem Sue Kempf said she too would be supporting the city's contribution, and this would be a good investment for the city.
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Councilmember Mark Orgill confirmed with staff that the undergrounding of utilities, based on public safety, was considered a general benefit to the community, and would be allocated 10% of the project cost as a result on top of the $1.2 million additional city contribution.
Mayor Bob Whalen stated that the contribution would not be a gift, but an investment in public safety for the entire community and he would be supporting the recommended action.
Moved by Councilmember Alex Rounaghi, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 4/0 (Councilmember George Weiss abstained due to his property's vicinity to the district) to:
(1) Direct the City Manager to contribute the additional $1,179,500 towards the Undergrounding Utility Assessment District 2014-2 as requested by the Woods Cove proponents; and
(2) Approve the use of an appropriation from the Wildfire Mitigation and Fire Safety Fund for utility undergrounding project contribution.
9. TEMPORARY USE PERMIT 22-1939 TO APPROVE A NEW PARKLET AND
OUTDOOR DINING AREA ALONG FOREST AVENUE FOR A NEW RESTAURANT AT 305 FOREST AVENUE
Staff Report: Director of Community Development Marc Wiener gave a presentation regarding the Temporary Use Permit (TUP) to approve two new parklets and outdoor dining area for a new restaurant at 305 Forest Avenue.
Questions of Staff: Councilmember Alex Rounaghi confirmed with staff that there had not been a limit placed on the number of parking spaces that could be converted into parklets or outdoor dining to date.
Director of Community Development Marc Wiener stated that there were approximately 1,600 public and 1,600 private parking spaces in Laguna Beach.
Mayor Pro Tem Sue Kempf commented that Slice restaurant would not be intending to continue the use of the parklet. She asked if there were other downtown restaurants that would also be discontinuing the parklet program. Director of Community Development Marc Wiener responded that an evaluation of the parklets could be conducted to determine if they were being utilized
Public Testimony: Marc Whitney, Laguna Beach retail business, explained the reasons he did not support approval of parklets for the new restaurant on Forest Avenue.
Drew Howitt, co-owner of the proposed restaurant, commented that although he appreciated the concerns raised by the downtown retailers, he said his intention with the new restaurant was to enhance other businesses with their success, not kill their businesses, and he explained.
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Ariane McDonald, owner and operator of Dawson Cole Fine Art in downtown Laguna Beach, stated that the loss of parking from the parklets and outdoor dining had negatively impacted her business. She voiced concerns about the quantity and quality of visitors shopping in her store.
Michael McFadden, Rock Martin Custom Jewelry on Forest Avenue, urged the City Council to deny the request approve the parklets because the loss of parking has negatively impacted his customers and took money away from his business. He suggested the creation of short- term parking spaces, rather than installing a parklet.
Margaret, Stacy Howitt, Mark Barbieri and Diane Armitage stated that they supported the installation of the parklets for the new restaurant and they explained.
Leo Bongarra, restaurant co-owner and chef, discussed the need for the two parklets to develop a successful tapas restaurant.
Jacob Cherub, Michele Monda, and Anne Caenn voiced their concerns about the loss of parking in the downtown and they did not support approval of the parklets for the restaurant.
Councilmember Comments: Councilmember George Weiss confirmed with Howitt that the two parklets would add 16 seats to the 25 seats inside the restaurant.
Councilmember Mark Orgill confirmed with staff that it would not be feasible to place chairs and tables on the sidewalks on Forest Avenue.
Councilmember Alex Rounaghi stated that he would be supporting the installation of the parklets because the restaurant would be paying market rate for this benefit. He said this would contribute to the vitality of the downtown. Councilmember Rounaghi added that even if there were no parklets or outdoor dining taking parking spaces, there would still be a parking problem in Laguna Beach. He said the question was, how could the City manage parking more effectively downtown, and he proposed meeting with retailers to discuss the installation of 20-minute parking spaces, and how the city could assist them to bring in more customers. Councilmember Rounaghi suggested implementing a long-term strategy for the downtown.
Councilmember George Weiss voiced concerns about the loss of parking, and he said he could support the installation of one parklet.
Councilmember Mark Orgill stated that there was no parklet policy currently in place, and he would like to meet with the community to assess the downtown parking concerns.
Mayor Bob Whalen confirmed with staff that in November they would be bringing forward an agenda item for the City Council's review discussing the parklet program.
Mayor Pro Tem Sue Kempf stated that there is a parking subcommittee that established a parking plan. She said she agreed with Councilmember Orgill, and she would like to create an overall parklet policy plan.
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Councilmember Alex Rounaghi suggested approving the two parklets and studying the parklet policy plan simultaneously, and a discussion ensued.
Mayor Bob Whalen commented that he agreed with Councilmember Rounaghi to support the two parklets and direct staff to investigate opportunities to add short-term spaces.
Moved by Councilmember Alex Rounaghi, seconded by Mayor Bob Whalen, and carried unanimously 5/0 to:
(1) Adopt Resolution #23.055 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING TEMPORARY USE PERMIT 22-1939 TO ESTABLISH AND OPERATE A TEMPORARY PARKLET
AND APPROVING A CATEGORICAL EXEMPTION PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT LOCATED AT 305 FOREST AVENUE," with the removal of Section 12; and
(2) Direct staff to investigate opportunities to add short-term parking spaces in the downtown and expedite implementing strategies in the approved Parking & Transportation Demand Management Report.
10. FIRST READING OF AN ORDINANCE AMENDING LAGUNA BEACH MUNICIPAL CODE CHAPTER 25.95 REGARDING REGULATION OF SINGLE FAMILY
RESIDENTIAL ONE- AND TWO-UNIT DEVELOPMENTS AND URBAN LOT SPLITS PURSUANT TO CALIFORNIA SENATE BILL 9, AND CATEGORICAL EXEMPTION
UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Report: Senior Planner Heather Stevens gave a presentation discussing an ordinance amending municipal code regulating single-family residential one- and two-unit developments and urban lot splits pursuant to California Senate Bill 9 (SB 9).
Director of Community Development Marc Wiener commented that there is a companion bill being considered by the State, Senate Bill (SB) 450, and he described.
Questions of Staff: Mayor Bob Whalen asked about the best approach to ensure that SB 9 did not apply to the Residential/ Hillside Protection (R/HP) Zone. Director of Community Development Marc Wiener responded that SB 9 allowed for exclusion based on public health and safety concerns. Wiener said that if the City Council could make those findings as they related to R/HP Zone, that could be the basis for not allowing SB 9 lot splits in that zone. A discussion ensued.
Public Testimony: Penelope Milne commented on excluding the R/HP Zone from SB 9. -10-
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Councilmember Comments: Mayor Bob Whalen stated that a case could be made that the R/HP Zone should be excluded from SB 9, and he suggested staff include the associated findings for such exclusion at the second reading of the ordinance. A lengthy discussion ensued.
Moved by Councilmember Mayor Bob Whalen, seconded by Councilmember Alex Rounaghi, and carried unanimously 5/0 to introduce the Ordinance, which adopts a permanent ordinance to replace the urgency ordinance implementing Senate Bill 9 requirements, excluding applicability to the RH/P zone as presented by staff and directing staff to include the associated findings as discussed by the Council in the ordinance for the second reading 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 second reading.
11. APPROVAL OF LEGAL SERVICES AGREEMENT FOR CITY ATTORNEY SERVICES Staff Report: Fauna Shrago gave a presentation on the award of contract for city attorney services. She described the request for proposal and evaluation processes. Shrago listed the scope of services presented by Best Best & Krieger, LLP, and staff's recommendation to provide city attorney services.
Mayor Bob Whalen commended the City Attorney Phil Kohn on his outstanding 41-year tenure with the City of Laguna Beach
Megan Garibaldi and Alisha Winterswyk thanked the city for selecting them as City Attorney and Assistant City Attorney and they looked forward to working with the Councilmembers.
Moved by Mayor Pro Tem Sue Kempf, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to:
(1) Award and authorize the City Manager to execute legal services agreement #23-145 with Best Best & Krieger, LLP for City Attorney Services for five (5) years with an option for the City Council to extend the contract for three (3) additional years, and designate Megan Garibaldi as the City Attorney and Alisha Winterswyk as the Assistant City Attorney for the City of Laguna Beach, effective as of September 11, 2023; and (2) Adopt Resolution #23.056 titled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, ESTABLISHING THE MONTHLY
COMPENSATION FOR CITY ATTORNEY SERVICES PROVIDED BY BEST BEST & KRIEGER, LLP"; and
(3) Authorize the City Manager to negotiate and execute an amendment to the agreement with Rutan & Tucker, LLP to provide consulting and such other services as may be needed in order to ensure a seamless transition of City Attorney services, for a period of six (6) months.
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COUNCILMEMBER ITEM
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12. IENANT PROTECTION POLICIES (WHALEN)
This item was removed from the agenda due to lack of time to discuss.
PUBLIC HEARINGS FOR APPEALS
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A. APPEAL OF APPROVAL OF DESIGN REVIEW 22-2048, AND CALIFORNIA ENVIRONMENTAL QUALITY ACT CATEGORICAL EXEMPTION OF A 9,148 SQUARE-FOOT TWO-STORY SINGLE-FAMILY DWELLING WITH A 769.5 SQUARE-FOOT ATTACHED THREE-CAR GARAGE AT 2471 RIVIERA DRIVE IN THE R-1 (RESIDENTIAL LOW DENSITY) ZONE
Staff Report: Contract Planner Amber Gregg gave a presentation describing the appeal of the Design Review Board (DRB) approval for a new two-story, single-family home at 2471 Riviera Drive.
Testimony in Support of the Appeal: Rob Giem, neighbor and appellant, stated that view equity was not achieved with the DRB approval of the project. Larry Nokes, attorney representing the appellant, argued that there had not been a balancing of the right to develop and the loss of view, and he explained. Nokes added that greater consideration by the DRB should have been given to the elements that impacted the neighbor's view.
Testimony in Opposition of the Appeal: Lauren Paul, attorney for the applicant, gave a presentation on how the proposed project achieved view equity. She said the architect designed and modified the project to take into consideration neighbors' comments. Paul urged the City Council to deny the appeal and uphold DRB's 5-0 approval for the project.
Rebuttal: Larry Nokes, attorney for the appellant, noted the specific loss of whitewater view and the Board's lack of discussion surrounding this loss.
Councilmember Comments: Councilmember Alex Rounaghi commented that he would move to deny the appeal and sustain the board's decision.
Mayor Pro Tem Sue Kempf stated that although the appellant was losing a portion of his view, she believed view equity had been achieved, and she did not find an abuse of discretion by the DRB.
Councilmember Mark Orgill said that he would not remand this project to DRB.
Mayor Bob Whalen commented that he could not find an abuse of discretion pertaining to view equity.
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Moved by Councilmember Alex Rounaghi, seconded by Mayor Pro Tem Sue Kempf, and carried unanimously 5/0 to deny the appeal and sustain the Design Review Board's decision to approve the project and adopt the Class 3 categorical exemption pursuant to CEQA.
B. APPEAL OF APPROVAL OF DESIGN REVIEW 18-0845, COASTAL DEVELOPMENT PERMIT 18-0846, AND CALIFORNIA ENVIRONMENTAL QUALITY ACT CATEGORICAL EXEMPTION FOR CONSTRUCTION OF A 3,573 SQUARE FOOT
SINGLE-FAMILY DWELLING AND ATTACHED GARAGE ON A VACANT LOT AT 22350 THIRD AVENUE IN THE R-1 (RESIDENTIAL LOW DENSITY) ZONE Staff Report: Senior Planner Chris Dominguez gave a presentation describing the appeal of the Design Review Board (DRB) approval of a newly constructed, single-family home at 22350 3rd Avenue. He stated that the project had been appealed to City Council in 2020 and remanded to the DRB with direction to reconsider inadequate access, which should be mitigated with 20-foot-wide access along the upper driveway. Dominguez stated that the DRB approved the changes 3-2 in 2023 and the appellants generally asserted that the DRB failed to consider issued related to public health and safety, access, design articulation, neighborhood compatibility, soil stability, General Plan consistency, project staking, pedestrian orientation hazards, construction staging, privacy and noise, parking, and that the project should not be categorically exempt from the provisions of CEQA.
Questions of Staff: Councilmember Alex Rounaghi asked about 14(b) of the General Plan Policy that prohibits construction and grading on slopes of 45% or greater. Senior Planner Chris Dominguez explained that section of the policy did not apply because the average slope of the lot was 36%, and a lengthy discussion ensued.
Mayor Pro Tem Sue Kempf asked how much of the design of the project had changed with the widening of the road. Senior Planner Chris Dominguez responded that aside from the garage, the program for the project did not change significantly. He said the modifications were primarily to the garage, the parking deck, and the perimeter stairs.
Mayor Bob Whalen clarified that the standard of review would be de novo because the DRB approval was a 3-2 vote.
City Attorney Phil Kohn added that the question before the City Council was whether there was an error committed by the DRB because the presumption still needed to be made that they acted in conformance with the direction that was given by the City Council and remanding the action at the 2020 appeal hearing, rather than a de novo review in its entirety.
Testimony in Support of the Appeal: Joy Berry, neighbor and appellant, stated why this project should be denied. Ted Barrnett, neighbor and appellant, explained his concerns with the project, including the steep slope, a water course, and access to building a retaining wall. -13-
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Councilmember Alex Rounaghi asked about owner access to build a retaining wall and the slope percentage of the property. Ted Barrnett, neighbor, responded explaining the degree of a slope versus the percentage, and stated that there had been no redesign of the project to accommodate access for a retaining wall.
Thomas Stewart, architect representing the appellants, stated that he had been retained by the neighbors to analyze the project drawings and the site issues, which he explained.
John McLindon, attorney for the appellants, commented on slope percentages and slope averages. He explained that environmentally sensitive habitat that applied to the property should be considered as unusual circumstances.
Natalia, neighbor, voiced her concerns about the proposed project.
Karin Martin urged the City Council to protect the city's open spaces by preserving and enhancing the unique character and identity of Laguna Beach's residential neighborhoods.
She commented on a natural stream that ran through the property.
Ted Reckas, neighbor, stated he had a strong opposition to the project, and he asked why the project was exempt from CEQA and he described.
Ramin Pejan commented on the slope of the property and other concerns with the project.
Christy Miller listed her reasons for denying the project.
Testimony in Opposition of the Appeal: Anders Lasater, project architect, confirmed with staff that the property was not zoned open space and it was classified as a legal building site in the RI zone. He described why the project deserved the City Council's approval.
Paul Weinberg, attorney for the applicant, stated that the prior transcripts show that the project was remanded to the DRB for fire and safety access only. He said he objected to the appellant's attempts to delay the project and he urged the City Council to allow the homeowners to move forward with the project.
Sabrina Asouad, Sofia Asouad, Yvonne Asouad and Ryad Asouad, homeowner and applicant, discussed the difficult design review process and the years the family had put into working with neighbors to build their home. He stated that all of the neighbors' objections had been proven to have no validity at each of the five hearings.
Rebuttal: Joy Berry and Ted Barrnett, appellants, stated that errors had been made and laws ignored in the design approval process, and they explained.
Questions of Staff: Councilmember Alex Rounaghi asked about the rise over run calculation. Senior Planner Chris Dominguez explained the lot slope and the lot line calculation, and he stated it was based on the municipal code definitions. -14-
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Councilmember Mark Orgill confirmed with staff that historically there had never been any situations whereby a defined buildable lot did not reach the threshold of developable.
Senior Planner Chris Dominguez described how many of the issues raised by the public did not apply to this property.
Councilmember Alex Rounaghi stated that he had analyzed the appellants' CEQA argument and he could find no evidence that this project would meet an exception from the categorical exemption under CEQA. He asked about the debate of the property line.
Senior Planner Chris Dominguez stated that based on the record of survey with the county, the property line presented by the applicant was the true line.
Anders Lasater, architect for the project, stated that the applicant did not require access from the neighbor to build the retaining wall.
Councilmember Mark Orgill confirmed with staff and Lasater that a suite of fire safety measures had been implemented to ensure protection of the area.
Councilmember Comments: Councilmember Alex Rounaghi commented that he had spent hours going over the appellants' arguments, and he could not find any evidence to support any of the issues raised that could be grounds to remand the project to DRB. He said he supported moving forward with the project.
Mayor Bob Whalen said he agreed with Councilmember Rounaghi. He said the main concern of the project had been the widening the road for safety access and although it was in the plans, he said he had concerns about the ability to get it completed, and he suggested a condition for the project that the road widening occur prior to the building of the house.
Senior Planner Chris Dominguez stated that he believed it was a feasible condition based on typical construction staging procedures.
Anders Lasater, project architect, voiced his concerns with building the road with the absence of the house. He suggested conditioning the engineering of the road to coincide with the engineering of the house and to not allow a building permit until those two concerns were solved
Director of Community Development Marc Wiener commented that the City Council could condition the project that the road be built first unless it was demonstrated that it was technically infeasible, which would be determined by the building official.
Mayor Pro Tem Sue Kempf said she agreed with Mayor Whalen's assessment and she appreciated the Director's recommendation for the street widening.
Councilmember George Weiss discussed the reasons why he could not approve the project. - 15-
Laguna Beach City Council Minutes August 8, 2023
Moved by Councilmember Alex Rounaghi, seconded by Councilmember Mark Orgill, and carried 4/1 (Councilmember George Weiss dissented) to deny the appeal and sustain the Design Review Board's decision to approve the project and adopt the Class 3 categorical exemption pursuant to CEQA, on the condition that the road widening occurs first, unless determined not technically feasible by the Building Official.
ADJOURNMENT
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There being no further business, Mayor Whalen at 12:42 a.m., Wednesday August 9, 2023, adjourned to the Closed Session at 3:00 p.m., Joint City Council/Planning Commission 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 22, 2023, at City Hall, 505 Forest Avenue, Laguna Beach California. *** ****
Approved: August 22, 2023
Bastikel
Bob Whalen, Mayor
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.
-16-
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
August 8, 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, August 8, 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
ADJOURNMENI
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There being no further business, Mayor Whalen at 12:41 a.m., Wednesday, August 9, 2023, adjourned to the Closed Session at 3:00 p.m., Joint City Council/Planning Commission meeting at 4:00 p.m., and hybrid virtual/in-person Regular City Council Meeting at 5:00 p.m., Tuesday, August 22, 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 9th day of August 2023.
UlIka)
LO: LAGUNA BELON
"CORPORATE City Clerk of the City of Laguna Beach California VUNE 29,198
CERTIFICATE OF POSTING
NOTICE OF ADJOURNMENT
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1, Ann Marie McKay, City Clerk of the City of Laguna Beach, California, DO CERTIFY that at the hybrid virtual/in-person Regular Meeting of the City Council held on Tuesday, August 8, 2023, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on August 9, 2023, at the hour of 9:05 a.m., a copy of the Notice was posted at a conspicuous place on or near the door of the place at which said meeting of the City Council was held.
cuuK
City Clerk of the City of Laguna Beach, California