Laguna Beach City Council Minutes December 10, 2024
MINUTES
LAGUNA BEACH CITY COUNCIL REGULAR MEETING
December 10, 2024
A Regular Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, December 10, 2024, in the City Hall, 505 Forest Avenue, Laguna Beach, California, Mayor Rounaghi presiding.
ROLL CALL
PRESENT: COUNCILMEMBERS: Jones, Kempf, Whalen, Orgill, Rounaghi PARTICIPATING REMOTELY: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Bob Whalen led the Pledge of Allegiance.
CLOSED SESSION
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1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: 2307 and 2535 Laguna Canyon Road, Laguna Beach Agency negotiator: Dave Kiff, City Manager
Negotiating party: Burkhardt Family Trust
Under negotiation: Price and terms of payment
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: 31729 & 31735 Coast Highway, Laguna Beach
Agency negotiator: Dave Kiff, City Manager
Negotiating party: Donna Baldwin and Stephen J. Muller, D & S Partners, LLC Under negotiation: Price and terms of payment
3. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) & (e) (1)
Number of cases: Three (3)
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) & There is significant exposure to litigation against the City based on a threat of litigation made outside of a noticed meeting, which is based on the following facts: on August 14, 2023, a nonprofit interest group named Foundation for Individual Rights and Expression -1-
Laguna Beach City Council Minutes December 10, 2024
("FIRE") transmitted correspondence to the City alleging that Laguna Beach Municipal Code § 11.60.040, entitled "Special Regulations for the Forest Avenue Promenade," is an unconstitutional restriction on speech under the First Amendment. FIRE's correspondence is on file with the City Clerk's Office for review.
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) & (e) (5)
There is significant exposure to litigation against the City based on a threat of litigation made outside of a noticed meeting, which is based on the following facts: In a memo, dated April 17, 2023, provided to the City from Attorney Rick Friess of Allen Matkins LLP, on behalf of the property owners of 1194 Morningside, Nick and Kiki Davis, and in an in- person meeting on October 9, 2024, with Messrs. Friess and Davis, the property owner's representative, ta Sauls, and numerous City statt members, including City Manager Dave Kiff, Community Development Director David Contreras, Associate Planner Kate Kazama, Assistant City Engineer Frank Lopez, Deputy City Attorney Jane Abzug, and City Attorney Megan Garibaldi, Mr. Friess made threats of litigation relating the qualification and processing of Mr. Davis's SB 9 application, including potential City-identified constraints, for 1194 Morningside. Mr. Friess's memo is on file with the City Clerk's Office for review.
CLOSED SESSION ANNOUNCEMENTS)
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City Attorney Megan Garibaldi reported that all Councilmembers were present and participated in the discussions, and there was no public comment prior to the City Council convening into the Closed Session. Garibaldi reported that for item 1, the City Council voted unanimously to direct staff to continue with the negotiations. Garibaldi reported that for item 2, the City Council unanimously approved a price reduction of $100,000. Garibaldi also advised that there was no reportable action for items 3, 4, and 5.
PRESENTATIONS
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2024 CHILDREN'S HOLIDAY PALETTE AWARD RECOGNITION
Mayor Alex Rounaghi recognized the 12 young artists for being selected winners of the 2024 Children's Holiday Palette Exhibition, the 20"h anniversary of the exhibition: Coraline Evans, Aurora Morgan, Linus Wong, Vella Evans, Ella Shen, Emma Kopernik, Lily Adair, Keira Dull, Italy Laplaca, Vivian Gu, Adelyn Palme, and Eléna Nielson.
RECOGNITION OF CITY ENGINEER MARK TRESTIK'S RETIREMENT
Mayor Alex Rounaghi recognized retiring City Engineer Mark Trestik. -2-
Laguna Beach City Council Minutes December 10, 2024
ADDITIONS and DELETIONS
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City Manager Dave Kiff advised that Agenda Item #24 will be pulled from the agenda due to ongoing negotiations.
Continuance request for Appeal A was considered by the City Council at this point in the meeting.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS
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Vincent Cosella provided information regarding a public nuisance concern related to a construction project at 3 Camel Point.
Mike Beanan, Laguna Bluebelt, requested that the City Council adopt a resolution regarding expansion of the Marine Protection Areas.
Tom Gibbs congratulated the new City Council and provided his goals for the City.
Jorg Dubin thanked the City Council for its work to secure the artist properties on Laguna Canyon Road.
Trish Sweeney encouraged the City Council to improve its transparency.
Anne Caenn requested that the City Council enable public virtual participation.
Sheri Morgan commended the City on Hospitality Night, and commented on this year's Coast Film Festival.
Jeff Meberg, Chairman of the Pacific Marine Mammal Center, and Board member of the Glennwood Housing Foundation, congratulated the new City Council.
Greg Viviani commented on the Aliso Creek berm and reiterated his concerns related to Visit Laguna's social media posts.
Craig McKessar reiterated his arguments against the speed table on Bluebird Canyon Drive.
Gayle Waite congratulated the new City Council, and thanked George Weiss for his service, and he and Judie Mancuso for running for City Council.
Debbie Neev, Laguna Beach County Water District, congratulated the new City Council. -3-
Laguna Beach City Council Minutes December 10, 2024
MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS AND CITY MANAGER ****************************************************************************** City Manager Dave Kiff announced that Community Development now accepts online/digital submittals for ADUs (Accessory Dwelling Units) through the EnerGov public permit portal. He also reported that staff has met with CR&R to address residents' concerns regarding the fee structure for multi-family properties, and will be presenting options in the near future.
Councilmember Sue Kempf confirmed with staff that the California Fish and Game Commission is scheduled to hear the Laguna Bluebelt Coalition's petition to extend the southern boundary of the Laguna Beach no-take State Marine Conservation Area in March 2025. Councilmember Kempf reported that she has received positive feedback on the holiday decorations, and she suggested considering extending the decorations past the downtown next year. She also reported that she requested that the Mayor adjourn tonight's meeting in memory of Lance Stewart.
Councilmember Bob Whalen reported that the agreements to restructure SOCWA have been signed and are anticipated to be executed by the end of the year. He and Mayor Pro Tem Mark Orgill reported on the Fire Department's swearing in ceremony.
Councilmember Mark Orgill summarized the various communications he had with members of the public.
Mayor Alex Rounaghi reported on the Laguna Board of REALTORS®'s 100*h anniversary celebration. He thanked Councilmember Sue Kempf for her suggestion to adjourn the meeting in memory of Lance Stewart, and he thanked Assistant City Manager Gavin Curran and Councilmember Bob Whalen for their work on the SOCWA restructure.
All the Councilmembers commented on Hospitality Night, thanking staff.
CONSENT CALENDAR
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Moved by Councilmember Sue Kempf, seconded by Councilmember Bob Whalen, and carried unanimously 5/0 to approve items 2-4, 7, 9-11, 13-19, and 21.
MINUTES OF THE CITY COUNCIL MEETINGS
Approved unanimously 4/0 (Councilmember Hallie Jones abstained) the minutes of the Regular Meeting of the City Council of November 12, 2024, and the Special City Council Meeting workshop of November 20, 2024.
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APPROVAL OF GENERAL WARRANTS AND PAYROLL DISTRIBUTIONS
Warrants: $3,096,911.04 11/08/2024
Payroll #9: $1,782,817.92 11/01/2024
Payroll #10: $1,739,638.32 11/15/2024
$3,522,456.24
Total: $6.619.367.28
Approved the general warrants and payroll disbursements.
MONTHLY INVESTMENT REPORT (SEPTEMBER 2024)
Received and filed the September 2024 monthly investment report, with submissions from the City Treasurer, Laura Parisi, and the City's longer-term investment manager, Meeder Investments.
CLAIMS AGAINST THE CITY
(1) Rejected Claim #24-34 filed by Kevin Ha Nguyen;
(2) Rejected Claim #24-40 filed by Juni Wahab;
(3) Rejected Claim #24-44 filed by Amir Gharaui;
(4) Rejected Claim #24-45 filed by Catherine Major; and (5) Rejected Claim #24-49 filed by Ginger Delong.
APPROVAL OF THE ANNUAL INVESTMENT POLICY
This item was pulled from the Consent Calendar by Councilmember Bob Whalen to ask the staff questions and staff responded.
Moved by Councilmember Bob Whalen, seconded by Mayor Alex Rounaghi, and carried unanimously 5/0 to:
(1) Approve the 2025 Investment Policy, as revised by the City Council, referencing Section
8.8 "Municipal Notes or Bonds" in the paragraph on Specific Investment Accounts in Section 2.0; and
(2) Authorize the Deputy Treasurer, Victoria McIntosh, CPA, to complete the investment duties of the City Treasurer, if the Treasurer cannot perform her duties. -5-
Laguna Beach City Council Minutes December 10, 2024
FISCAL YEAR 2024-2025 CARRYOVER APPROPRIATIONS
This item was pulled from the Consent Calendar by Councilmember Bob Whalen in order to comment on the carryovers.
Moved by Councilmember Bob Whalen, seconded by Mayor Alex Rounaghi, and carried unanimously 5/0 to:
(1) Carryover appropriations of $30,751,800 to Fiscal Year 2024-25 to provide continuing funding for projects in progress at the end of the last fiscal year; and (2) Carryover revenue estimates of $1,732,400 expected to be received in Fiscal Year 2024-
25. 7. AWARD OF CONTRACT FOR STREET LIGHT MAINTENANCE SERVICES (1) Awarded and authorized the City Manager to execute service provider contract #24-89 with Yunex, LLC for the maintenance of City-owned street lights in an amount not to exceed $25,000 for the period of February 22, 2025, to June 30, 2025, and $67,000 annually from July 1, 2025, through June 30, 2028, for a total contract amount of $226,000;
(2) Authorized the City Manager to extend the agreement for up to two additional three-year terms upon mutual agreement between the City and the contractor with a Consumer Price Index based rate adjustment if services are satisfactory; and (3) Approved an appropriation of $25,000 from the Street Lighting and Utility Fund to the Street Light Division Contractual Services for Fiscal Year 2024-25.
AWARD OF CONTRACT FOR PRELIMINARY DESIGN OF A POTENTIAL THIRD
LEVEL OF THE GLENNEYRE PARKING STRUCTURE
This item was pulled from the Consent Calendar by Councilmember Sue Kempf to ask the staff questions.
Mayor Pro Tem Mark Orgill recused himself due to his residence being within 500 feet of the project.
Presentation and Discussion: Staff gave a presentation and responded to the Councilmembers' questions.
Public Testimony: Gregg Viviani stated that he did not support the parking structure design if not utilized for employee parking. Ann Christoph gave suggestions and requested public outreach in the approval process. Les Miklosy commented that adding more parking at this location would create more circulation problems.
Moved by Mayor Alex Rounaghi, seconded by Councilmember Sue Kempf, and carried unanimously 4/0 to direct staff to work with the ad hoc committee for updated costs that include design costs, and present the updated plan during the City Council's annual planning session in January 2025.
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9. APPROVAL OF RESOLUTION GRANTING ONGOING AUTHORITY TO
ADMINISTER EMPLOYEE HEALTH AND BENEFITS PLANS AND PROGRAMS Adopted Resolution #24.091 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, AUTHORIZING THE DIRECTOR OF
HUMAN RESOURCES & RISK MANAGEMENT AND THE CITY MANAGER TO ADMINISTER EMPLOYEE BENEFITS SERVICES," to streamline the administration of employee health and benefits services by delegating limited authority to City staff, ensuring efficiency while maintaining Council oversight for significant changes.
10. AMENDMENT TO SERVICE PROVIDER AGREEMENT FOR OPERATION OF
TROLLEY SERVICES
(1) Authorized the City Manager to execute Amendment No. 1 with LAZ Parking, LLC, for Operation of Trolley Services (Agreement #21-38) to memorialize changes in scope and performance standards during the five-year initial contract term and provide clarification regarding automobile insurance coverage responsibilities; (2) Authorized the City Manager to increase contract authority by $4,639,000 to account for expanded transit services provided by LAZ Parking, LLC, from Fiscal Year 2021-22 through Fiscal Year 2025-26;
(3) Clarified the obligation of LAZ Parking, LLC, to provide automobile liability insurance coverage for City-owned vehicles (i.e. Trolleys) used to provide transit services at an estimated cost of $375,000 per year in Fiscal Year 2024-25 and Fiscal Year 2025-26; (4) Authorized the City Manager to increase the total contract authority under Agreement #21-38 from $10,621,219 to $16,010,219 for the five-year initial term; (5) Approved a transfer from the Parking Fund to the Transit Fund in the amount of $375,000;
(6) Appropriated $375,000 in the Transit Fund to cover the cost of insurance for Fiscal Year 2024-25; and
(7) Found this action is not subject to the California Environmental Quality Act.
11. AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING WITH AGE WELL SENIOR SERVICES, INC. AND LAGUNA BEACH SENIORS
Authorized the City Manager to execute the Amended and Restated Memorandum of Understanding with Age Well Senior Services, Inc. and Laguna Beach Seniors to ensure the continued delivery of vital senior services and meal programs at the Laguna Beach Community and Susi Q Senior Center.
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Laguna Beach City Council Minutes December 10, 2024
12. RECREATION FACILITY RESERVATION PROGRAM AND FEE SCHEDULE
UPDATES
This item was pulled from the Consent Calendar by Mayor Pro Tem Mark Orgill to discuss how the City managed special events. Staff responded to Councilmembers' questions.
Moved by Mayor Alex Rounaghi, seconded by Councilmember Hallie Jones, and carried unanimously 5/0 to:
(1) Approve the updated facility reservation program and fee schedule for the Community & Recreation Center and Lang Park Community Center, including provision for community rental of the former library space, and for small wedding ceremonies in the chapel at the Community & Recreation Center, as revised by the City Council to allow food on a case-by-case basis;
(2) Revise the parking threshold for Temporary Use Permits at the Community & Recreation Center remove the limit based on parking;
(3) Direct staff to work with Anneliese Schools to submit a Conditional Use Permit application and prepare a draft lease agreement for the use of the Lang Park Community Center multi-purpose room for a proposed middle school program; (4) Approve amendments to the Commercial Film Permits fee schedule to waive the daily use fee for qualified nonprofit organizations, retroactive to November 1, 2024; (5) Find the action exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines section 15061(b)(3);and
(6) Direct staff to return to the City Council with a comprehensive events policy.
13. AMENDMENT TO THE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY AND D&S PARTNERS LLC, FOR THE SALE OF CITY-OWNED PROPERTY AT 31729 AND 31735 COAST HIGHWAY, LAGUNA BEACH (APNS 658-101-39 AND -40, "TI AMO") AND DETERMINING SUCH APPROVAL TO BE EXEMPT UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Moved by Mayor Alex Rounaghi, seconded by Councilmember Bob Whalen, and carried unanimously 5/0 to reconsider the item.
Assistant City Manager Jeremy Frimond briefly described the modifications to the purchase and sale agreement at 31729 and 31735 Coast Highway.
Moved by Councilmember Bob Whalen, seconded by Mayor Alex Rounaghi, and carried unanimously 5/0 to:
(1) Direct staff to incorporate the revised terms (i.e., purchase price reduction of $100,000 and extension of closing date) into an amended Purchase and Sale Agreement #24-75 for 31729 and 31735 Coast Highway;
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Laguna Beach City Council Minutes December 10, 2024
(2) Authorize the City Manager to execute the First Amendment to Purchase Agreement #24-75, in a final form as approved by the City Attorney, and to take such further actions as necessary to implement the amended Purchase Agreement; and (3) Determine that such approval is exempt under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15378.
14. A RESOLUTION RELATING TO CONDITIONS OF EMPLOYMENT, POLICIES, AND
BENEFITS FOR UNREPRESENTED LIMITED-TERM EMPLOYEES
Adopted Resolution #24.092 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, RELATING TO CONDITIONS OF
EMPLOYMENT, POLICIES, AND BENEFITS FOR UNREPRESENTED LIMITED- TERM EMPLOYEES," to formalize a framework for hiring and managing unrepresented limited-term employees.
15. UPDATE TO THE CAPITAL ASSET POLICY AND PROCEDURES
Approved the proposed modifications to the City's Capital Asset Policy to incorporate subscription-based IT arrangements and leases. These changes are necessary to align with new accounting standards and improve the City's management of capital assets.
16. RESOLUTION ADOPTING MEASURE M2 EXPENDITURE REPORT FOR FISCAL YEAR 2023-2024
(1) Adopted Resolution #24.093 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, CONCERNING THE MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF LAGUNA BEACH," approving the Orange County Measure M2 Transportation Improvement Tax Expenditure Report for Fiscal Year 2023-2024, as certified by the Director of Finance, subject to technical revisions in conformance with Orange County Transportation Authority guidelines; and (2) Authorized the Director of Finance to sign and submit the report to the Orange County Transportation Authority.
17. AWARD OF CONTRACT FOR SLOPE REPAIR AT SUNSET AVENUE, SOUTH OF 10TH AVENUE
(1) Awarded and authorized the City Manager to execute contract #24-90 with Horizons Construction in the amount of $1,019,055 for construction of the Sunset Avenue Slope Repairs;
(2) Authorized the City Manager to approve project-related expenses, and construction change orders for unforeseen circumstances for an amount not to exceed $100,000; and (3) Approved the transfer of an appropriation of $252,000 from the Summit Drive Storm Drain Construction Project to the Sunset Avenue Slope Repair Project, bringing the total project budget to $1,202,000.
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18. AWARD OF CONTRACT FOR CONSULTANT SERVICES FOR A COMPREHENSIVE
DEVELOPMENT IMPACT FEE STUDY
(1) Authorized the City Manager to execute Consultant Services Agreement #24-91 with Economic & Planning Systems ("Consultant") in the amount of $92,600 for a Comprehensive Development Impact Fee Study;
(2) Authorized the City Manager to approve change orders for unforeseen circumstances in an amount not to exceed $9,300;
(3) Approved a transfer from the Capital Improvement Program Fund to the General Fund in the amount of $101,900;
(4) Appropriated $101,900 for the contract for Consultant Services for a Comprehensive Development Impact Fee Study from the City's General Fund; and (5) Found the action exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines section 15060.
19. OFFICE OF TRAFFIC SAFETY GRANT ACCEPTANCE
(1) Authorized the City Manager to accept a $168,000 grant from the California Office of Traffic Safety Grant; and
(2) Appropriated $168,000, with a matching increase in estimated grant revenue, to fund overtime salaries and for the purchase of equipment and supplies related to a Driving Under the Influence Enforcement and Awareness Program, and Traffic Safety Enforcement.
20. APPROVAL OF 2024 MILLS ACT CONTRACT FOR 1391 SOUTH COAST HIGHWAY;
AND FINDING SUCH ACTION EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT UNDER CEQA GUIDELINES SECTION 15331 This item was pulled from the Consent Calendar by Ann Christoph, a member of the public.
Presentation and Discussion: Staff described the agenda item and responded to Councilmembers' questions.
Public Testimony: Ann Christoph, Carolyn Smith Burris, Cathy Jurca and Anne Caenn voiced concerns about approving the Mills Act at 1391 South Coast Highway.
John Best, representing the applicant, addressed the public's concerns and requested that the property be approved for the Mills Act. He responded to the Councilmembers' questions.
Moved by Councilmember Bob Whalen, seconded by Councilmember Hallie Jones, and carried unanimously 5/0 to continue the item until such time that the other building on the site, the Olympic Cottage, is also eligible, directing staff in the meantime to work with the applicant to investigate the feasibility of removing the existing paint from the exterior wood of the Coast Liquor building and restoring historic appearance of the stained wood finish. -10-
Laguna Beach City Council Minutes December 10, 2024
21. CONSIDERATION OF AN AMENDMENT TO THE LAGUNA PLAYHOUSE'S LEASE
AGREEMENT
Authorized the City Manager to enter into an amendment to the 2003 lease agreement with the Laguna Playhouse to address a short-term loan of $20,000 given to the Playhouse for emergency roof and ductwork repair.
REGULAR BUSINESS
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22. CONSIDERATION OF AN ORDINANCE AMENDING THE ZONING CODE AND LOCAL COASTAL PROGRAM BY REPEALING AND REPLACING CHAPTER 25.17
OF THE LAGUNA BEACH MUNICIPAL CODE REGARDING ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS TO COMPLY
WITH RECENT CHANGES IN STATE LAW, AND FINDING THE ACTION TO BE
STATUTORILY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER SECTION 21080.17 OF THE PUBLIC RESOURCES CODE, AND SECTION 15265(C) OF THE STATE CEOA GUIDELINES
Presentation and Discussion: Staff gave a presentation and responded to the Councilmembers' questions. Mayor Alex Rounaghi commented on the importance of ensuring view equity in Laguna Beach. City Attorney Megan Garibaldi commented that each amendment to the ADU state law places more limits on local control. She added that at this time, the purpose of the Coastal Development Permit was to achieve compliance with our Local Coastal Program policies.
Public Testimony: A member of the public and Slade Carlton highlighted the importance of ADUs and JADUs and the need to be guided by state laws. Ann Christoph voiced concerns that state regulations did not take into account the city's limitations. Cathy Jurca commented on the need to ensure approved ADUs and JADUs follow the state and local regulations.
Moved by Councilmember Sue Kempf, seconded by Mayor Pro Tem Mark Orgill, and carried unanimously 5/0 to:
(1) Find that the adoption of the proposed ordinance is statutorily exempt from review under the California Environmental Quality Act under Public Resources Code section 21080.17 and section 15265(c) of the State CEQA Guidelines; and
(2) Waive full reading and introduce for first reading by title only an Ordinance titled, "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH,
CALIFORNIA, AMENDING ITS ZONING CODE AND LOCAL COASTAL
PROGRAM BY REPEALING AND REPLACING CHAPTER 25.17 OF THE CITY
OF LAGUNA BEACH MUNICIPAL CODE RELATING TO ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS, AND
FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER PUBLIC RESOURCES CODE SECTIONS 21080.17 AND 15265(C) OF THE STATE CEQA GUIDELINES." -11-
Laguna Beach City Council Minutes December 10, 2024
23. CONSIDERATION OF AN URGENCY ORDINANCE AMENDING THE ZONING
CODE AND LOCAL COASTAL PROGRAM BY REPEALING AND REPLACING CHAPTER 25.17 OF THE LAGUNA BEACH MUNICIPAL CODE REGARDING
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
TO COMPLY WITH RECENT CHANGES IN STATE LAW, AND FINDING THE
ACTION TO BE STATUTORILY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT UNDER SECTION 21080.17 OF THE PUBLIC
RESOURCES CODE
Moved by Councilmember Sue Kempf, seconded by Councilmember Bob Whalen, and carried unanimously 5/0 to:
(1) Find that the adoption of the proposed urgency ordinance is statutorily exempt from review under the California Environmental Quality Act under Public Resources Code section 21080.17; and
(2) Waive full reading and adopt by title only Urgency Ordinance #1707 titled, "AN
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA
BEACH, CALIFORNIA, AMENDING ITS ZONING CODE AND LOCAL COASTAL PROGRAM BY REPEALING AND REPLACING CHAPTER 25.17 OF THE
LAGUNA BEACH MUNICIPAL CODE REGARDING ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS TO COMPLY WITH
RECENT CHANGES IN STATE LAW, AND FINDING THE ORDINANCE TO BE
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER SECTION 21080.17 OF THE PUBLIC RESOURCES CODE."
24. RESOLUTION APPROVING A PURCHASE AND SALE AGREEMENT FOR THE CITY'S PURCHASE OF REAL PROPERTY LOCATED AT 2307 & 2535 LAGUNA CANYON ROAD (APNS: 632-101-10 AND 632-091-12) AND DETERMINING SUCH
APPROVAL EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
This item was removed from the agenda due to ongoing negotiations. -12-
Laguna Beach City Council Minutes December 10, 2024
PUBLIC HEARINGS
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Appeal A was heard after the presentations at the beginning of the meeting.
A. APPEAL OF DESIGN REVIEW BOARD'S APPROVAL OF DESIGN REVIEW 23-0887 FOR ADDITIONS (NET 413 SQUARE FEET) INCLUDING UPPER LEVEL
ADDITIONS AND ELEVATED DECK ADDITIONS, GRADING, RETAINING WALLS, SPA, EXTERIOR REMODEL, AND LANDSCAPING, VARIANCE 23-0888 TO
EXCEED THE MAXIMUM BUILDING HEIGHT (LAGUNA BEACH MUNICIPAL CODE SECTIONS 25.10.008(D)(1) AND 25.51.010), AND REVOCABLE ENCROACHMENT PERMIT 23-0889 TO MAINTAIN SITE WALLS WITHIN THE
PUBLIC RIGHT-OF-WAY AND FINDING THE PROJECT CATEGORICALLY
EXEMPT UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15301 AT 1560 SUNSET RIDGE DRIVE IN THE R-1, RESIDENTIAL LOW
DENSITY ZONE
Moved by Councilmember Bob Whalen, seconded by Mayor Alex Rounaghi, and carried unanimously 5/0 to continue the public hearing on the appeal to the January 28, 2025, City Council meeting, directing the parties to confirm an agreement by January 3, 2025, and direct staff to prepare an agenda report documenting the agreement.
B. APPEAL OF PLANNING COMMISSION'S DENIAL OF DESIGN REVIEW 23-1480 FOR BUILDING FAÇADE IMPROVEMENTS, LANDSCAPE, AND HARDSCAPE IN THE LOCAL BUSINESS-PROFESSIONAL ZONE (LBP), AT 1110 GLENNEYRE STREET
Mayor Alex Rounaghi, Mayor Pro Tem Mark Orgill, and Councilmember Sue Kempf disclosed communications with the project applicant and architect; Councilmember Bob Whalen also disclosed communications with Gregg and Kathy Abel.
Presentation and Discussion: Staff gave a presentation and responded to Councilmembers' questions.
Testimony in Support of the Appeal: Brian English, attorney representing the appellant, and Roy Rubenstein, architect for the project, stated that the building did not qualify as a historic resource, and they urged the City Council to approve the much-needed renovations for the building.
Pat Gallis commented on the importance of property rights, and he stated that the building is not a historic resource.
Testimony in Opposition to the Appeal: Cathy Jurca, Gayle Waite, Ann Christoph, Billy Fried, and Anne Caenn stated that it is important to maintain the heritage of Laguna Beach, and they requested that the City Council support the Planning Commission's decision. -13-
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Rebuttal: Roy Rubenstein, architect for the project, commented they had made a conscientious effort to maintain the massing and scale, and to preserve the building. He responded to Councilmembers' questions.
Moved by Mayor Alex Rounaghi and seconded by Councilmember Sue Kempf to remand the project back to the Planning Commission with City Council determination that the site is not a historic resource. Motion failed.
Moved by Councilmember Bob Whalen, seconded by Councilmember Sue Kempf, and carried 4/1 (Councilmember Hallie Jones opposed, stating an argument could be made that the building is deserving of local protection under the discretionary portion of CEQA) to adopt Resolution #24.094 titled, , "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, REMANDING THE PLANNING COMMISSION'S DECISION TO DENY DESIGN REVIEW 23-1480 FOR BUILDING FAÇADE IMPROVEMENTS, LANDSCAPE, AND HARDSCAPE IN THE LOCAL BUSINESS-PROFESSIONAL ZONE AT 1110 GLENNEYRE STREET AND TO FIND
THE ACTION IS NOT A PROJECT UNDER STATE CEQA GUIDELINES SECTION 15378," as revised by the City Council, with the determination that the site is not a historic resource within the meaning of CEQA, and providing direction to preserve the character- defining brickwork.
COUNCIL MEMBER ITEM(S) - None.
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ADJOURNMENT
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There being no further business, Mayor Rounaghi at 9:59 p.m., Tuesday, December 10, 2024, adjourned the Closed Session at 4:00 p.m., and Regular City Council Meeting at 5:00 p.m., Tuesday, January 14, 2025, at City Hall, 505 Forest Avenue, Laguna Beach California. ****** ********
Approved: January 14, 2025 Alex kormati
Alex Rounaghi, Mayor
Ann Marie McKay, City Clerk
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Laguna Beach City Council Minutes December 10, 2024
Note: All components of minutes shall be for the primary purpose of memorializing decisions made by the legislative body. Any minute component that does not serve this primary purpose will be minimized or eliminated; this includes comments made by individual body members and members of the public. Discussions that occurred during the meeting can be viewed in archived video recordings on the city's website. Public submittals on items received prior to adjournment of the meeting are retained in the administrative record and can be viewed in the city clerk's repository. -15-
NOTICE OF ADJOURNMENT OF CITY COUNCIL MEETING
(GOVERNMENT CODE SECTION 54995)
EXCERPT OF THE MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
OF THE CITY OF LAGUNA BEACH
December 10, 2024
1********
The Regular Meeting of the City Council of the City of Laguna Beach was held at 5:00 p.m., Tuesday, December 10, 2024, in the City Council Chambers, 505 Forest Avenue, Laguna Beach, California.
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PRESENT COUNCILMEMBERS: Jones, Kempf, Whalen, Orgill, Rounaghi PARTICIPATING REMOTELY: None
ABSENT: COUNCILMEMBERS: None
ADJOURNMENT
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There being no further business, Mayor Rounaghi at 9:59 p.m., Tuesday, December 10, 2024, adjourned to the Closed Session at 4:00 p.m. and City Council Regular Meeting at 5:00 p.m., Tuesday, January 14, 2025, 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 11" day of December 2024.
OF AGUNA BEACH
NCORPORATEY Fly Chech of ite i of Legum Lesh colome
JUNE 29,192
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 Regular Meeting of the City Council held on Tuesday, December 10, 2024, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on December 11, 2024, at the hour of 12:05 p.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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