AGENDA
TUESDAY, MARCH 15, 2022
REGULAR MEETING - 5:00 p.m.
Council Chambers, 505 Forest Ave., Laguna Beach, CA
1. You may submit comments on any agenda item on the agenda in writing via mail to the City Clerk at: 505 Forest Avenue, Laguna Beach, CA. 92651 or by email to [email protected] or by using this comment form: Comment Form. Please send your comments to the City Clerk no later than 3:00 p.m. on March 14, 2022 (the day before the City Council meeting) in order for your comments to be submitted to the members of the City Council with sufficient time to review the comments. You may continue to provide written comments up to 12:00 p.m. on March 15, 2022 (the day of the meeting). Please note that while these comments will be provided to the City Council at 2:00 p.m. on March 15, 2022, the Councilmembers may not have sufficient time to review them prior to the meeting.
2. You may view the meeting live on Cox cable channel 852 and online on the City of Laguna Beach website: www.lagunabeachcity.net/meetings
3. You may listen and comment over the phone or computer during designated public comment periods by following the steps below:
* You can click on this link from your computer or smart phone to participate via zoom: https://lagunabeachcity.zoom.us/j/91641723096
* You may call (669) 900-9128, and wait for instructions. The Webinar id is 91641723096#.
- Let us know you want to comment on an item that is being discussed by pressing *9 on your phone.
- When you hear from the meeting operator, "your phone is unmuted," please press *6, then proceed with your comment. The time for comments may be limited, so prepare your remarks accordingly.
**If you have issues getting into the Zoom meeting, or raising your virtual hand to comment, you may TEXT the City Clerk: (310) 722-5051
If you are not able to use this Webinar system, you may submit comments via email during the meeting to email [email protected]. The City Clerk will attempt to briefly identify the author and the content of the email during the City Council meeting. Unless an email is brief and to the point, it will not likely be read into the record and a summary may be provided. To aid the City Council in the timely consideration and completion of its business, we are asking that all written comments be limited to 200 words or less.
4. You may speak in person in Council Chambers.
CLOSED SESSION 4:15 p.m. to 5:00 p.m.
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Closed Session
REGULAR COUNCIL MEETING 5:00 p.m.
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EXTRAORDINARY BUSINESS
EMPLOYEES' YEARS OF SERVICE RECOGNITION
Recommendation: Receive and file the report.
Extraordinary Business
PUBLIC COMMUNICATIONS
At this time, members of the Public may address the City Council regarding any items not on the agenda but within the subject matter jurisdiction of the City Council. No action may be taken on off-agenda items unless authorized by law. Comments shall be limited to three (3) minutes each and thirty (30) minutes for all comments, unless extended for good cause by the City Council.
Public Comments
COUNCIL AND STAFF REPORTS
CONSENT CALENDAR
The Consent Calendar encompasses items that require no separate discussion; they may be enacted by one motion approving the various minute orders and resolutions. Second reading / adoption of Ordinances will be placed on the Consent Calendar. The Mayor will determine whether any items on the Regular Order of Business should be transferred to the Consent Calendar. The Mayor will also determine whether any items should be removed from the Consent Calendar so that it may be discussed separately. A Councilmember, the City staff, or the public may request removal of an item from the Consent Calendar. Once any additions or removals are made, the Council will vote to approve all items remaining on the Consent Calendar, any item that was removed will be considered immediately following the action on the Consent Calendar.
1. WARRANT LISTING
Warrants: $1,295,625.66 02/18/2022
$ 162,523.09 02/24/2022
$1,458,148.75
Payroll #18: $1,282,526.64 02/25/2022
Total $2,740,675.39
Recommendation: Approve the General Warrants and payroll disbursements.
Staff Report
2. FINDINGS FOR VIRTUAL MEETINGS OF CITY COUNCIL AND CITY COMMISSIONS, COMMITTEES, BOARDS AND OTHER BODIES PURSUANT TO ASSEMBLY BILL 361 Recommendation: Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS FOR AUTHORIZING AND CONTINUING VIRTUAL MEETINGS OF CITY COUNCIL AND CITY COMMISSIONS, COMMITTEES, BOARDS AND OTHER BODIES PURSUANT TO ASSEMBLY BILL 361.” Staff Report
3. SPECIAL EVENTS AND PERFORMANCES
Recommendations:
(1) Approve a performance by Luce Puppet Company on June 12 and November 20, 2022; (2) Approve a City funded concert celebrating the Festival of Arts 90th anniversary on August 13, 2022; (3) Authorize the use of amplified sound during the performances; (4) Reappropriate $33,500 from savings in the Arts Commission Special Budget for the Circus Bella, Luce Puppet Company and a concert to celebrate the 90th anniversary of the Festival of Arts; and (5) Authorize the City Manager, or her designee, to approve any revisions to the location or dates of the performances as required.
Staff Report
4. TEMPORARY PUBLIC ART INSTALLATION ON THIRD STREET STAIRS Recommendations:
(1) Approve a temporary public art installation by Beau Stanton on the Third Street Stairs; (2) Authorize the City Manager, or her designee, to enter into a contract with the artist; and (3) Approve the expenditure of $25,000 from a donation to undertake the work.
Staff Report
5. RESOLUTION TO SET A PUBLIC HEARING DATE FOR THE ANNUAL SIDEWALK AND INTERSECTION VISIBILITY NUISANCE ABATEMENT PROGRAMS Recommendation: Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DECLARING AND DETERMINING THAT VEGETATION OR WEEDS UPON THE STREETS, SIDEWALKS, PARKWAYS AND PRIVATE PROPERTY IN THE CITY OF LAGUNA BEACH ARE A PUBLIC NUISANCE, AND DIRECTING THE CITY CLERK TO MAIL NOTICES TO DESTROY AND REMOVE SAID VEGETATION OR WEEDS AS REQUIRED BY LAW, AND FIXING THE TIME FOR HEARING OBJECTIONS AND PROTESTS,” which will set a public hearing date of April 26, 2022, for the annual Sidewalk and Intersection Visibility Nuisance Abatement Programs.
Staff Report
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH TO SET A PUBLIC HEARING DATE FOR ANNUAL WEED ABATEMENT PROGRAM Recommendation: Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DECLARING AND DETERMINING THAT WEEDS, RUBBISH, AND REFUSE UPON THE STREETS, SIDEWALKS, PARKWAYS AND PRIVATE PROPERTY IN THE CITY OF LAGUNA BEACH ARE A PUBLIC NUISANCE AND DIRECTING THE CITY CLERK TO MAIL NOTICES TO DESTROY AND REMOVE SAID WEEDS, RUBBISH AND REFUSE, AS REQUIRED BY LAW, AND FIXING THE TIME FOR HEARING OBJECTIONS AND PROTESTS,” which will set a virtual public hearing date of April 26, 2022 for the annual Weed Abatement Program.
Staff Report
7. RESOLUTION AUTHORIZING APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR LOCAL TRANSPORTATION FUNDS Recommendation: Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AUTHORIZING THE FILING OF ALL APPLICATIONS WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR LOCAL TRANSPORTATION FUNDS,” authorizing the City Manager, or her designee, to file an application and claim with the Orange County Transportation Authority for $1,337,784 from the Local Transportation Fund, and to file amendments as necessary due to budget adjustments or any changes in the City’s apportionment of Local Transportation Funds.
Staff Report
8. IMPLEMENTATION AGREEMENT AND GRANT FUNDS FOR THE BLUEBIRD CANYON OUTFALL AND DIVERSION UNIT UPGRADE PROJECT Recommendations:
(1) Authorize the City Manager, or her designee, to execute the Implementation Agreement between the City and the County of Orange for the Bluebird Canyon Outfall and Diversion Unit Upgrade project; (2) Accept the grant funds by appropriating $500,000 for the project in the Fiscal Year 2021-22 Budget and increasing estimated grant received by the same amount; and (3) Authorize the City Manager, or her designee, to execute any agreements required for the Bluebird Canyon Outfall and Diversion Unit Upgrade project grant.
Staff Report
PUBLIC HEARING FOR APPEAL
A.
APPEAL OF CONDITIONAL APPROVAL OF TEMPORARY USE PERMIT 21-9393, TO ALLOW OUTDOOR DINING WITH ALCOHOL SERVICE AT 31732 COAST HIGHWAY (AHBA) AND ESTABLISH AN OFF-SITE OUTDOOR DINING AREA (NO WAITER SERVICE) AT 31726 COAST HIGHWAY Recommendation: Deny the appeal and sustain the Director's conditional approval of Temporary Use Permit 21-9393, either as presented, or as the City Council may determine to modify.
Staff Report
Public Comments (since the Agenda was posted)
Additional Public Comments
ADJOURNMENT TO THE CLOSED SESSION AT 4:00 P.M., AND THE HYBRID VIRTUAL/IN-PERSON REGULAR CITY COUNCIL MEETING AT 5:00 P.M., TUESDAY, MARCH 29, 2022
ADA ACCOMMODATIONS
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (949) 497-0705 (telephone) or (949) 497-0771 (facsimile). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.
COMPLIANCE WITH GOVERNMENT CODE SECTION 54957.5
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's Office at 505 Forest Avenue, Laguna Beach, California, during normal business hours.
REGULAR ORDER
The Regular Order of Business section of the Agenda is designed for items that will require separate discussion and citizen input before the City Council makes a determination of the items.
9. AN URGENCY ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ADDING CHAPTER 25.95 TO THE LAGUNA BEACH MUNICIPAL CODE REGULATING SINGLE FAMILY RESIDENTIAL TWO-UNIT DEVELOPMENTS AND URBAN LOT SPLITS PURSUANT TO CALIFORNIA SENATE BILL 9 Recommendations:
(1) Adopt the Urgency Ordinance titled “AN URGENCY ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ADDING CHAPTER 25.95 TO THE LAGUNA BEACH MUNICIPAL CODE REGULATING SINGLE FAMILY RESIDENTIAL TWO-UNIT DEVELOPMENTS AND URBAN LOT SPLITS PURSUANT TO CALIFORNIA SENATE BILL 9 (SB 9)” by (a) asking the City Clerk to read the title of the Urgency Ordinance and (b) approving a motion to waive further reading of the Ordinance; and (2) Find that said actions are statutorily exempt from California Environmental Quality Act (CEQA) under California Government Code sections 65852.21, subdivision (j) and 66411.7, subdivision (n), whereby the adoption of an ordinance by a city to implement provisions of Government Code sections 66411.7 and 65852.21 and regulating Urban Lot Splits and Two-Unit Developments is statutorily exempt from the requirements of CEQA.
Staff Report
Public Comments (since the Agenda was posted)
Additional Public Comment
10. REVISED FUND BALANCE FOR FISCAL YEAR 2020-21, FISCAL YEAR 2021-22 MID-YEAR BUDGET MODIFICATIONS, RESOLUTION SETTING HOURLY/PART-TIME PAY RATES AND APPROVING A SIDE LETTER AGREEMENT, AND FIRST READING OF AN ORDINANCE ADJUSTING PURCHASING LIMITS Recommendations:
(1) Update the Fiscal Year 2021-22 Adopted Budget by accepting June 30, 2021, ending fund balances as depicted in Attachment 1; (2) Modify the Fiscal Year 2021-22 Adopted Budget and approve the additional appropriations and adjustments as recommended in the report and as listed in Attachment 3 with any changes approved by the City Council; (3) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, SETTING PAY RATES FOR CERTAIN HOURLY/PART-TIME POSITIONS,” which ratifies the compensation for hourly part-time employees; (4) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, RATIFYING THE SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE LAGUNA BEACH POLICE EMPLOYEES’ ASSOCIATION,” which ratifies a 10% pay incentive for each hour a Public Safety Dispatcher performs the duties of a Communications Training Officer; and (5) Introduce an Ordinance Amending Section 2.30.040 of the Laguna Beach Municipal Code relating to the purchasing system of the City of Laguna Beach, increasing the purchasing limits for the department directors from $10,000 to $30,000 and the City Manager from $30,000 to $75,000 by (a) asking the City Clerk to read the title of the Ordinance, and (b) approve a motion to waive further reading of the Ordinance and pass it to a second reading.
Staff Report
Public Comments (since the Agenda was posted)
Additional Public Comment
11. PENSION OBLIGATION BONDS PRESENTATION, FEASIBILITY DISCUSSION, AND DIRECTION RELATED TO POTENTIAL ISSUANCE Recommendations:
(1) Receive the Pension Obligation Bonds presentation;
(2) Provide direction to staff regarding Pension Obligation Bonds; and (3) If the City Council desires to move forward with Pension Obligation Bonds (POB):
a.
Direct the City Manager, or her designee, to return with a resolution that authorizes (1) the City to pursue the issuance of pension obligation bonds to refund its CalPERS Unfunded Accrued Liability (UAL), and (2) the commencement of judicial validation proceedings related to the issuance of such POB(s); and b.
Authorize the City Manager, or her designee, to perform an informal request for proposal process and retain validation (bond) counsel to initiation and complete the eight-step validation process for a fee between $25,000-$40,000, plus court filing fees of $3,000-$5,000.
Staff Report
Public Comments (since the Agenda was posted)
12. CONSIDERATION OF OPTIONS RELATED TO CITY COUNCIL CALIFORNIA ENVIRONMENTAL QUALITY ACT TRAINING (ISEMAN) Recommendation: Provide direction to staff as appropriate.
Staff Report
COUNCILMEMBER ITEM
13. CLIMATE CHANGE RESOLUTION (WEISS)
A request by Councilmember George Weiss for the Council to adopt a Climate Change resolution.
Councilmember Request
Public Comments (since the Agenda was posted)
Additional Public Comment