AGENDA
TUESDAY, APRIL 26, 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 April 25, 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 April 26, 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 April 26, 2022, the Councilmembers may not have sufficient time to review them prior to the meeting. Written comments WILL NOT be read aloud during the City Council Meeting. Please note that written comments are posted on the City’s website, so do not include any personal information you do not want posted on the web. Any comments received after the deadline for submittal may not become part of the public record for that 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. Please note that a face covering is highly recommended while in Council Chambers.
CLOSED SESSION 4:15 p.m to 5:00 p.m.
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Closed Session
CITY COUNCIL REGULAR MEETING 5:00 p.m.
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EXTRAORDINARY BUSINESS
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1. PROCLAMATION DECLARING MAY AS MENTAL HEALTH AWARENESS MONTH Recommendation: Approve the Proclamation recognizing May as Mental Health Awareness Month in Laguna Beach.
Proclamation
2. PROCLAMATION RECOGNIZING THE 53RD ANNUAL PROFESSIONAL MUNICIPAL CLERKS WEEK MAY 1 - MAY 7, 2022 Recommendation: Approve the Proclamation recognizing the 53rd Annual Professional Municipal Clerks Week May 1 - May 7, 2022.
Proclamation
3. UPDATE ON CALTRANS PROJECTS WITHIN THE CITY OF LAGUNA BEACH Recommendation: Receive and file the update from Caltrans staff regarding projects within the City.
Staff Report
4. UPDATE FROM SOUTHERN CALIFORNIA EDISON CONCERNING RECENT POWER OUTAGES IN LAGUNA BEACH Recommendation: Receive and file the update from Southern California Edison concerning recent power outages in Laguna Beach.
Staff Report
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 (received after Agenda posted)
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.
5. MINUTES OF THE CITY COUNCIL MEETING
Recommendation: It is recommended by the City Clerk that the City Council approve the Minutes of the Regular Meeting of the City Council of April 12, 2022.
Minutes
6. WARRANT LISTING
Warrants: $1,526,611.63 04/01/2022
Payroll #21: $1,288,458.42 04/08/2022
Total $2,815,070.05
Recommendation: Approve the General Warrants and payroll disbursements.
Staff Report
7. CITY TREASURER’S MONTHLY INVESTMENT REPORT FOR MARCH 2022 Recommendation: Receive and file the Monthly Investment Report for March 2022.
Staff Report
8. PARKING, TRAFFIC, AND CIRCULATION COMMITTEE RECOMMENDATIONS Recommendation: Approve the Parking, Traffic, and Circulation Committee’s recommendation to install a parking restriction on Laguna Canyon Road by adopting the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ESTABLISHING PARKING RESTRICTIONS ON LAGUNA CANYON ROAD ADJACENT TO 20372 LAGUNA CANYON ROAD.” Staff Report
9. SERVICE PROVIDER AGREEMENT FOR ELECTRIC VEHICLE FLEET AND CHARGING STATION ASSESSMENT Recommendations:
(1) Authorize the City Manager, or her designee, to execute a service provider agreement with ICF Incorporated, LLC, in the amount of $74,888, for the Electric Vehicle Fleet and Charging Station Assessment; (2) Authorize the City Manager, or her designee, to approve project related expenses and change orders for unforeseen circumstances for an amount not-to-exceed $11,000; and (3) Transfer an appropriation of $86,000 in savings from the following completed projects: 862 Summit Dr. Slope Repair ($26,000), 870 Baja St Retaining Wall Replacement ($29,000), Ramona Alley Decorative Paving Replacement ($24,000), and Coast Highway Intersection Improvements ($7,000) to fund the assessment.
Staff Report
10. AWARD OF CONTRACT FOR LED STREET LIGHT CONVERSIONS
Recommendations:
(1) Award and authorize the City Manager, or her designee, to execute a contract with Crosstown Electrical & Data, Inc., in the amount of $91,943, for the LED Street Light Conversions; and (2) Authorize the City Manager, or her designee, to approve project related expenses and construction change orders for unforeseen circumstances for an amount not-to-exceed $10,000.
Staff Report
11. COOPERATIVE AGREEMENT FOR JOINT SPECIAL WEAPONS AND TACTICAL RESPONSE TEAM BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF LAGUNA BEACH Recommendation: Authorize the City Manager, or her designee, to execute a Cooperative Agreement between the City and the City of Newport Beach, through December 31, 2023, renewable for additional one-year periods not to exceed a total of five (5) years, for the Joint Special Weapons and Tactical Response Team.
Staff Report
12. LEASE AGREEMENT FOR PROPERTY LOCATED AT 30802 COAST HIGHWAY TO PROVIDE FOR ADDITIONAL PUBLIC PARKING IN SOUTH LAGUNA Recommendations:
(1) Authorize the City Manager, or her designee, to execute a five-year lease agreement[JF1], with Hometown America Communities, for the property located at 30802 Coast Highway, to provide additional public parking, at a rate of $17,000 for the first year and $45,000 annually thereafter, with the option to extend the agreement for three additional five-year terms with a CPI-based rate adjustment; and (2) Appropriate $70,000 from the Parking Fund to facilitate improvements necessary to prepare the lot for public use.
Staff Report
13. PURCHASE OF REPLACEMENT TYPE I FIRE ENGINE
Recommendations:
(1) Appropriate $950,000 from the Vehicle Replacement Fund to purchase one Type 1 fire engine; and (2) Authorize the City Manager, or her designee, to purchase one Pierce Type I fire engine, from Pierce Manufacturing, for an amount not-to-exceed $925,000, plus $25,000 for outfitting additional equipment.
Staff Report
14. ADOPTION OF ZONING ORDINANCE #1670 REVISING THE CITY’S HISTORIC PRESERVATION PROGRAM TO ACCEPT MODIFICATIONS RECOMMENDED BY THE CALIFORNIA COASTAL COMMISSION Recommendation: Adopt the Ordinance titled, “AN ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING CHAPTERS 25.45, 25.05, 25.17, 25.18, 25.22, 25.38, 25.54, AND 7.70 OF THE LAGUNA BEACH MUNICIPAL CODE RELATING TO HISTORIC PRESERVATION” by approving a motion to waive further reading and adopt the Ordinance.
Staff Report
15. EXTENSION OF AN URGENCY ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ADDING CHAPTER 25.95 TO THE LAGUNA BEACH MUNICIPAL CODE REGULATING SINGLE FAMILY RESIDENTIAL ONE AND TWO-UNIT DEVELOPMENTS AND URBAN LOT SPLITS PURSUANT TO CALIFORNIA SENATE BILL 9 Recommendations:
(1) Adopt an Ordinance to extend the City’s Senate Bill 9 (SB 9) Urgency Ordinance (Ordinance No. 1668) for 10 months and 15 days, which would allow the City additional time to establish permanent regulations for SB 9 properties/projects; and (2) Find that said action is 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
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.
16. PUBLIC HEARING REGARDING ANNUAL INTERSECTION VISIBILITY AND SIDEWALK NUISANCE ABATEMENT PROGRAM Recommendations:
(1) Conduct a public hearing to hear protests regarding any noticed nuisance as established by Resolution No. 22.020; (2) Allow or overrule any protests based on facts or circumstances presented by protestors; and (3) Direct the Director of Public Works to abate all noticed nuisances established by Resolution No. 22.020, if not removed by June 13, 2022.
Staff Report
17. PUBLIC HEARING FOR ANNUAL WEED ABATEMENT PROGRAM
Recommendations:
(1) Conduct a public hearing to hear protests regarding any noticed nuisance as established by Resolution No. 22.019; (2) Allow or overrule any protests based on facts or circumstances presented by protestors; (3) Direct the Fire Chief to abate all noticed nuisances established by Resolution No. 22.019, excepting Properties 41, 227, 229, 231, 346 and 347 on Exhibit A not removed by May 22, 2022; (4) Direct the Fire Chief to abate all noticed nuisances established by Resolution No. 22.019 on Exhibit A for Property 41 not removed by May 22, 2022 (Councilmember Blake to abstain); (5) Direct the Fire Chief to abate all noticed nuisances established by Resolution No. 22.019 on Exhibit A for Properties 346 and 347 not removed by May 22, 2022 (Mayor Kempf to abstain); and (6) Direct the Fire Chief to abate all noticed nuisances established by Resolution No. 22.019 on Exhibit A for Properties 227, 229 and 231 not removed by May 22, 2022 (Councilmember Weiss to abstain).
Staff Report
18. FIRST READING OF AN ORDINANCE AMENDING LAGUNA BEACH MUNICIPAL CODES PERTAINING TO THE REGULATION OF SOLID WASTE Recommendation: Introduce an Ordinance amending Title 7, Chapter 7.16 and Section 7.18.050 of the City of Laguna Beach Municipal Code pertaining to the regulation of solid waste including organic waste, 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 for the May 10, 2022, Regular City Council meeting.
Staff Report
19. INTRODUCTION AND FIRST READING OF ORDINANCE RELATED TO BUILDING HEIGHT ALLOWANCES FOR COMMERCIAL STRUCTURES PROVIDING SUBTERRANEAN PARKING FACILITIES Recommendation: Introduce the Ordinance that modifies the height exemptions for commercial structures providing subterranean parking facilities 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.
Staff Report
20. CONDITIONAL USE PERMIT 19-5417, DESIGN REVIEW 21-10756, COASTAL DEVELOPMENT PERMIT 19-5419, VARIANCE 19-6134 (AMENDING CONDITIONAL USE PERMIT 15-2146), AND A CATEGORICAL EXEMPTION AT 680 SOUTH COAST HIGHWAY (RED DRAGON) Recommendation: Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 19-5417, DESIGN REVIEW 21-10756, COASTAL DEVELOPMENT PERMIT 19-5419, VARIANCE 19-6134 AND SIGN PERMIT 22-0645 (AMENDING CONDITIONAL USE PERMIT 15-2146), AND A CATEGORICAL EXEMPTION AT 680 SOUTH COAST HIGHWAY.” Staff Report
Public Comments (received after Agenda posted)
Additional Public Comments
COUNCILMEMBER ITEM
21. APPROPRIATION OF FUNDS FOR A CITY OF LAGUNA BEACH HOUSING FUND (WEISS) Councilmember George Weiss seeks Council input, advice, and discussion regarding the re-allocation of a major share of the Transient Occupancy Tax collected from Short-Term Lodging units in Laguna Beach.
Staff Report
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.