AGENDA
TUESDAY, MAY 24, 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 May 23, 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 May 24, 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 May 24, 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.
BUDGET WORKSHOP 3:00 PM to 5:00 PM
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1. RESOLUTION ADOPTING A FEE SCHEDULE UPDATE FOR THE COMMUNITY DEVELOPMENT, WATER QUALITY, PUBLIC WORKS, AND FIRE DEPARTMENTS AND REVIEW OF COMMUNITY DEVELOPMENT STAFFING PROPOSAL Recommendations:
(1) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING THE MASTER FEE SCHEDULE FOR CITY SERVICES PROVIDED BY THE COMMUNITY DEVELOPMENT, PUBLIC WORKS, WATER QUALITY, AND FIRE DEPARTMENTS”; and (2) Authorize the new positions in the Community Development Department to be included in the Fiscal Year 22-23 budget.
Staff Report
Public Comments (received after Agenda posted)
2. BUDGET WORKSHOP
Recommendations:
(1) Receive a presentation regarding the proposed budget; (2) Provide feedback to the City Manager regarding items on the "wish list"; and (3) Provide any additional feedback to the City Manager on the proposed budget or other direction as appropriate.
Staff Report
Public Comments (received after Agenda posted)
Additional Public Comments
CLOSED SESSION 5:00 PM to 6:30 PM
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Closed Session
Comments received after Agenda posted
Additional Comments
CITY COUNCIL MEETING 6:30 PM
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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.
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.
3. 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 May 10, 2022.
Minutes
4. WARRANT LISTING
Warrants: $2,427,842.70 04/29/2022
Payroll #23: $1,303,714.13 05/06/2022
Total $3,731,556.83
Recommendation: Approve the General Warrants and payroll disbursements.
Staff Report
5. CLAIMS AGAINST THE CITY
Recommendations:
(1) Reject claim #21-25 filed by Teresa Valdivia;
(2) Reject claim #22-11 filed by Mercury Insurance as subrogee of Donna Snow; (3) Reject claim #22-12 filed by Emily Dygert; and
(4) Reject claim #22-16 filed by Lisa Ramos Ortega.
Staff Report
6. APPROVAL OF 7-YEAR CAPITAL IMPROVEMENT PROGRAM FOR TRANSIT RELATED EXPENDITURES AND RESOLUTION CONFIRMING PAVEMENT MANAGEMENT PLAN FOR MEASURE M FUNDING ELIGIBLITY Recommendations:
(1) Approve the 7-Year Capital Improvement Program for transportation and transit improvement projects required for Measure M eligibility; and (2) Adopt the resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, CONCERNING THE STATUS AND UPDATE OF THE PAVEMENT MANAGEMENT PLAN FOR THE MEASURE M2 PROGRAM FOR THE CITY OF LAGUNA BEACH.” Staff Report
7. APPROVAL OF $7.5 MILLION LOW-INTEREST LOAN AGREEMENT WITH CALIFORNIA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK FOR WASTEWATER SYSTEM IMPROVEMENTS Recommendation: Authorize the City Manager to sign all contract documents for a low-interest loan totaling up to $7.5 million from the California Infrastructure and Economic Development Bank.
Staff Report
8. REQUEST TO WITHDRAW AN APPEAL OF THE PLANNING COMMISSION’S DENIAL OF AN ART GALLERY AT 572 SOUTH COAST HIGHWAY AND REFUND APPEAL FEE Recommendation: Approve the appellant’s request to withdraw the appeal of the Planning Commission’s denial of Conditional Use Permit 21-10136 and refund the $748 appeal filing fee.
Staff Report
9. AMENDED AND RESTATED SERVICE PROVIDER AGREEMENT FOR SENIOR TRANSPORTATION SERVICES Recommendations:
(1) Authorize the City Manager to execute an Amended and Restated Service Provider Agreement with Sally’s Fund, to provide senior transportation services, for an annual amount of $78,000 in Fiscal Year 2022-23 and Fiscal Year 2023-24, effective July 1, 2022; and (2) Authorize the City Manager to extend the agreement for two additional two-year terms.
Staff Report
10. SERVICE PROVIDER AGREEMENT FOR VEGETATION MANAGEMENT SERVICES RELATED TO FUEL MODIFICATION Recommendations:
(1) Authorize the City Manager to execute a service provider agreement with Nature’s Image for fuel modification hand crew services in the amount not-to-exceed $3,212,000 for a three-year term; (2) Authorize the City Manager to approve project related expenses for unforeseen circumstances for an amount not-to-exceed $488,000; (3) Appropriate $1,459,000 for Phase II of the Bluebird Canyon Fuel Modification Zone, with an increase in grant revenue of $1,094,000; and (4) Authorize the use of $365,000 from the Wildfire Mitigation fund balance to meet the local 25% project matching requirement for Phase II of the Bluebird Canyon Fuel Modification project.
Staff Report
11. RESOLUTION RATIFYING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LAGUNA BEACH AND THE LAGUNA BEACH MUNICIPAL EMPLOYEES’ ASSOCIATION AND PROVIDING COMPARABLE BENEFITS TO NON-REPRESENTED MANAGEMENT EMPLOYEES Recommendations:
(1) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, RATIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE LAGUNA BEACH MUNICIPAL EMPLOYEES’ ASSOCIATION”; (2) Approve providing comparable benefits to non-represented management employees; and (3) Authorize the City Manager to modify the proposed budget for Fiscal Year 2022-23 by transferring funding already appropriated.
Staff Report
12. CITIZENS’ AUDIT REVIEW AND MEASURE LL OVERSIGHT COMMITTEE – MEASURE LL REPORT FOR FISCAL YEAR 2020-21 Recommendation: The Citizens’ Audit Review and Measure LL Committee recommends that the City Council receives the Measure LL Report for Fiscal Year 2020-21.
Staff Report
13. SECOND AMENDMENT TO SERVICE PROVIDER AGREEMENT FOR ZONING PLAN CHECK SERVICES Recommendation: Authorize the City Manager to execute a second amendment to Agreement #21-121 with Sagecrest Planning and Environmental, to provide additional planning services for a cost not-to-exceed $15,000.
Staff Report
14. APPROVE AND AUTHORIZE THE EXECUTION OF A NON-DISCLOSURE AGREEMENT WITH MULTIPLE PARTIES RELATED TO INVESTIGATING THE COASTAL FIRE Recommendations:
(1) Approve entering into a Non-Disclosure Agreement (NDA) between the Safety and Enforcement Division of the California Public Utilities Commission, the California Department of Forestry and Fire Protection, Orange County Fire Authority, City of Laguna Beach, and the Office of Energy Infrastructure Safety; and (2) Authorize the City Manager to execute the NDA and other applicable documents.
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.
15. NORTH COAST INTERCEPTOR RELIABILITY REPORT UPDATE AND RESOLUTION TO AUTHORIZE PHASE 2 LOW-INTEREST LOAN FOR NORTH COAST INTERCEPTOR REACH 5 REPLACEMENT PROJECT Recommendations:
(1) Direct the City Manager to pursue North Coast Interceptor (NCI) Project Alternative 6, and incorporate the recommended projects into the Wastewater Finance Plan based on the results of the NCI Condition Assessment Project results; (2) Approve the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE CALIFORNIA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK (“IBANK”) FOR FINANCING A CAPITAL IMPROVEMENT PROJECT, DECLARATION OF OFFICIAL INTENT TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF AN OBLIGATION, AND APPROVING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH,” for a future low-interest loan totaling up to $8.5 million from the California Infrastructure and Economic Development Bank; and (3) Appropriate $300,000 from available Wastewater Fund balance to fund the design and entitlement for the NCI Replacement Project.
Staff Report
COUNCILMEMBER ITEM
16. CLIMATE CHANGE RESOLUTION (WEISS) A request by Councilmember George Weiss for the Council to adopt a Climate Change resolution.
Staff Report
Public Comments (received after Agenda posted)
ADJOURNMENT TO THE INTERVIEWS AND APPOINTMENTS AT 3:00 P.M., THEN 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, JUNE 7, 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.