AGENDA
TUESDAY, JUNE 21, 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 June 20, 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 June 21, 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 June 21, 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 4:00 PM to 5:00 PM
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Closed Session
CITY COUNCIL MEETING 5:00 p.m.
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EXTRAORDINARY BUSINESS
1. RECOGNITION OF CITY EMPLOYEES FOR MILESTONE YEARS OF SERVICE Recommendation: Receive and file the report recognizing City employees with milestone years of service in the second quarter of the calendar year.
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.
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.
2. MINUTES OF THE CITY COUNCIL MEETING
Recommendation: It is recommended by the City Clerk that the City Council approve the Minutes of the Interviews & Appointments and Regular Meeting of the City Council of June 7, 2022.
Minutes
3. WARRANT LISTING
Warrants: $3,400,471.69 05/27/2022
Payroll #25: $1,331,236.40 06/03/2022
Total $4,731,708.09
Recommendation: Approve the General Warrants and payroll disbursements.
Staff Report
4. CLAIMS AGAINST THE CITY
Recommendations:
(1) Reject claim #22-09 filed by John Trozak
(2) Reject claim #22-14 filed by Shen Shu Chen and Hisako Koyanagi; and (3) Reject claim #22-20 filed by Mercury Insurance as a subrogee of Makenna Jenal.
Staff Report
5. COVENANTS, CONDITIONS, AND RESTRICTIONS (CC&Rs) FOR THE DEVELOPMENT AT 1369 N. COAST HIGHWAY Recommendation: Adopt the Resolution approving the Covenants, Conditions, and Restrictions (CC&Rs) for the development at 1369 N. Coast Highway.
Staff Report
6. AWARD OF CONTRACTS FOR COMMUNITY DEVELOPMENT DEPARTMENT’S ON-CALL CONSULTANT SERVICES Recommendations:
(1) Approve the on-call consultant team selection for Community Development Department’s development services; and (2) Authorize the City Manager to execute service provider agreements with selected on-call consultant team firms for a three-year period.
Staff Report
7. APPROVE QUITCLAIM DEEDS TO RELINQUISH UNNEEDED SEWER EASEMENTS AND ACCEPT NEW EASEMENT DEED FOR EXISTING SEWER PIPELINE Recommendations:
(1) Authorize the City Manager to execute two Quitclaim Deeds relinquishing any rights of the City regarding sewer-related easement interests over the private property located at 139 Moss Street; and (2) Accept the new 10-foot sewer easement over the private property located at 139 Moss Street and authorize the City Clerk to execute the recording documents.
Staff Report
8. APPROVAL OF COASTAL GREENBELT AUTHORITY BYLAW AMENDMENTS Recommendation: Approve the amended and restated bylaws of the Coastal Greenbelt Authority as recommended by unanimous vote of the Coastal Greenbelt Authority.
Staff Report
9. ADOPTION OF ORDINANCE ADDING CHAPTER 2.37 PERTAINING TO THE ADOPTION OF A MILITARY EQUIPMENT POLICY Recommendation: Adopt the Ordinance titled, “AN ORDINANCE OF THE CITY OF LAGUNA BEACH ADDING CHAPTER 2.37 OF TITLE 2 OF THE LAGUNA BEACH MUNICIPAL CODE ESTABLISHING RULES PURSUANT TO ASSEMBLY BILL 481 REGARDING THE LAGUNA BEACH POLICE DEPARTMENT'S ACQUISITION AND USE OF MILITARY EQUIPMENT.” 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.
10. ADOPTION OF FISCAL YEAR 2022-23 BUDGET AND REVISIONS TO THE FISCAL YEAR 2021-22 ADOPTED BUDGET Recommendations:
(1) Approve the City budget for the Fiscal Year 2022-23 by adopting the Resolution titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING THE REVISED CITY BUDGET FOR THE 2022-23 FISCAL YEAR"; (2) Provide direction on salary and performance pay for the City Treasurer and City Clerk, and direct the City Manager to modify the salary schedules to reflect the City Council’s actions; (3) Approve the salary schedules for the Fiscal Year 2022-23 by adopting the Resolution titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, SETTING PAY RANGES FOR CITY EMPLOYEES"; (4) Approve the Memorandum of Understanding with the Marine Safety Association by adopting the Resolution titled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, RATIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LAGUNA BEACH AND THE LAGUNA BEACH MARINE SAFETY ASSOCIATION"; (5) Approve the modifying the rates for the City Attorney by adopting the Resolution titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, MODIFYING RATES FOR CITY ATTORNEY SERVICES PROVIDED BY RUTAN & TUCKER"; (6) Approve the appropriations limit for the Fiscal Year 2022-23 by adopting the Resolution Titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2022-23 IN ACCORDANCE WITH ARTICLE XIIIB OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, CHAPTER 1205 OF THE REVENUE AND TAXATION CODE SECTION 791"; (7) Approve or modify the recommendations made by the subcommittee regarding the Community Assistance Grants for Fiscal Year 2022-23 and direct the City Manager, or her designee, to disburse the funds accordingly; (8) Approve the recommended Cultural Arts Grants for Fiscal Year 2022-23 and direct the City Manager, or her designee, to disburse the funds accordingly; (9) Approve the budget changes for the Fiscal Year 2021-22 as described in the Agenda Report and authorize the City Manager to modify the budget accordingly; and (10) Award and authorize the City Manager, or her designee, to execute a contract with Rhode and Associates for $173,000 to oversee the final phases of implementation for the Bluebird, Park Avenue, and South Laguna Fuel Modification Zones, as well as maintain existing fuel modification zones in FY 2022-23.
Agenda Report
11. CALLING OF THE GENERAL MUNICIPAL ELECTION TO ELECT MUNICIPAL OFFICERS, ADOPTING REGULATIONS FOR CANDIDATES’ STATEMENTS, REQUESTING CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 8, 2022 AND SUBMITTING VOTER-INITIATED BALLOT MEASURES, SETTING PRIORITIES FOR BALLOT MEASURE ARGUMENTS, DIRECTING IMPARTIAL ANALYSIS BY THE CITY ATTORNEY, AND PROVIDING FOR REBUTTAL ARGUMENTS FOR BALLOT MEASURES Recommendations:
(1) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS, AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES,” calling and giving notice of the election to elect three members of the City Council, each for the full term of four years; (2) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES’ STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022”; (3) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE, PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE” which administratively consolidates the municipal election with the statewide General Election and submits to the voters three initiative measures; (4) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSIS”; and (5) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS.” Staff Report
COUNCILMEMBER ITEM
12. CONSIDERATION OF AN ORDINANCE TO PROHIBIT THE SALE AND USE OF LIGHTER THAN AIR BALLOONS WITHIN THE CITY OF LAGUNA BEACH (WHALEN AND WEISS) Mayor Pro Tem Bob Whalen and Councilmember George Weiss support the City adopting an ordinance to ban the sale of balloons made of metalized or foil materials that conduct electricity, including Mylar, and request that Council direct staff to return to Council with a proposed ordinance.
Councilmember Item
Public Comments (received after Agenda posted)
Additional Public Comments
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.