AGENDA
TUESDAY, AUGUST 16, 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 August 15, 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 August 16, 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 August 16, 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.
CITY COUNCIL MEETING 5:00 p.m.
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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.
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.
1. MINUTES OF THE CITY COUNCIL MEETING
Recommendation: It is recommended by the City Clerk that the City Council approve the Minutes of the Special Meeting of the City Council of July 26, 2022, and the Regular Meeting of the City Council of August 2, 2022.
Minutes
2. WARRANT LISTING
Warrants: $3,703,350.73 07/22/2022
$1,218,118.66 (I-Bank Wires) 07/27/2022
$4,921,469.39
Payroll #1: $1,620,616.20 07/29/2022
Total $6,542,085.59
Recommendation: Approve the General Warrants and payroll disbursements.
Staff Report
3. SERVICE PROVIDER AGREEMENTS FOR GRANT SEEKING AND WRITING SERVICES Recommendations:
(1) Authorize the City Manager to execute a consultant service agreement with Curt Pringle & Associates, for Fiscal Year 2022-23, in an amount not to exceed $90,000, for grant seeking and writing services, with an option to extend the agreement for Fiscal Year 2023-24; (2) Authorize the City Manager to execute an on-call consultant service agreement with Mark Thomas & Company, Inc. to assist with seeking grants for transportation infrastructure projects; (3) Authorize the City Manager to execute an on-call consultant service agreement with Hoch Consulting APC to assist with seeking grants for wastewater infrastructure projects; and (4) Continue to retain Townsend Public Affairs, Inc. as the lead agency for legislative affairs, which includes garnering support for City programs and projects at the state and federal level.
Staff Report
4. APPROVAL OF CLIMATE ACTION AND ADAPTATION PLAN SCOPE OF SERVICES AND RELEASE OF REQUEST FOR PROPOSAL Recommendations:
(1) Review and approve the proposed scope of services for the California Environmental Quality Act Compliant Climate Action and Adaptation Plan; and (2) Direct staff to release the Request for Proposals for the development of the Climate Action and Adaptation Plan.
Staff Report
Public Comments (received after Agenda posted)
5. FINDINGS FOR VIRTUAL MEETINGS OF CITY COUNCIL AND CITY COMMISSIONS, COMMITTEES, BOARDS AND OTHER BODIES Recommendation: Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS FOR AUTHORIZING VIRTUAL MEETINGS OF CITY COUNCIL AND CITY COMMISSIONS, COMMITTEES, BOARDS, AND OTHER BODIES PURSUANT TO ASSEMBLY BILL 361.” Staff Report
6. PRELIMINARY ENGINEER’S REPORT, RESOLUTION OF INTENTION, AND RESOLUTION PRELIMINARILY APPROVING THE ENGINEER’S REPORT FOR PROPOSED UNDERGROUND UTILITY ASSESSMENT DISTRICT 2013-2 (DIAMOND STREET) Recommendations:
(1) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS AND TO FORM UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 2013-2 (DIAMOND STREET)”; (2) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, PRELIMINARILY ADOPTING, CONFIRMING, AND APPROVING THE ENGINEER’S REPORT AND APPOINTING THE TIME AND PLACE FOR HEARING PROTESTS TO IMPROVEMENTS IN PROPOSED UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 2013-2 (DIAMOND STREET),” appointing the October 4, 2022, City Council Meeting for a public hearing regarding proposed Underground Utility Assessment District 2013-2; and (3) Acknowledge the intent to contribute $204,001 for the General Benefit cost from the Street Lighting and Utility Fund if the district is approved and prior to bonds being sold.
Staff Report
7. AWARD PROFESSIONAL SERVICES CONTRACT FOR NORTH COAST INTERCEPTOR REACH 5 PROJECT Recommendations:
(1) Award a professional services contract to Dudek for design, environmental documentation, and regulatory permitting for the North Coast Interceptor Reach 5 Replacement Project in the amount of $954,555; (2) Authorize the City Manager to approve related expenses and change orders for unanticipated costs up to $140,000;for a public hearing regarding proposed Underground Utility Assessment District 2013-2; and (3) Appropriate $276,079 from the available Wastewater Fund balance; and (4) Transfer budgets from deferred projects and project savings listed in Table 2.
Staff Report
8. RESPONSE TO GRAND JURY REPORT ON EMERGENCY MEDICAL SERVICE RESPONSE IN ORANGE COUNTY Recommendation: Authorize the City Manager to submit the response to the Grand Jury Report on Emergency Medical Service to the presiding judge of the Orange County Superior Court.
Staff Report
9. AWARD OF CONTRACT FOR BLUEBIRD CANYON DRIVE SLOPE STABILIZATION WEST OF SALING WAY Recommendations:
(1) Award and authorize the City Manager to execute a contract with Horizons Construction Company International (Horizons) in the amount not-to-exceed $424,200, for construction of Bluebird Canyon Drive Slope Stabilization West of Saling Way (BCD Slope Stabilization); (2) Authorize the City Manager to approve project related expenses for change orders and unforeseen circumstances for an amount not-to-exceed $50,000; and (3) Transfer an appropriation of $125,000 in project savings from the Laguna Canyon Channel Rehabilitation project to the Citywide Storm Damage Slope Street account.
Staff Report
10. ADOPTION OF ORDINANCE AMENDING LAGUNA BEACH MUNICIPAL CODE SECTIONS 25.05.040, 25.05.025 AND 25.51.010 RELATING TO BUILDING HEIGHT, MASS, BULK, AND PARKING WITHIN THE COMMERCIAL DISTRICTS Recommendation: Adopt the Ordinance titled, “AN ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING LAGUNA BEACH MUNICIPAL CODE SECTIONS 25.05.040, 25.05.025 AND 25.51.010 RELATING TO BUILDING HEIGHT, MASS, BULK AND PARKING WITHIN THE COMMERCIAL DISTRICTS.” Staff Report
Public Comments (received after Agenda posted)
Additional Public Comments
11. ACCEPTANCE OF GRANT OF EASEMENT TO THE CITY OF LAGUNA BEACH FOR OPEN SPACE AT 1587 ATLANTIC WAY (APN 641-171-12) Recommendation: Accept the offer of easement for open space over a portion of private property located at 1587 Atlantic Way and authorize the City Clerk to execute the Certificate of Acceptance, and to record the Grant of Easement on behalf of the City.
Staff Report
12. RESOLUTION APPROVING LOT LINE ADJUSTMENT 21-10961 AND COASTAL DEVELOPMENT PERMIT 22-1390 (1201 NORIA STREET) Recommendation: Adopt the proposed Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT 21-10961 AND COASTAL DEVELOPMENT PERMIT 22-1390 AT 1201 NORIA STREET, AND A CATEGORICAL EXEMPTION PURSUANT TO STATE CEQA GUIDELINES SECTION 15305.” Staff Report
Public Comments (received after Agenda posted)
Additional Public Comments
13. SERVICE PROVIDER AGREEMENT TO EXPAND THE CITY’S OUTDOOR WARNING SYSTEM Recommendation: Authorize the City Manager to execute a service provider agreement with Genasys Inc., in the amount not-to-exceed $285,000, to provide consulting, planning, installation, and software hosting for additional outdoor warning speakers.
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.
14. REVIEW OF THE PARKING MANAGEMENT PLAN FOR THE RED DRAGON RESTAURANT AT 680 S. COAST HIGHWAY Recommendation: Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING A PARKING MANAGEMENT PLAN AS REQUIRED BY CONDITIONAL USE PERMIT 19-5417 FOR THE RESTAURANT (THE RED DRAGON) AT 680 SOUTH COAST HIGHWAY.” Staff Report
15. RESOLUTION ADOPTING CITYWIDE EFFORTS TO ADDRESS CLIMATE CHANGE Recommendation: Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING CITYWIDE EFFORTS TO REDUCE GREENHOUSE GAS EMISSIONS AND BUILD TOWARDS CLIMATE RESILIENCY.” Staff Report
16. SOLID WASTE FRANCHISE AGREEMENT REQUEST FOR PROPOSALS RECOMMENDATIONS:
(1.) Approve the Request for Proposals for the Collection, Transportation, Processing and Diversion of Recyclable Materials, and other Materials, and for the Collection, Transportation and Disposal of Municipal Solid Waste; and (2.) Authorize the City Manager to make non-substantive changes to the RFP and its attachments, and to solicit proposals.
Staff Report
17. FINANCIAL STRATEGIES AND APPROVAL TO PURCHASE 30516 COAST HIGHWAY (ST. CATHERINE OF SIENA SCHOOL PROPERTY) Recommendations:
(1) Authorize the City Manager to make a formal offer to the Diocese of Orange for $23 million for the purchase of St. Catherine of Siena school property (Property), inclusive of a refundable deposit up to 3% of the total purchase price, and to enter into a purchase and sale agreement upon acceptance of the offer, with an escrow period up to 120 days; (2) Determine that the recommended acquisition is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines section 15061(b)(3) and section 15301 (class 1) categorical exemption due to the continued use of an existing facility with negligible or no expansion of use; (3) Adopt Financing Option 1, by appropriating $23.5 million for the purchase of the Property using $4 million from the Future City Facilities account, $2 million from the available American Rescue Plan Act (ARPA) funds designated for City Facilities, $3 million from the General Fund mid-year savings, $2 million from Vehicle Replacement Fund mid-year savings, $1 million Insurance Fund mid-year savings, and internally borrowing $11.5 million that includes $2 million from the Parking Fund, $6.5 million from the Vehicle Replacement Fund, and $3 million from the Insurance Fund Compensated Absences; (4) Direct the City Manager to repay the borrowed amount in priority order of the Parking Fund, Vehicle Replacement Fund, and Insurance Fund Compensation Absences; (5) Appropriate $172,000 in the General Fund for the internal loan first year interest payment, with a matching increase in estimated interest revenue; and (6) Provide other direction as appropriate.
Staff Report
Staff Memo with Revised Recommendation
Additional Public Comments
ADJOURNMENT TO THE CLOSED SESSION AT 4:00 P.M, AND
HYBRID VIRTUAL/IN-PERSON REGULAR CITY COUNCIL MEETING AT 5:00 P.M., TUESDAY, SEPTEMBER 20, 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.