AGENDA
TUESDAY, SEPTEMBER 20, 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 September 19, 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 September 20, 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 September 20, 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 p.m. to 5:00 p.m.
Closed Session
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 Regular Meeting of the City Council of August 16, 2022.
Minutes
2. WARRANT LISTING
Warrants: $ 1,703,452.34 (08/05/2022)
$ 3,413,362.61 (08/19/2022)
$ 21,000.00 (08/31/2022
$ 5,137,814.95
Payroll #3 $ 1,595,555.74 (08/12/2022)
Payroll #4 $ 1,468,039.74 (08/26/2022)
$ 3,063,595.48
Total $ 8,201,410.43
Recommendation: Approve the General Warrants and payroll disbursements.
Staff Report
3. CLAIMS AGAINST THE CITY
Recommendations:
(1) Reject claim #21-18 filed by United Services Automobile Association as subrogee of Teruo Yamamoto; (2) Reject claim #22-01 filed by Diane Varela;
(3) Reject claim #22-21 filed by Adina Ungureanu;
(4) Reject claim #22-22 filed by Romeo Steven Amaya;
(5) Reject claim #22-29 filed by Geico Insurance as subrogee of Jody Forness; and (6) Reject claim #22-30 filed by Shane Hardin.
Staff Report
4. CITY TREASURER’S MONTLY INVESTMENT REPORT FOR JUNE AND JULY, 2022 Recommendations: Receive and file the Monthly Investment Report for June and July, 2022.
Staff Report
5. VILLAGE ENTRANCE SPECIAL EVENT PERMITS
Recommendations:
(1) Approve the request by the Laguna Beach Rotary Club to use Lots 11 and 12 at no cost; approve the use of 30 reserved parking spots in Lot 10, and 15 metered spaces on Forest Avenue at no cost; approve the use of amplified sound and portable toilets; and approve the installation of a temporary fence, sale of food and alcoholic beverages with the appropriate permits for a period of three years for the annual Classic Car Show; (2) Approve the use of Lot 10 for “Drive-In Movies” for local non-profits between Labor Day and Memorial Day at no cost for a period of three years; and (3) Approve the lease of Lots 10 and 11 for special event parking from Labor Day to Memorial Day, at the cost of $5 per parking space, for a period of three years.
Staff Report
6. ENHANCEMENT TO THE POLICE, FIRE, AND MARINE SAFETY OPERATIONS Recommendations:
(1) Increase the Property Tax revenue estimate by $830,000 to reflect the increase in Assessed Valuation reported by the Orange County Assessor that is above the Fiscal Year 2022-23 budget estimate; (2) Appropriate $648,000 to fund a Police Lieutenant position in the Police Department, a Deputy Fire Chief, and Senior Administrative Analyst position in the Fire Department, the purchase of two vehicles, and maintenance costs for two Marine Safety Rescue Vessels; (3) Authorize the addition of three positions to the Fiscal Year 2022-23 Adopted Budget; (4) Authorize the City Manager to execute any agreements with the State of California for the acquisition of two surplus rescue vessels; (5) Accept a donation from residents Steve Chadima and Mark Porterfield that helps offset the cost of the two Marine Safety Rescue Vessels over the next three years, increase the estimated revenue in the General Fund to reflect the donation, and authorize the Mayor to sign thank you letters to the donors; and (6) Approve the Resolution titled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, SETTING PAY RANGES FOR CITY MANAGEMENT EMPLOYEES” adding the Deputy Fire Chief to the salary schedules.
Staff Report
7. SERVICE PROVIDER AGREEMENT FOR THE MAIN BEACH MANAGEMENT PLAN’S OUTREACH AND ENGAGEMENT PROGRAM Recommendation: Authorize the City Manager to execute a service provider agreement with Friendship Shelter, Inc. through June 30, 2023 for outreach services in the amount not-to-exceed $103,000. .
Staff Report
8. RESPONSE TO ORANGE COUNTY GRAND JURY REPORT ON HOMELESSNESS IN ORANGE COUNTY Recommendation: Authorize the City Manager to submit the attached response to the Orange County Grand Jury Report on homelessness to the Presiding Judge of the Orange County Superior Court.
Staff Report
9. GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON TO PLACE UNDERGROUND ELECTRICAL EQUIPMENT IN THE LIBRARY PARKING LOT (APN 644-014-01) Recommendation: Grant an easement to Southern California Edison for placement and maintenance of an underground vault in the Library parking lot and authorize the City Manager to execute the easement on behalf of the City.
Staff Report
10. ESTABLISH A CITIZENS’ AUDIT REVIEW AND INVESTMENT ADVISORY COMMITTEE Recommendation: Establish the Citizens’ Audit Review and Investment Advisory Committee to add the responsibilities of an investment advisory committee to the duties of the Citizens’ Audit Review Committee by adopting the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ADDING THE RESPONSIBILITIES OF AN INVESTMENT ADVISORY COMMITTEE TO THE DUTIES OF THE CITIZENS’ AUDIT COMMITTEE AND ESTABLISHING A CITIZENS’ AUDIT REVIEW AND INVESTMENT ADVISORY COMMITTEE.” Staff Report
11. AMENDMENT TO SERVICE PROVIDER AGREEMENT FOR SOLID WASTE CONSULTING SERVICES Recommendation: Authorize the City Manager to amend Agreement No. 21-97 with EcoNomics, Inc, in the amount of $71,600 for Solid Waste Consulting Services to assist the City with the procurement process for a new solid waste franchise agreement for a total cost of $221,600.
Staff Report
12. ADOPT A RESOLUTION APPROVING A JOINT EXERCISE OF POWERS AGREEMENT FORMNG THE LAGUNA BEACH FINANCING AUTHORITY TO PARTIALLY FUND THE ACQUISITION OF 30516 COAST HIGHWAY Recommendations:
(1) Adopt the resolution titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING, AUTHORIZING AND DIRECTING THE EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT BY AND BETWEEN THE CITY OF LAGUNA BEACH AND THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO FORM THE LAGUNA BEACH FINANCING AUTHORITY;" and (2) Authorize the City Manager or the Director of Administrative Services, to make changes to the form of Joint Exercise of Power Agreement, if necessary.
Staff Report
Revised Resolution
13. FINDINGS FOR VIRTUAL MEETINGS OF CITY COUNCIL AND CITY COMMISIONS, COMMITTEES, BOARDS AND OTHER BODIES Recommendation: Adopt the attached 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
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. FIRST READING OF AN ORDINANCE AMENDING THE LAGUNA BEACH MUNICIPAL CODE TO ENACT NEW REGULATIONS FOR USE OF CITY PARKS AND BEACHES Recommendation: Introduce the Ordinance adding to Title 18 Beach and Parks of the City of Laguna Beach Municipal Code pertaining to Sections 18.04.018 Business on City Property; 18.04.120 Golf Prohibited; 18.04.130 Operation of Ultralight Vehicles and Balloons; 18.28.016 Use of Dog Parks; 18.28.018 Baseball at Riddle Field; 18.28.025 Organized Play; and 18.28.110 Penalty 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 passing it to a second reading at the October 4, 2022, City Council meeting.
Staff Report
Public Comments (received after Agenda posted)
15. LAGUNA LOCAL ON-DEMAND UPDATE AND PROPOSED SERVICE PLAN Recommendations:
(1) Receive and file a report on the performance of the Laguna Local on-demand transit pilot program; (2) Direct staff to expand the Laguna Local program to serve additional residential areas in north and south Laguna Beach and begin offering the service on Sundays as well; and (3) Appropriate $400,000 in the Transit Fund to implement the Laguna Local service expansion and increase the transfer from the Parking Fund to the Transit Fund by the same amount.
Staff Report
Public Comments (received after Agenda posted)
16. CONSIDERATION OF CITY ASSUMPTION OF MARINE SAFETY OPERATIONS, COASTAL PROPERTY OWNERSHIP, AND MAINTENANCE RESPONSIBILITIES FOR SOUTH LAGUNA BEACHES Recommendation: Direct staff to proceed with developing an agreement with the County of Orange by November 15, 2022 to assume ownership of all County beach properties in Laguna Beach including Aliso Beach parking and concessions, capital improvements and maintenance responsibility of beach accesses, and all marine safety operations.
Staff Report
17. ACQUISITION OF 31796 SOUTH COAST HIGHWAY FOR USE AS FUTURE FIRE STATION NO. 4 AND RELATED PUBLIC USE FACILITY Recommendations:
(1) Approve the purchase of 31796 S. Coast Highway (APNs: 056-105-04; -07; and -35) for a purchase price of $6,100,000 plus related closing fees; (2) Authorize the City Manager to execute all applicable documents to include, but not limited to, continued due diligence and environmental determination; (3) Direct the City Manager, upon assumption of the current lease with the building tenant, to negotiate a termination date to align with completion of design and entitlement process; and (4) Appropriate $1.3 million of the remaining America Rescue Plan Act funding and temporarily borrow $1 million from the Vehicle Replacement Fund for this purchase. The Vehicle Replacement Fund will be repaid once the property located at 31729 Coast Highway is sold.
Staff Report
18. ZONING ORDINANCE AMENDMENT 20-6662 AND LOCAL COASTAL PROGRAM AMENDMENT 20-6663 AMENDING LAGUNA BEACH MUNICIPAL CODE CHAPTER 25.05 (ADMINISTRATION) RELATING TO STREAMLINING OF THE DESIGN REVIEW PROCESS, AND AMENDING LAGUNA BEACH MUNICIPAL CODE SECTIONS 25.50.008 (PERMITTED PROJECTIONS INTO REQUIRED SETBACKS), 25.50.012 (FENCES, WALLS, HEDGES, LATTICEWORK AND SCREENS) AND PORTIONS OF SECTIONS 25.05.040(B)1, 25.05.040(B)(2) AND 25.15.004(A)(7) RELATING TO FUEL MODIFICATION PROGRAMS AND FIRE SAFETY AS MODIFIED AND APPROVED BY THE CALIFORNIA COASTAL COMMISSION Recommendations:
(1) Introduce the attached Ordinances that accept the Coastal Commission’s suggested modifications amending the City’s Municipal Code and the City’s Local Coastal Program as described in this Agenda Report by: a) asking the City Clerk to read the title of the Ordinances, and b) approving a motion to waive further reading of the Ordinances and pass them to a second reading; (2) Adopt the attached Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING LOCAL COASTAL PROGRAM AMENDMENT 20-6663 AMENDING LAGUNA BEACH MUNICIPAL CODE CHAPTER 25.05 (ADMINISTRATION) RELATING TO STREAMLINING OF THE DESIGN REVIEW PROCESS AND AMENDING SECTIONS 25.50.008 (PERMITTED PROJECTIONS INTO REQUIRED SETBACKS) AND 25.50.012 (FENCES, WALLS, HEDGES, LATTICEWORK AND SCREENS) AS MODIFIED AND APPROVED BY THE CALIFORNIA COASTAL COMMISSION”; and (3) Adopt the attached Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING LOCAL COASTAL PROGRAM AMENDMENT 20-6663 TO AMEND PORTIONS OF CHAPTERS 25.05 (ADMINISTRATION) AND 25.15 (R/HP RESIDENTIAL/HILLSIDE PROTECTION ZONE) OF THE LAGUNA BEACH MUNICIPAL CODE, AS MODIFIED AND APPROVED BY THE CALIFORNIA COASTAL COMMISSION.” Staff Report
Public Comments (received after Agenda posted)
Additional Public Comments
19. ZONING ORDINANCE AMENDMENT 20-7713 AND LOCAL COASTAL PROGRAM AMENDMENT 20-7714 AMENDING LAGUNA BEACH MUNICIPAL CODE CHAPTERS 11.06, 25.07, AND 25.55 REGARDING THE REGULATION OF WIRELESS TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY AS MODIFIED BY THE CALIFORNIA COASTAL COMMISSION Recommendations:
(1) Introduce the attached Ordinance that accepts the Coastal Commission’s suggested modifications amending the City’s Municipal Code and the City’s Local Coastal Program as described in this Agenda Report 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; and (2) Adopt the attached Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF LAGUNA BEACH, CALIFORNIA, ACKNOWLEDGING RECEIPT OF THE CALIFORNIA COASTAL COMMISSION’S CERTIFICATION; ACCEPTING AND AGREEING TO THE SUGGESTED MODIFICATIONS; ADOPTING LOCAL COASTAL PROGRAM AMENDMENT 20-7714 REGARDING THE REGULATION OF WIRELESS TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY AND AMENDMENTS TO CHAPTERS 11.06, 25.07, AND 25.55 OF THE LAGUNA BEACH MUNICIPAL CODE, AND REQUESTING ITS CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION, AND AGREEING TO IMPLEMENT THE LOCAL COASTAL PLAN IN A MANNER FULLY CONSISTENT WITH THE CALIFORNIA COASTAL ACT.” Staff Report
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, OCTOBER 4, 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.