AGENDA
TUESDAY, OCTOBER 4, 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 October 3, 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 October 4, 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 October 4, 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 p.m.
Closed Session
CITY COUNCIL MEETING 5:00 p.m.
EXTRAORDINARY BUSINESS
1. PROCLAMATION RECOGNIZING LAGUNA BEACH LITTLE LEAGUE ALL-STAR TEAM Recommendation: Approve the Proclamation recognizing Laguna Beach Little League Intermediate All-Star Team on their accomplishments of becoming the District 55 Champions, Section 10 Champions, SoCal State Champions and Western Regional Finalists.
Proclamation
2. RECOGNITION OF CITY EMPLOYEES FOR MILESTONE YEARS OF SERVICE Recommendation: Receive and file the report recognizing City employees with milestone years of service.
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.
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 September 20, 2022.
Minutes
4. WARRANT LISTING
Warrants: $2,151,430.85 09/02/2022
$ 200,000.00 09/06/2022
$2,016,864.48 09/16/2022
$4,368,295.33
Payroll #27 $1,666,529.03 07/01/2022
Payroll #5 $1,476,099.86 09/09/2022
$3,142,628.89
Total $7,510,924.22
Recommendation: Approve the general warrants and payroll disbursements.
Staff Report
5. AMENDMENT TO SERVICE PROVIDER AGREEMENT FOR DOWNTOWN DAY PORTER SERVICES Recommendation: Consolidate the Promenade on Forest’s Fiscal Year 2022-23 janitorial services budget of $150,000 into the Downtown janitorial services budget by authorizing the City Manager to amend agreement #20-121 with Spectrum Facility Maintenance, for a total annual cost not-to-exceed $524,628.
Staff Report
Public Comments (received after Agenda posted)
6. AWARD OF TASK ORDER FOR PRELIMINARY DESIGN OF CLEO STREET BEACH ACCESS IMPROVEMENTS Recommendations:
(1) Authorize the City Manager to award a Task Order to Stantec, in the amount of $160,786, for preliminary design of Cleo Street Beach Access Improvements; and (2) Authorize the City Manager to approve change orders for additional design related services that may be required in an amount not-to-exceed $16,000.
Staff Report
7. AWARD OF CONTRACT FOR RIDDLE FIELD PLAYGROUND REPLACEMENT Recommendations:
(1) Award and authorize the City Manager to execute a contract with Innovative Playgrounds Company, Inc. in the amount not-to-exceed $249,872, for furnishing and installing Riddle Field Playground Replacement; and (2) Authorize the City Manager to approve project-related expenses and contingency for unforeseen circumstances for an amount not to exceed $25,000.
Staff Report
Public Comments (received after Agenda posted)
Additional Public Comments
8. ACCEPTANCE OF GRANT FROM OFFICE OF TRAFFIC SAFETY
Recommendations:
(1) Authorize the City Manager to accept a $110,000 grant from the Office of Traffic Safety Grant; and (2) Appropriate $110,000 with a matching increase in estimated grant revenue to fund overtime salaries, and the purchase of equipment and supplies related to a Driving Under the Influence (DUI) Enforcement and Awareness Program, Traffic Safety Enforcement, and DUI Sobriety Checkpoint.
Staff Report
9. SERVICE PROVIDER AGREEMENT FOR REDUNDANT FIBER INTERNET SERVICES TO CITY HALL Recommendation: Authorize the City Manager to execute a service provider agreement with Crown Castle Fiber, LLC, for a period of five years to provide redundant fiber internet services to City Hall at a cost of $18,000 annually. .
Staff Report
10. PURCHASE OF MOBILE DATA COMPUTERS FOR THE FIRE DEPARTMENT AND MOBILE DATA TABLETS FOR THE MARINE SAFETY DEPARTMENT Recommendation: Authorize the City Manager to purchase 15 Getac A140 ruggedized vehicle-mounted Mobile Data Computers for the Fire Department, and 39 ruggedized tablets for the Marine Safety Department from Code 3 Technologies in an amount not-to-exceed $242,000.
Staff Report
11. AGREEMENT FOR TROLLEY SERVICES DURING THE SAWDUST ART FESTIVAL’S WINTER FANTASY SHOW Recommendations:
(1) Authorize the City Manager to execute an agreement with the Sawdust Art Festival in the amount of $6,000 to provide half the cost of trolley service from Lot 16 during the Sawdust Art Festival’s 2022 Winter Fantasy event; (2) Direct staff to operate trolley service from a free peripheral parking lot in Irvine to the Sawdust Winter Fantasy event on weekends from November 19 through December 18, 2022 as a pilot program; and (3) Appropriate $30,000 in the Transit Fund to implement the pilot program and increase the transfer from the Parking Fund to the Transit Fund by the same amount.
Staff Report
12. AMENDMENT TO SERVICE PROVIDER AGREEMENT FOR BUILDING SERVICES Recommendation: Authorize the City Manager to amend Agreement #22-49 with CSG Consultants, Inc., and Agreement #22-57 with JAS Pacific, to provide additional building services in the amount of $200,000 through January 31, 2023.
Staff Report
13. ADOPTION OF ORDINANCE NO. 1676 AMENDING THE LAGUNA BEACH MUNICIPAL CODE TO ENACT NEW REGULATIONS FOR USE OF CITY PARKS AND BEACHES Recommendation: Adopt the Ordinance titled, “AN ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING THE LAGUNA BEACH MUNICIPAL CODE TO ENACT NEW REGULATIONS FOR USE OF CITY PARKS AND BEACHES” by approving a motion to waive further readings and adopt the ordinance.
Staff Report
14. ADOPTION OF ORDINANCE NO. 1677 ACCEPTING THE CALIFORNIA COASTAL COMMISSION’S MODIFICATIONS AMENDING THE LAGUNA BEACH MUNICIPAL CODE AND LOCAL COASTAL PROGRAM RELATING TO STREAMLINING OF THE DESIGN REVIEW PROCESS Recommendation: Adopt the Ordinance titled, “AN ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING LAGUNA BEACH MUNICIPAL CODE CHAPTER 25.05 (ADMINISTRATION) RELATING TO STREAMLINING OF THE ENTITLEMENT PROCESS AND AMENDING LAGUNA BEACH MUNICIPAL CODE SECTIONS 25.50.008 (PERMITTED PROJECTIONS INTO REQUIRED SETBACKS) AND 25.50.012 (FENCES, WALLS, HEDGES, LATTICEWORK AND SCREENS) TO CLARIFY SETBACK REQUIREMENTS AS MODIFIED BY THE CALIFORNIA COASTAL COMMISSION” by approving a motion to waive further readings and adopt the Ordinance.
Staff Report
15. ADOPTION OF ORDINANCE NO. 1678 ACCEPTING THE CALIFORNIA COASTAL COMMISSION’S MODIFICATIONS AMENDING THE LAGUNA BEACH MUNICIPAL CODE AND LOCAL COASTAL PROGRAM RELATING TO FUEL MODIFICATION PROGRAMS AND FIRE SAFETY Recommendation: Adopt the Ordinance titled, “AN ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING PORTIONS OF LAGUNA BEACH MUNICIPAL CODE 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” by approving a motion to waive further readings and adopt the Ordinance.
Staff Report
16. ADOPTION OF ORDINANCE NO. 1679 ACCEPTING THE CALIFORNIA COASTAL COMMISSION’S MODIFICATIONS AMENDING THE LAGUNA BEACH MUNICIPAL CODE REGARDING THE REGULATION OF WIRELESS TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY Recommendation: Adopt the Ordinance titled, “AN ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, REGULATING WIRELESS TELECOMMUNICATIONS FACILITIES CITY-WIDE, AMENDING CHAPTER 11.06 (TELECOMMUNICATION FACILITIES WITHIN RIGHT-OF-WAY) OF TITLE 11 (STREETS AND SIDEWALKS) TO THE LAGUNA BEACH MUNICIPAL CODE, AND AMENDING CHAPTERS 25.07 (COASTAL DEVELOPMENT PERMITS) AND 25.55 (WIRELESS COMMUNICATIONS FACILITIES) OF TITLE 25 (ZONING) TO PROVIDE UNIFORM AND COMPREHENSIVE REGULATIONS AND STANDARDS, ALONG WITH PERMIT REQUIREMENTS, FOR THE INSTALLATION OF WIRELESS FACILITIES IN THE PUBLIC RIGHTS-OF-WAY, AS MODIFIED BY THE CALIFORNIA COASTAL COMMISSION” by approving a motion to waive further readings and adopt the Ordinance.
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.
17. PUBLIC HEARING AND BALLOTING FOR PROPOSED UNDERGROUND UTILITY ASSESSMENT DISTRICT 2013-2 (DIAMOND STREET) Recommendations:
(1) Receive a brief report on the proposed Undergrounding Utility Assessment District 2013-2; (2) Open the public hearing for public comments;
(3) Close the public hearing and call for submittal of any final ballots; (4) Direct staff to proceed with tallying ballots in Conference Room A, and invite the public to observe the tallying process; (5) Postpone the item until the ballot tally is complete and then resume the meeting on the item, asking staff to report the ballot results; and (6) Review the balloting results, and if the majority of weighted ballots are in favor of the proposed assessment district; then:
a.
Adopt the attached Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, CONFIRMING ASSESSMENTS IN UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 2013-2, ORDERING THE PROPOSED IMPROVEMENTS TO BE MADE, AND DESIGNATING THE CITY TREASURER OR DIRECTOR OF ADMINISTRATIVE SERVICES TO COLLECT AND RECEIVE MONEY”; b.
Adopt the attached Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AWARDING THE CONTRACT FOR CONSTRUCTION OF IMPROVEMENTS IN UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 2013-2 SUBJECT TO RECEIPT OF BOND PROCEEDS,” awarding a construction contract to Hot Line Construction in the amount not to exceed $1,328,603; c.
Contribute $204,001 for the General Benefit cost from the Street Lighting and Utility Fund prior to bonds being sold; and d.
Authorize the City Manager to approve project related expenses and construction change orders for unforeseen circumstances for an amount not-to-exceed $132,860.
OR
(7) If there is not a majority of weighted ballots in favor of the proposed assessment district, then declare the proposed Underground Utility Assessment District 2013-2 (Diamond Street) abandoned for lack of majority support.
Staff Report
Public Comments (received after Agenda posted)
18. UPDATE ON WILDFIRE MITIGATION AND FIRE SAFETY REPORT AND STATUS OF CITYWIDE FUEL MODIFICATION PROGRAM Recommendation: Receive and file the Wildfire Mitigation and Fire Safety report update on project implementation and status report on the Citywide Fuel Modification Program.
Staff Report
19. CITY COUNCIL 2023 MEETING SCHEDULE
Recommendation: Review and approve the meeting schedule for calendar year 2023.
Staff Report
PUBLIC HEARINGS FOR APPEALS
A.
APPEAL OF APPROVAL OF DESIGN REVIEW 21-10112,VARIANCE 21-10113, AND CEQA CATEGORICAL EXEMPTION TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE AND ATTACHED GARAGE AT 44 SOUTH LA SENDA DRIVE IN THE THREE ARCH BAY (TAB) ZONE RECOMMENDATION: Overturn the Design Review Board's conditional approval of Design Review 21-10112, Variance 21-10113, and CEQA Categorical Exemption for a new single-family residence at 44 South La Senda Drive and remand the project to the Board with direction.
Staff Report
Public Comments (received after Agenda posted)
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, OCTOBER 18, 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.