AGENDA
TUESDAY, NOVEMBER 15, 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 November 14, 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 November 15, 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 November 15, 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.
CLOSED SESSION 4:30 p.m. - 5:00 p.m.
Closed Session
REGULAR CITY COUNCIL MEETING 5:00 p.m.
EXTRAORDINARY BUSINESS
1. RESOLUTION COMMENDING TONI ISEMAN FOR HER OUTSTANDING SERVICE AS A MEMBER OF THE CITY COUNCIL Recommendation: Adopt the attached Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, COMMENDING COUNCILMEMBER TONI ISEMAN FOR HER OUTSTANDING CONTRIBUTIONS AND DEDICATION TO THE LAGUNA BEACH COMMUNITY AS A MEMBER OF THE CITY COUNCIL”.
Resolution
Corrected Resolution
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)
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 Regular Meeting of the City Council of October 18, 2022.
Minutes
3. WARRANT LISTING
Warrants: $2,994,329.23 10/14/2022
$2,326,993.44 10/28/2022
$5,321,322.67
Payroll #7 $1,395,859.21 10/01/2022
Payroll #8 $1,338,523.72 10/21/2022
$2,734,382.93
Total $8,055,705.60
Recommendation: Approve the general warrants and payroll disbursements.
Staff Report
4. CLAIMS AGAINST THE CITY
Recommendations:
(1) Reject claim #22-27 filed by Sami Fadel;
(2) Reject claim #22-38 filed by George Basile; and
(3) Reject claim #22-41 filed by Kennette Valencia.
Staff Report
5. CITY TREASURER’S MONTHLY INVESTMENT REPORT FOR SEPTEMBER 2022 Recommendation: It is recommended by the City Treasurer that the City Council receive and file the Monthly Investment Report for September 2022.
Staff Report
6. APPROVAL OF 2022 MILLS ACT CONTRACTS FOR SIX (6) PROPERTIES Recommendations:
(1) Adopt the Resolutions approving Mills Act Preservation Agreements for 375 Flora Street, 1086 Glennerye Street, 416 Holly Street, 427-435 North Coast Highway, 2949 South Coast Highway, and 2767 Victoria Drive; and (2) Authorize the City Manager, or her designee, to sign the contract agreements with the owners of the subject properties.
Staff Report
7. LANG PARK PERMANENT PICKLEBALL COURT CONVERSION, AND CATEGORICAL EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT Recommendation: Direct staff to convert the one tennis court at Lang Park into three permanent pickleball courts, and approve a Categorical Exemption under the California Environmental Quality Act.
Staff Report
Public Comments (received after Agenda posted)
Additional Public Comments
8. LAGUNA BEACH TOURISM MARKETING DISTRICT ANNUAL REPORT Recommendation: Receive and approve the Laguna Beach Tourism Marketing District Annual Report.
Staff Report
9. SERVICE PROVICER AGREEMENT FOR POLICE DEPARTMENT ALARM PROGRAM MANAGEMENT Recommendation: Authorize the City Manager to execute a service provider agreement with Alarm Program Systems, LLC, for a three-year period, to manage the City’s alarm notification program.
Staff Report
10. 2023 PERFORMANCE SCHEDULE FOR CITY FUNDED CONCERTS
Recommendations:
(1) Approve the 2023 performance schedule for City funded concerts; (2) Approve an expenditure of up to $25,000 for the Pacific Opera Project; (3) Authorize the use of amplified sound during the concerts; and (4) Authorize the City Manager to approve revisions to the location or dates of the performances as required.
Staff Report
11. 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
12. FISCAL YEAR 2022-23 CARRYOVER APPROPRIATIONS
Recommendations:
(1) Authorize carryover appropriations of $76,996,350 to Fiscal Year 2022-23 to provide continuing funding for projects in progress at the end of the last fiscal year; and (2) Authorize carryover revenues estimates of $9,709,996 expected to be received in Fiscal Year 2022-23.
Staff Report
13. PURCHASE OF TWO (2) POLICE MOTORCYCLES
Recommendation: Appropriate $62,100 from the Vehicle Replacement fund to purchase two, 2023 BMW R1250 RT-P Police Motorcycles.
Staff Report
14. AMENDMENT TO SERVICE PROVIDER AGREEMENT FOR BUILDING AND PLANNING SERVICES Recommendations:
(1) Authorize the City Manager to amend Agreement #22-49 with CSG Consultants, Inc., to provide additional building and plan check services in the amount of $90,000 through February 28, 2023; (2) Authorize the City Manager to amend Agreement #22-57 with JAS Pacific, to provide additional building and plan check services in the amount of $280,000 through February 28, 2023; and (3) Authorize the City Manager to amend Agreement #22-61 with Sagecrest Planning and Environmental to provide additional building planning services in the amount of up to $90,000 through February 28, 2023.
Staff Report
15. ADOPTION OF AN INITIAL STUDY-MITIGATED NEGATIVE DECLARATION FOR THE ACQUISITION OF 31796 COAST HIGHWAY Recommendation: Adopt the Initial Study-Mitigated Negative Declaration for the acquisition of 31796 Coast Highway.
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.
16. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING PORTIONS OF THE LAGUNA BEACH MUNICIPAL CODE IN ACCORDANCE WITH STATE HOUSING LAWS AND THE CITY’S HOUSING ELEMENT Recommendation: Introduce the Ordinance amending portions of the Laguna Beach Municipal Code in accordance with State housing laws and the City’s Housing Element 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 to pass it to second reading. 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 December 13, 2022, City Council meeting.
Staff Report
17. CONTINUED PUBLIC HEARING AND BALLOTING FOR PROPOSED UNDERGROUND UTILITY ASSESSMENT DISTRICT 2013-2 (DIAMOND STREET) Recommendations:
(1) Approve the revised Assessment Engineer’s Report dated October 10, 2022; (2) Direct staff to mail updated Notices of Assessment accompanied by Assessment Ballots informing property owners of reduced assessment amounts, and the time and place for a public hearing; (3) Direct staff to notify property owners that original ballots shall be destroyed if not reclaimed within 5 days following this meeting; and (4) Continue the public hearing and designate the January 10, 2023, City Council Meeting to open and tally the revised ballots.
Staff Report
Public Comments (received after Agenda posted)
18. COOPERATIVE TRANSFER AGREEMENT WITH THE COUNTY OF ORANGE FOR ASSUMPTION OF COASTAL PROPERTY OWNERSHIP REGARDING SOUTH LAGUNA BEACHES, AND CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Recommendations:
(1) Approve the Cooperative Transfer Agreement with the County of Orange transferring identified parcels, easements, leases, licenses, permits, and memorandum of understandings, as assignable, for City ownership, maintenance, and operations of the identified coastal properties; (2) Authorize the City Manager to make non-substantial amendments to the Cooperative Transfer Agreement as required, prior to executing the Agreement following Orange County Board of Supervisor approval and to accept additional transfers as required; (3) Authorize and appropriate the utilization of advanced one-time funds for initial equipment, supply purchases, and personnel expenditures to the Fiscal Year 2022-23 Adopted Budget to include authorizing: the addition of one full-time Administrative Assistant for Marine Safety; one full-time Human Resources Supervisor to coordinate recruitment activities for necessary deployment of City-staff for South Laguna beaches; and, re-classifying the Marine Safety Chief one level higher on the non-elected management personnel salary schedule; and (4) Determine that the above-recommended action qualifies for a Categorical Exemption under the California Environmental Quality Act.
Staff Report
19. LAGUNA CANYON ROAD IMPROVEMENT PROJECT UPDATE
Recommendations:
(1) Authorize the City Manager to approve a contract amendment with Caltrans, in an amount not to exceed $50,000, for cost reimbursement for review of the revised Project Study Report; (2) Direct staff to solicit proposals for the Project Approval and Environmental Document phase for the Laguna Canyon Road Improvements studied in the approved Project Study Report; (3) Direct staff to solicit proposals for the Project Management Service to oversee all future phases of the project development process; (4) Authorize staff to submit a subapplication to CalOES for the Building Resilient Infrastructure and Communities grant, and commit to provide up to $14,100,000 in matching funds in working with Southern California Edison and local, state, and federal grant awarding agencies, for the undergrounding of overhead utility lines on Laguna Canyon Road; and (5) Authorize the City Manager to execute the Request for Engineering Advance Letter with Southern California Edison and make a payment in the amount of $810,000 to initiate the design of a utility undergrounding plan along Laguna Canyon Road from El Toro Road to approximately 1000’ south of Canyon Acres Drive.
Staff Report
20. CITY COUNCIL OPTIONS FOR SUBMITTED REFERENDUM AGAINST LAGUNA BEACH ORDINANCE NO. 1675, RELATING TO BUILDING HEIGHT, MASS, BULK AND PARKING WITHIN THE COMMERCIAL DISTRICTS Recommendations:
(1) Receive and file the Certification of the Referendum Against Laguna Beach Ordinance No. 1675; and (2) Provide direction, per Election Code Section 9241, to do one of the following:
a.
Entirely repeal Ordinance No. 1675, 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; or b.
Submit the Ordinance to the voters, either at the next regular municipal election or at a special election occurring not less than 88 days after the order of the City Council.
Staff Report
PUBLIC HEARING FOR APPEAL - Noticed for 5:00 p.m., or as soon thereafter as possible A.
APPEAL OF THE DESIGN REVIEW BOARD’S ADOPTION OF A NEGQATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN CONJUNCTION WITH THE APPROVAL OF DESIGN REVIEW 19-4788, COASTAL DEVELOPMENT PERMIT 19-4789, AND REVOCABLE ENCROACHMENT PERMIT 19-4790 AT 337 HAWTHORNE ROAD Staff Report
Public Correspondence
Public Comments (received after Agenda posted)
Additional Public Comments
Additional Public Comments (received after 3pm Monday)
ADJOURNMENT TO THE HYBRID VIRTUAL/IN-PERSON REGULAR CITY COUNCIL MEETING AT 5:00 P.M., AND CLOSED SESSION AT 8:00 P.M, TUESDAY, DECEMBER 13, 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.