AGENDA
TUESDAY, DECEMBER 13, 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 December 12, 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 December 13, 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 December 13, 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.
EXTRAORDINARY BUSINESS
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1. PROCLAMATION RECOGNIZING OUTGOING BOARD OF SUPERVISOR LISA BARTLETT FOR HER CONTRIBUTIONS TO THE CITY OF LAGUNA BEACH AND ORANGE COUNTY’S FIFTH DISTRICT Recommendation: Approve the Proclamation recognizing outgoing Orange County Board of Supervisor Lisa Bartlett for her service to the City of Laguna Beach and Orange County’s Fifth District.
Proclamation
2. RECOGNITION OF CHILDREN’S HOLIDAY PALETTE WINNERS
Each of the selected artists/exhibitors will be recognized and congratulated by the Mayor.
3. RESOLUTION CERTIFYING THE RESULTS OF THE NOVEMBER 8, 2022, GENERAL MUNICIPAL ELECTION; SWEARING-IN CEREMONY; AND THE SELECTION OF MAYOR AND MAYOR PRO TEM Recommendations: It is recommended by the City Clerk that the City Council:
(1) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW;” and (2) Select the Mayor and Mayor Pro Tem.
Staff Report
4. RECOGNITION OF PUBLIC WORKS FOR APWA 2022 PROJECT OF THE YEAR Recognition of Public Works APWA 2022 Project of the Year.
PUBLIC COMMUNICATION
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 3 minutes each and 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.
5. 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 November 15, 2022.
Minutes
6. WARRANT LISTING
Warrants: $ 8,978.31 11/07/2022
$ 3,525,902.18 11/10/2022
$ 5,098,650.68 11/23/2022
$ 8,633,531.17
Payroll #9 $ 1,416,206.72 11/04/2022
Payroll #10 $ 1,363,966.79 11/18/2022
$ 2,780,173.51
Total $11,413,704.68
Recommendation: Approve the general warrants and payroll disbursements.
Staff Report
7. CLAIMS AGAINST THE CITY
Recommendations:
(1) Reject claim #22-17 filed by Sean Guin;
(2) Reject claim #22-18 filed by Matthew Magill;
(3) Reject claim #22-19 filed by Brad and Diane Cull;
(4) Reject claim #22-34 filed by Julie Jacobson;
(5) Reject claim #22-35 filed by Robert Schultz; and
(6) Reject claim #22-37 filed by Coast Hardware.
Staff Report
8. EXTENSION OF ANNUAL INVESTMENT POLICY, DELEGATION OF INVESTMENT AUTHORITY TO THE CITY TREASURER, APPROVAL OF THE DEPUTY CITY TREASURER DESIGNEE WITH INVESTMENT AUTHORITY, AND MONTHLY TREASURER’S REPORT FOR OCTOBER 2022 Recommendations: It is recommended by the City Treasurer that the City Council:
(1) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER”; (2) Authorize the Deputy Treasurer, Victoria McIntosh, to complete the investment duties in the event that the City Treasurer is not available; (3) Extend the utilization of the 2022 Investment Policy until such time that the Citizens’ Audit Review and Investment Advisory Committee provides input into the proposed 2023 Investment Policy; and (4) Receive and File the Monthly Investment Report for October 2022.
Staff Report
9. GROUND LEASE AGREEMENT FOR 20612 AND 20652 LAGUNA CANYON ROAD, AND APPROVAL OF CATEGORICAL EXEMPTION PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT Recommendation: Authorize the City Manager to execute a Ground Lease Agreement with Friends of the Sea Lion, Inc., (dba Pacific Marine Mammal Center), for City property located at 20612 and 20652 Laguna Canyon Road, for an initial 25-year term with an option for a second 25-year term, and approve a Categorical Exemption pursuant to the California Environmental Quality Act.
Staff Report
10. RESOLUTION ADOPTING MEASURE M2 EXPENDITURE REPORT FOR FISCAL YEAR 2021-22 Recommendations:
(1) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, CONCERNING THE MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF LAGUNA BEACH,” approving the Orange County Measure M2 Transportation Improvement Tax Expenditure Report for Fiscal Year 2021-22, as certified by the Assistant City Manager/Chief Financial Officer, subject to technical revisions in conformance with Orange County Transportation Authority (OCTA) guidelines; and (2) Authorize the Assistant City Manager/Chief Financial Officer to sign and submit the report to OCTA.
Staff Report
11. MEMORANDA OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE AND THE CITY OF LAGUNA BEACH ACCEPTING PERMANENT LOCAL HOUSING ALLOCATION GRANT FUNDING Recommendations:
(1) Authorize the City Manager to execute a Memoranda of Understanding with the County of Orange to accept Permanent Local Housing Allocation funding in the amount of $115,049 to offset the Alternative Sleeping Location’s operating costs; and (2) Increase estimated grant revenue by $115,049.
Staff Report
12. ADOPTION OF ORDINANCE AMENDING PORTIONS OF THE LAGUNA BEACH MUNICIPAL CODE IN ACCORDANCE WITH STATE HOUSING LAWS AND THE CITY’S HOUSING ELEMENT AND APPROVING EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND ADOPTION OF RESOLUTION AMENDING LOCAL COASTAL PROGRAM AND REQUESTING CERTIFICATION BY CALIFORNIA COASTAL COMMISSION Recommendations:
(1) Adopt the Ordinance titled, “AN ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING LAGUNA BEACH MUNICIPAL CODE CHAPTERS 25.08, 25.14, 25.34, AND 25.48 IN ACCORDANCE WITH STATE HOUSING LAWS AND THE CITY’S HOUSING ELEMENT,” by approving a motion to waive further reading and adopt the Ordinance; and (2) Adopt the Resolution amending the City’s Local Coastal Program and requesting certification by the California Coastal Commission.
Staff Report
13. FUNDING AGREEMENT ACCEPTING CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITIES (CARES) ACT COMMUNITY DEVELOPMENT BLOCK GRANT Recommendations:
(1) Authorize the City Manager to execute an agreement with the County of Orange to accept a Community Development Block Grant in the amount of $500,000 to reimburse General Fund costs for homeless programs; and (2) Increase estimated grant revenue by $500,000.
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. CITY COUNCIL REPRESENTATION FOR VARIOUS ORGANIZATIONS AND SUBCOMMITTEES Recommendations:
1. Review City Council appointments to various organizations and subcommittees for possible revisions; and
2. Review list of subcommittees to determine if any changes are desired.
Staff Report
PUBLIC HEARING FOR APPEAL
A.
APPEAL OF APPROVAL OF DESIGN REVIEW 22-0378, COASTAL DEVELOPMENT PERMIT 22-0379, REVOCABLE ENCROACHMENT PERMIT 22-0380, AND CEQA CATEGORICAL EXEMPTION AT 200 ALTA VISTA WAY Recommendation: Adopt the Resolution titled, ?A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, GRANTING AN APPEAL, OVERTURNING THE DESIGN REVIEW BOARD?S APPROVAL OF DESIGN REVIEW 22-0378, COASTAL DEVELOPMENT PERMIT 22-0379, REVOCABLE ENCROACHMENT PERMIT 22-0380, AND CATEGORICAL EXEMPTION AT 200 ALTA VISTA WAY, AND REMANDING THE PROJECT TO THE BOARD FOR RECONSIDERATION.? Staff Report
ADJOURNMENT TO TONIGHT’S CLOSED SESSION;
THEN TO THE CLOSED SESSION AT 4:00 P.M AND
HYBRID VIRTUAL/IN-PERSON REGULAR CITY COUNCIL MEETING AT 5:00 P.M., TUESDAY, JANUARY 10, 2023
CLOSED SESSION - Immediately following Open Session
Closed Session
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.