AGENDA
TUESDAY, JANUARY 10, 2023
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 January 9, 2023 (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 January 10, 2023 (the day of the meeting). Please note that while these comments will be provided to the City Council at 2:00 p.m. on January 10, 2023, 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. to 5:00 p.m
Closed Session
CITY COUNCIL MEETING - 5:00 p.m.
EXTRAORDINARY BUSINESS
Presentations:
* Dystanie Flores from the California Department of Insurance
* Green Business Certification Recognition
* Laguna Beach Photo Contest Winners
1. PROCLAMATION RECOGNIZING SUE KEMPF FOR HER SERVICE AS MAYOR FOR THE 2022 TERM Recommendation: Adopt the Proclamation recognizing Sue Kempf for her service as Mayor for the 2022 Term.
Proclamation
2. YEARS OF SERVICE RECOGNITION
Recommendation: Recognize the employees listed in the agenda report for their years of service to the City of Laguna Beach.
Staff Report
3. RESOLUTION CALLING FOR THE CITY OF LAGUNA BEACH TO STAND IN SOLIDARITY WITH IRANIAN PEOPLE AND THOSE SUFFERING FROM OPPRESSIVE REGIMES (ROUNAGHI AND WHALEN) Recommendation: It is recommended by Mayor Whalen and Councilmember Rounaghi that the City Council adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DECLARING SUPPORT OF THE IRANIAN AMERICAN COMMUNITY AND SUPPORTING SANCTIONS AGAINST THE GOVERNMENT OF IRAN.” Staff Report
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.
Public Communications
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.
4. 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 December 13, 2022.
Minutes
5. WARRANT LISTING
Warrants: $1,697,196.17 12/09/2022
Payroll #11 $1,339,102.00 12/02/2022
Payroll #12 $1,858,947.42 12/16/2022
$3,198,049.42
Total $4,895,245.59
Recommendation: Approve the general warrants and payroll disbursements.
Staff Report
6. CLAIMS AGAINST THE CITY
Recommendations:
(1) Reject claim #22-31 filed by Carolyn Camille Chaney; (2) Reject claim #22-39 filed by Beau Adam Moneymaker; and (3) Reject claim #22-45 filed by Kyle Wong.
Staff Report
7. SEISMIC ASSESSMENT OF CRITICAL CITY FACILITIES
Recommendation: Receive the Seismic Assessment of Critical City Facilities Report and direct staff to include funding for further evaluation and analysis of all critical city facilities in future budget requests.
Staff Report
Public Communications
8. PURCHASE OF MARINE SAFETY VEHICLES
Recommendations:
(1) Authorize the City Manager to purchase four Toyota 4Runners for an amount not-to-exceed $210,000; (2) If Toyota of Orange is unable to provide the vehicles due to inventory shortage, then authorize the City Manager to purchase the approved vehicles from Capo Valley Toyota or Santa Margarita Toyota for an amount not-to-exceed $227,000; and (3) Authorize the City Manager to enter into a service agreement with 911 Vehicle of Orange County, in the amount not-to-exceed $118,000 to convert the vehicles for Marine Safety operations.
Staff Report
9. LOCAL COASTAL PROGRAM AMENDMENT 22-1745, AMENDING TABLE 5-1 (ALLOWED USES AND PERMIT REQUIREMENTS) OF THE DOWNTOWN SPECIFIC PLAN RELATING TO ALL EATING AND DRINKING ESTABLISHMENTS Recommendation: It is recommended by the Planning Commission that the City Council adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING LOCAL COASTAL PROGRAM AMENDMENT 22-1745 AMENDING TABLE 5-1 (ALLOWED USES AND PERMIT REQUIREMENTS) OF THE DOWNTOWN SPECIFIC PLAN TO REQUIRE A CONDITIONAL USE PERMIT FOR EATING AND DRINKING ESTABLISHMENTS” amending the City’s Local Coastal Program, and requesting certification by the California Coastal Commission to amend Table 5-1 (Allowed Uses and Permit Requirements) of the Downtown Specific Plan related to eating and drinking establishments.
Staff Report
Public Communications
Late Public Communications
10. RESOLUTION DECLARING CITY-OWNED PROPERTY AT 31729 AND 31735 COAST HIGHWAY AS SURPLUS PROPERTY AND FINDING THAT SUCH DECLARATION IS EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Recommendation: Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DECLARING THAT PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY AT 31729 AND 31735 COAST HIGHWAY (APNS: 658-101-39; -40) IS SURPLUS LAND AND NOT NECESSARY FOR THE CITY’S USE, AUTHORIZING THE CITY MANAGER TO COMPLY WITH THE PROCEDURES UNDER THE SURPLUS LAND ACT, AND DETERMINING SUCH DECLARATION AND AUTHORIZATION TO BE EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.” Staff Report
Public Communications
11. ACCEPTANCE OF GRANT FROM THE CALIFORNIA DEPARTMENT OF RESOURCES, RECYCLING AND RECOVERY Recommendations:
(1) Authorize the City Manager to accept a $30,600 grant from the California Department of Resources, Recycling and Recovery; and (2) Appropriate $30,600 with a matching increase in estimated grant revenues to assist with regulation requirements associated with Senate Bill 1383.
Staff Report
12. DESIGNATION OF ASSISTANT CITY MANAGER AS PRIMARY CITY REPRESENTATIVE ON THE LAGUNA BEACH TOURISM MARKETING DISTRICT BOARD OF DIRECTORS Recommendation: Designate the Assistant City Manager position as the Primary City Representative on the Laguna Beach Tourism Marketing District Board of Directors.
Staff Report
13. RATIFY MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LAGUNA BEACH AND THE LAGUNA BEACH POLICE EMPLOYEES’ ASSOCIATION Recommendations:
(1) Adopt the Resolution titled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, RATIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE LAGUNA BEACH POLICE EMPLOYEES’ ASSOCIATION;” and (2) Authorize the City Manager to modify the Fiscal Year 2022-23 Adopted Budget by transferring funding already appropriated and appropriating $100,000 from the General Fund available fund balance.
Staff Report
14. RATIFY MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LAGUNA BEACH AND THE LAGUNA BEACH MARINE SAFETY ASSOCIATION Recommendations:
(1) Adopt the Resolution titled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, RATIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE LAGUNA BEACH MARINE SAFETY ASSOCIATION;" and (2) Authorize the City Manager to modify the Fiscal Year 2022-23 Adopted Budget by transferring funding already appropriated.
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.
15. CONTINUED PUBLIC HEARING AND BALLOTING FOR PROPOSED UNDERGROUND UTILITY ASSESSMENT DISTRICT 2013-2 (DIAMOND STREET) Recommendations:
(1) Receive and file the proposed Undergrounding Utility Assessment District 2013-2 report; (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 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 ASSISTANT CITY MANAGER/CHIEF FINANCIAL OFFICER OR THE CITY TREASURER TO COLLECT AND RECEIVE MONEY”; b.
Adopt the 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 $133,000.
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 Communications
16. INTRODUCTION AND FIRST READING OF ORDINANCES ADOPTING 2022 CALIFORNIA BUILDING AND FIRE CODES, INCLUDING PROPOSED LOCAL AMENDMENTS, AND EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT Recommendation: Introduce the two Ordinances adopting the 2022 Editions of the California Building, Residential, Fire, Mechanical, Plumbing, Electrical, and Green Building Codes and local amendments to Title 14 and 15, and determining that this action is exempt from environmental review in accordance with the California Environmental Quality Act (CEQA) under State CEQA Guidelines Section 15061(b)(3), by 1) asking the City Clerk to read the titles of both Ordinances and 2) approving a motion to waive further reading of the Ordinances and to pass them to a second reading.
Staff Report
17. FIRST READING OF AN ORDINANCE AMENDING LAGUNA BEACH MUNICIPAL CODE CHAPTER 25.95 REGARDING REGULATION OF SINGLE FAMILY RESIDENTIAL ONE- AND TWO-UNIT DEVELOPMENTS AND URBAN LOT SPLITS PURSUANT TO CALIFORNIA SENATE BILL 9, AND CATEGORICAL EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT Recommendation: Introduce the attached Ordinance, which adopts a permanent ordinance to replace the urgency ordinance implementing Senate Bill 9 requirements 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.
Staff Report
Public Communications
Additional Public Communications
18. PRESENTATION OF THE DRAFT PARKING AND TRANSPORTATION DEMAND MANAGEMENT REPORT, AND AMENDMENT TO THE ASSOCIATED SERVICE PROVIDER AGREEMENT (WHALEN AND KEMPF) It is recommended by Mayor Whalen and Mayor Pro Tem Kempf that the City Council:
(1) Review the draft Parking and Transportation Demand Management report, receive public input, and provide direction as appropriate for the subcommittee’s preparation of the final report; (2) Direct staff to work with the subcommittee on drafting a funding and implementation plan for all short-term non-parking infrastructure opportunities and improvements; (3) Direct staff to work with the subcommittee on developing a priority list of parking infrastructure sites to further study and pursue (both involving and not involving a parking structure); and (4) Amend Agreement #22-44 with Fehr & Peers to complete the final report for an additional $26,000. PUBLIC HEARING FOR APPEAL Staff Report
Public Communications
Additional Public Communications
Late Public Communications
PUBLIC HEARING FOR APPEAL
(Noticed for 5:00 p.m., or as soon thereafter as the matter can be heard) A.
APPEAL OF CEQA CATEGORICAL EXEMPTION FOR APPROVAL OF DESIGN REVIEW 22-1793 AT 1902 OCEAN WAY Recommendation: Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DENYING THE APPEAL OF THE DIRECTOR OF COMMUNITY DEVELOPMENT’S AUTHORIZED DESIGNEE APPROVAL OF CATEGORICAL EXEMPTION FOR DESIGN REVIEW 22-1793 AT 1902 OCEAN WAY.” Staff Report
Appellant Communications
Public Communications
Additional Appellant Communications
Late Public Communications
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, JANUARY 24, 2023
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.