AGENDA
TUESDAY, MARCH 7, 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 March 6, 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 March 7, 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 March 7, 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
1. PROCLAMATION RECOGNIZING THE 2022 LAGUNA BEACH HIGH SCHOOL VARSITY FOOTBALL TEAM FOR THEIR CHAMPIONSHIP SEASON Recommendation: Adopt the Proclamation recognizing the 2022 Laguna Beach High School Varsity Football Team for their championship season.
Proclamation
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.
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 February 21, 2023.
Minutes
3. WARRANT LISTING
Warrants: $2,391,575.06 02/17/2023
Payroll #16 $1,370,280.20 02/10/2023
Payroll #17 $1,382,716.84 02/24/2023
$2,752,997.04
Total $5,144,572.10
Recommendation: Approve the General Warrants and payroll disbursements.
Staff Report
4. RESOLUTION TO SET A PUBLIC HEARING DATE FOR ANNUAL WEED ABATEMENT PROGRAM Recommendation: Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DECLARING AND DETERMINING THAT WEEDS, RUBBISH, AND REFUSE UPON THE STREETS, SIDEWALKS, PARKWAYS AND PRIVATE PROPERTY IN THE CITY OF LAGUNA BEACH ARE A PUBLIC NUISANCE AND DIRECTING THE CITY CLERK TO MAIL NOTICES TO DESTROY AND REMOVE SAID WEEDS, RUBBISH AND REFUSE, AS REQUIRED BY LAW, AND FIXING THE TIME FOR HEARING OBJECTIONS AND PROTESTS,” which will set a public hearing date of April 18, 2023, for the annual Weed Abatement Program.
Staff Report
5. RESOLUTION TO SET A PUBLIC HEARING DATE FOR THE ANNUAL SIDEWALK AND INTERSECTION VISIBILITY NUISANCE ABATEMENT PROGRAMS Recommendation: Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DECLARING AND DETERMINING THAT VEGETATION OR WEEDS UPON THE STREETS, SIDEWALKS, PARKWAYS AND PRIVATE PROPERTY IN THE CITY OF LAGUNA BEACH ARE A PUBLIC NUISANCE, AND DIRECTING THE CITY CLERK TO MAIL NOTICES TO DESTROY AND REMOVE SAID VEGETATION OR WEEDS AS REQUIRED BY LAW, AND FIXING THE TIME FOR HEARING OBJECTIONS AND PROTESTS,” which will set a public hearing date of April 18, 2023, for the annual Sidewalk and Intersection Visibility Nuisance Abatement Programs.
Staff Report
6. AWARD OF CONSTRUCTION CONTRACT FOR FOREST ALLEY TRASH ENCLOSURE Recommendations:
(1) Award and authorize the City Manager to execute a contract with SDC Engineering Inc, in the amount of $224,241, for the Forest Alley Trash Enclosure project; and (2) Authorize the City Manager to approve project related expenses and construction change orders for unforeseen circumstances for an amount not-to-exceed $22,000.
Staff Report
7. SERVICE PROVIDER AGREEMENT FOR CITYWIDE ENTERPRISE RESOURCE PLANNING SOFTWARE SYSTEM Recommendations:
(1) Authorize the one-time expenditure of $1,093,000 to Tyler Technologies to develop and implement an Enterprise Resource Planning software system for the City’s Human Resources and Finance services; (2) Authorize the City Manager to execute a three-year Enterprise Resource Planning Software as a Service Agreement (April 1, 2023 – April 1, 2026) with Tyler Technologies for an annual cost not-to-exceed $180,000; (3) Authorize the City Manager to extend the Software as a Service Agreement for two additional one-year terms with the cost not-to-increase greater than three percent annually; and (4) Authorize the City Manager to approve project related expenses and change orders for unforeseen circumstances for an amount not-to-exceed $250,000.
Staff Report
8. EXTENSION OF AN URGENCY ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ADDING CHAPTER 25.95 TO THE LAGUNA BEACH MUNICIPAL CODE REGULATING SINGLE FAMILY RESIDENTIAL ONE AND TWO-UNIT DEVELOPMENTS AND URBAN LOT SPLITS PURSUANT TO CALIFORNIA SENATE BILL 9 Recommendations:
(1) Adopt an Ordinance to extend the City’s Senate Bill 9 (SB 9) Urgency Ordinance (Ordinance No. 1668) for 12 months, which would allow the City additional time to establish permanent regulations for SB 9 properties/projects; and (2) Find that said action is statutorily exempt from California Environmental Quality Act (CEQA) under California Government Code sections 65852.21, subdivision (j) and 66411.7, subdivision (n), whereby the adoption of an ordinance by a city to implement provisions of Government Code sections 66411.7 and 65852.21 and regulating Urban Lot Splits and Two-Unit Developments is statutorily exempt from the requirements of CEQA.
Staff Report
Public Communications
Staff Memo re Clerical Revisions
Additional Public Communications
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.
9. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING PORTIONS OF THE LAGUNA BEACH MUNICIPAL CODE RELATING TO OCEANFRONT DEVELOPMENT AND MAJOR REMODELS, AND CATEGORICAL EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT Recommendation: Introduce the Ordinance that amends portions of the Laguna Beach Municipal Code relating to the regulation of oceanfront development with the establishment of a Bluff Overlay District and methodologies for calculating major remodels 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
10. SERVICE PROVIDER AGREEMENT FOR MOBILE MENTAL HEALTH RESPONSE PROGRAM Recommendations:
(1) Authorize the City Manager to execute an agreement with Be Well Orange County to provide mobile mental health services to the community for Fiscal Years 2023-24 and 2024-25; (2) Direct staff to return one-year after implementation to report on the program’s implementation and identify long-term funding opportunities; and (3) Transfer an appropriation of $250,000 from the Homeless Services Budget to fund mental health programs.
Staff Report
Public Communications
Additional Public Communications
11. MEMORANDUM OF UNDERSTANDING AND SERVICE PROVIDER AGREEMENT FOR POSSIBLE COASTAL TRAIL BETWEEN ALISO CANYON, WOODS CANYON, AND ALISO BEACH Recommendations:
(1) Authorize the City Manager to execute a Memorandum of Understanding with the California Coastal Commission for the administration of mitigation funds for the planning, permitting, and construction of a public trail at 31106 Coast Highway; (2) Authorize the City Manager to enter into a service agreement with the Laguna Canyon Foundation in an amount not-to-exceed $30,000 to study the feasibility of the public trail at 31106 Coast Highway; and (3) Appropriate $30,000 from the Trail Deposit Account for the services provider agreement with Laguna Canyon Foundation.
Staff Report
Public Communications
Additional Public Communications
12. GLENNEYRE STREET TRAFFIC SAFETY AND STREET LIGHTING ASSESSMENTS Recommendations:
(1) Receive the Traffic Safety Assessment and a Street Lighting Assessment for Glenneyre Street between Forest Avenue and Calliope Street; and (2) Direct staff to proceed with recommendations in both reports to enhance safety and improve lighting. PUBLIC HEARING FOR APPEAL Staff Report
PUBLIC HEARING FOR APPEAL
A.
APPEAL OF THE DENIAL OF DESIGN REVIEW 20-7274 AND VARIANCE 20-7275 FOR MODIFICATIONS TO A PRIOR APPROVAL AT 1280-1290 NORTH COAST HIGHWAY IN THE CN (COMMERCIAL NEIGHBORHOOD) ZONE, MODIFICATIONS INCLUDE CONSTRUCTION OF A DETACHED, TWO-CAR CARPORT, A VARIANCE IS REQUESTED TO ENCROACH INTO THE FRONT SETBACK [LBMC §25.19.008(B)(2),] AND TO ALLOW CONSTRUCTION WHERE A NONCONFORMING USE EXISTS [LBMC §25.56.012] Recommendation: Deny the appeal and sustain the Design Review Board's denial of Design Review 20-7274 and Variance 20-7275 for modifications to a prior approval at 1280-1290 North Coast Highway.
A determination under the California Environmental Quality Act is not required for the denial of a project.
Should the City Council determine that the appeal should be granted overturning the Board's decision and the project should be approved, staff believes that the project is categorically exempt under the State CEQA Guidelines pursuant to Section 15303 - New Construction or Conversion of Small Structures, in that the project consists of construction and location of limited numbers of new, small structures. There is no evidence of any unusual or special conditions that would result in a significant effect on the environment.
Agenda Report
Public Communications
Applicant Communications to Council
Additional 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, MARCH 21, 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.