AGENDA
TUESDAY, MARCH 21, 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 20, 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 21, 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 21, 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 - 4:00 p.m. to 5:00 p.m.
Closed Session
CITY COUNCIL MEETING - 5:00 p.m.
EXTRAORDINARY BUSINESS
1. PROCLAMATION DECLARING APRIL 2023 AS NATIONAL ARAB AMERICAN HERITAGE MONTH IN LAGUNA BEACH Recommendation: Adopt the Proclamation declaring April 2023 as National Arab American Heritage Month in Laguna Beach.
Proclamation
2. YEARS OF SERVICE RECOGNITION
Recommendation: Receive and file the report.
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.
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 March 7, 2023.
Minutes
4. CITY TREASURER’S MONTHLY INVESTMENT REPORT FOR JANUARY 2023 Recommendation: It is recommended by the City Treasurer that the City Council receive and file the Monthly Investment Report for January 2023.
Staff Report
5. WARRANT LISTING
Warrants: $1,635,842.85 03/03/2023
Payroll #18 $1,481,412.56 03/10/2023
Total $3,117,255.41
Recommendation: Approve the General Warrants and payroll disbursements.
Staff Report
6. ADOPTION OF ORDINANCE AMENDING PORTIONS OF THE LAGUNA BEACH MUNICIPAL CODE RELATING TO OCEANFRONT DEVELOPMENT AND MAJOR REMODELS AND ADOPTION OF RESOLUTIONS AMENDING LOCAL COASTAL PROGRAM AND GENERAL PLAN 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 25.07, 25.08, 25.50, AND 25.56 AND ADDING CHAPTER 25.09 GENERALLY RELATING TO OCEANFRONT DEVELOPMENT AND MAJOR REMODELS,” by approving a motion to waive further reading and adopt the Ordinance; and (2) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING LOCAL COASTAL PROGRAM AMENDMENT 22-0498 AND GENERAL PLAN AMENDMENT 22-0499 GENERALLY RELATING TO OCEANFRONT DEVELOPMENT AND MAJOR REMODELS, AMENDING THE LAND USE ELEMENT AND OPEN SPACE AND CONSERVATION ELEMENT OF THE LAGUNA BEACH GENERAL PLAN, AND AMENDING CHAPTERS 25.07, 25.08, 25.50, AND 25.56 AND ADDING CHAPTER 25.09 OF THE LAGUNA BEACH MUNICIPAL CODE, AND REQUESTING ITS CERTIFICATION BY THE COASTAL COMMISSION.” Staff Report
Public Communications
Additional Public Communications
7. GRANT OF EASEMENTS TO SOUTHERN CALIFORNIA EDISON AND FRONTIER COMMUNICATIONS FOR WOODS COVE UNDERGROUND UTILITY ASSESSMENT DISTRICT (AD 2014-2) Recommendations:
(1) Authorize the City Manager to execute easement deeds to Southern California Edison for placement and maintenance of electrical and communications facilities at Fire Station No. 2; and (2) Authorize the City Manager to execute easement deeds to Southern California Edison and Frontier Communications for placement and maintenance of electrical and communications facilities at Bluebird Park (Councilmember Weiss to abstain).
Staff Report
8. RECEIVE AND FILE THE STATE-MANDATED HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR 2022 Recommendation: Receive and file the 2022 Housing Element Annual Progress Report.
Staff Report
9. RESOLUTION AUTHORIZING APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR LOCAL TRANSPORTATION FUNDS Recommendation: Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AUTHORIZING THE FILING OF ALL APPLICATIONS WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR LOCAL TRANSPORTATION FUNDS,” authorizing the City Manager to file an application and claim with the Orange County Transportation Authority for $1,531,335 from the Local Transportation Fund, and to file amendments as necessary due to budget adjustments or any changes in the City’s apportionment of Local Transportation Funds.
Staff Report
10. PROPOSED MODIFICATIONS TO THE VILLAGE ENTRANCE LANDSCAPE PLAN RELATED TO PARKING LOT LANDSCAPING Recommendation: Approve the proposed minor modifications to the Village Entrance Landscape Plan to address landscaping located in the parking lots.
Staff Report
11. APPROVAL TO RELEASE CONTRACT CITY ATTORNEY REQUEST FOR PROPOSAL Recommendations:
(1) Review and approve the proposed Request for Proposal for contract City Attorney services; and (2) Direct staff to release the Request for Proposal for contract City Attorney services.
Staff Report
11A.
RESOLUTION DECLARING A LOCAL EMERGENCY CAUSED BY WINTER STORMS AND REQUESTING STATE AND FEDERAL AID Recommendation: Adopt the Resolution titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DECLARING THE EXISTENCE OF A LOCAL EMERGENCY CAUSED BY WINTER STORMS, AND AUTHORIZING EMERGENCY ORDERS, RULES, AND REGULATIONS." Agenda 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.
12. CONSIDERATION OF WHETHER TO AUTHORIZE THE RELEASE OF RECORDS EXEMPT FROM DISCLOSURE UNDER THE CALIFORNIA PUBLIC RECORDS ACT Recommendation: It is recommended by the City Attorney that the City Council consider whether to waive the exemption under the Public Records Act for investigatory files and authorize the disclosure of certain exempt records, and provide direction to staff.
Staff Report
Public Communications
13. POLICE DEPARTMENT UPDATE ON 2022 CRIME STATISTICS
Recommendation: Receive and file the Police Department’s update on 2022 Crime Statistics.
Staff Report
Staff presentation
14. ADOPT A RESOLUTION APPROVING THE THIRD AMENDMENT TO THE SOLID WASTE FRANCHISE AGREEMENT WITH WASTE MANAGEMENT AND MAKE FINDINGS THAT THE APPROVAL OF THE THIRD AMENDMENT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT Recommendations:
(1) Authorize the City Manager to execute the third amendment to Agreement #13-65 between the City and USA Waste of California, Inc. dba Waste Management of Orange County, extending the expiration date to June 30, 2024, and for an additional amount not-to-exceed $613,000; (2) Authorize the City Manager to make non-substantive changes to the third amendment if needed; (3) Adopt the attached Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING A THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF LAGUNA BEACH AND USA WASTE OF CALIFORNIA, INC. DBA WASTE MANAGEMENT OF ORANGE COUNTY AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT;” (4) Approve the findings that the approval of the third amendment is exempt from the California Environmental Quality Act; and (5) Direct the City Manager to include $613,000 from the Solid Waste Landfill Importation Revenue Fund in the Fiscal Year 2023-24 Solid Waste Budget to offset rate increases on residential ratepayers.
Staff Report
Public Communications
15. APPROVAL OF 2023 SUMMER PARKING MANAGEMENT PLAN AND TRANSIT SERVICES UPDATE Recommendations:
(1) Receive and file an update on the summer 2022 Parking Management Plan; (2) Authorize the operation of summer trolley service on the Coastal, Canyon and Summer Breeze routes, and expanded Laguna Local on-demand service hours, between June 30, 2023, and September 4, 2023; (3) Authorize the City Manager to amend Agreement #21-38 with LAZ Parking California, for increased scope of work to operate expanded trolley and on-demand services; (4) Authorize the City Manager to negotiate and execute, or extend lease agreements, for seasonal public parking lots with Mission Hospital Laguna Beach, Laguna College of Art and Design, the Festival of Arts, the property owner at 232 Ocean Avenue, and the property owner at 16355 Laguna Canyon Road; (5) Authorize the City Manager to negotiate and execute an agreement with IPS Group, Inc., in an amount not-to-exceed $200,000, for the purchase of 25 new multi-space pay stations; (6) Authorize the sale of a summer parking passes for festival artists, staff, and the general public; and (7) Authorize the continuation of the Passport to the Arts parking permit program, which provides discounted parking in Lot 16 (Act V).
Staff Report
16. ADOPT A RESOLUTION APPROVING INTERIM USE FACILITY RESERVATION PROGRAM, LICENSE AGREEMENT POLICY AND FEE SCHEDULE AT LAGUNA BEACH COMMUNITY AND RECREATION CENTER LOCATED AT 30516 COAST HIGHWAY Recommendations:
(1) Approve the Facility Reservation Program and the License Agreement Policy and associated fee schedule by adopting the Resolution titled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ESTABLISHING POLICIES AND FEES FOR USE OF THE LAGUNA BEACH COMMUNITY AND RECREATION CENTER AND FOR USE OF CITY FACILITIES; and (2) Approve limiting large events with more than 40 participants and other special events to two days or less (per event) and require a Temporary Use Permit for such events.
Staff Report
Public Communications
PUBLIC HEARING FOR APPEAL
A.
APPEAL OF APPROVAL OF DESIGN REVIEW 22-2114 AND VARIANCE 22-2115, AND CEQA CATEGORICAL EXEMPTION AT 705 MARLIN DRIVE Recommendation: Deny the appeal and sustain the Design Review Board's approval of Design Review 22-2114 and Variance 22-2115, and a CEQA Categorical Exemption at 705 Marlin Drive.
The Board approved a Categorical Exemption pursuant to CEQA. None of the grounds in the appeal relate specifically to the Categorical Exemption.
Staff Report
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, APRIL 4, 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.