AGENDA
TUESDAY, APRIL 18, 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 April 17, 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 April 18, 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 April 18, 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.
Presentation:
Orange County Human Relations Council (OCHRC) will provide a brief presentation about OCHRC's activities and services throughout the county
EXTRAORDINARY BUSINESS
1. PROCLAMATION DECLARING APRIL 29, 2023 AS WORLD WISH DAY IN LAGUNA BEACH Recommendation: Adopt the proclamation declaring April 29, 2023, as World Wish Day in the City of Laguna Beach.
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.
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.
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 April 4, 2023.
Minutes
REVISED Draft Minutes
3. WARRANT LISTING
Warrants: $ 2,861,607.12 03/31/2023
$ 103,655.17 04/03/2023
$ 2,965,262.29
Payroll #20 $ 1,485,921.03 04/07/2023
Total $4,451,183.32
Recommendation: Approve the general warrants and payroll disbursements.
Staff Report
4. APPROVAL OF THE TRABUCO CANYON WATER DISTRICT WITHDRAWAL AND CONTINUED SERVICES AGREEMENT MODIFYING THE SOUTH ORANGE COUNTY WASTEWATER AUTHORITY JOINT POWERS AUTHORITY AGREEMENT Recommendations:
(1) Approve Trabuco Canyon Water District’s withdrawal from the South Orange County Wastewater Authority by directing the City’s Board of Directors representative to vote in support of the agreement; and (2) Authorize the City Manager, or designee, to execute related agreements.
Staff Report
5. SERVICE PROVIDER AGREEMENT FOR MOBILE MENTAL HEALTH RESPONSE PROGRAM AND MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF ORANGE TO ACCEPT COMMUNITY DEVELOPMENT BLOCK GRANTS 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; (3) Authorize the City Manager to execute a Memorandum of Understanding with the County of Orange to accept the following Community Development Block Grants:
a.
CDBG-CV3 (CARES Act) grant for a total of $405,111 for mobile crisis intervention programming over Fiscal Years 2023-24 and 2024-25; b.
CDBG Emergency Services grant for a total of $140,326 for services at the Alternative Sleeping Location in Fiscal Year 2023-24; and (4) Appropriate $545,437 with a matching increase in estimated grant revenues.
Staff Report
6. SERVICE PROVIDER AGREEMENT FOR OCEAN LIFEGUARD SERVICES TO THREE ARCH BAY ASSOCIATION Recommendations:
(1) Authorize the City Manager to execute a service agreement with the Three Arch Bay Association to provide lifeguard services on Three Arch Bay Beach between May 27, 2023 and May 26, 2024, and receive an annual service fee of $134,000, plus a one-time payment of $46,500 for startup costs; (2) Authorize the City Manager to extend the agreement for up to four additional one-year terms; (3) Appropriate $69,000 in the General Fund for additional ocean lifeguard personnel services and equipment with a matching increase in revenue for contract services in Fiscal Year 2022-23; (4) Authorize the City Manager to purchase one Toyota 4-Runner, and convert the vehicle for emergency response for a cost not-to-exceed $89,000; and (5) Appropriate $89,000 from the Vehicle Replacement Fund for purchasing and outfitting a Toyota 4-Runner Marine Safety Vehicle, and increase contribution revenue by $44,500 to recognize the Three Arch Bay Association’s contribution toward the purchase.
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.
7. PUBLIC HEARING REGARDING THE ANNUAL SIDEWALK AND INTERSECTION VISIBILITY NUISANCE ABATEMENT PROGRAM Recommendations:
(1) Conduct a public hearing to hear protests regarding any noticed nuisance as established by Resolution No. 23.018; (2) Allow or overrule any protests based on facts or circumstances presented by protestors (Mayor Pro Tem Kempf to abstain if protest regarding Property 12 and Councilmember Weiss to abstain if protest regarding Property 55 as listed in Attachment 2); (3) Direct the Director of Public Works & Utilities to abate all noticed nuisances established by Resolution No. 23.018, for Properties 1-11, 13-54, and 56-68, as listed in Attachment 2, if not removed by June 13, 2023; (4) Direct the Director of Public Works & Utilities to abate all noticed nuisances established by Resolution No. 23.018, for Property 12, as listed in Attachment 2, if not removed by June 13, 2023. (Mayor Pro Tem Kempf to abstain); and (5) Direct the Director of Public Works & Utilities to abate all noticed nuisances established by Resolution No. 23.018, for Property 55, as listed in Attachment 2, if not removed by June 13, 2023 (Councilmember Weiss to abstain).
Staff Report
Public Communications
8. PUBLIC HEARING FOR ANNUAL WEED ABATEMENT PROGRAM
Recommendations:
(1) Conduct a public hearing to hear protests regarding any noticed nuisance as established by Resolution No. 23.017; (2) Allow or overrule any protests based on facts or circumstances presented by protestors (Mayor Pro Tem Kempf, Council Members Orgill, Rounaghi, and Weiss to abstain if protest concerns properties listed in the subsequent recommendations); (3) Direct the Fire Chief to abate all noticed nuisances established by Resolution No. 23.018, for Properties 1-181, 183-226, 228, 230, 233-344, 346,349-358, and 362-372, as listed in Attachment 2, if not removed by May 20, 2023; (4) Direct the Fire Chief to abate all noticed nuisances established by Resolution No. 23.017 for Property 182, as listed in Attachment 2, not removed by May 20, 2023 (Councilmember Orgill to abstain); (5) Direct the Fire Chief to abate all noticed nuisances established by Resolution No. 23.017 for Properties 227, 229, 231 and 232 not removed by May 20, 2023 (Councilmember Weiss to abstain); (6) Direct the Fire Chief to abate all noticed nuisances established by Resolution No. 23.017 for Properties 345 and 347 as listed in Attachment 2, not removed by May 20, 2023 (Councilmember Kempf to abstain); and (7) Direct the Fire Chief to abate all noticed nuisances established by Resolution No. 23.01 for Properties 359, 360, and 361, as listed in Attachment 2, not removed by May 20, 2023 (Councilmember Rounaghi to abstain).
Staff Report
9. CITY COUNCIL APPOINTMENT TO THE ORANGE COUNTY VECTOR CONTROL BOARD Recommendation: Appoint a new representative to the Orange County Vector Control District Board.
Staff Report
10. APPOINTMENT OF CITY COUNCIL MEMBERS TO REVIEW FISCAL YEAR 2023-24 COMMUNITY ASSISTANCE GRANT APPLICATIONS Recommendation: Appoint two council members to review the Fiscal Year 2023-24 Community Assistance Grant applications and return with funding recommendations at the June 13, 2023, City Council meeting.
Staff Report
Public Communications
11. RESOLUTION APPROVING DESIGN REVIEW 23-0456 FOR PROPOSED MODIFICATIONS TO THE VILLAGE ENTRANCE LANDSCAPE PLAN FOR THE LAGUNA CANYON ROAD MEDIANS, AND EXEMPTION PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT Recommendations:
(1) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING DESIGN REVIEW 23-0456 FOR MODIFICATIONS TO DESIGN REVIEW 17-2506 RELATING TO VILLAGE ENTRANCE LANDSCAPE PLAN FOR THE LAGUNA CANYON ROAD MEDIANS”; and (2) Determine that Design Review 23-0456 is exempt from Coastal Development Permit requirements and categorically exempt under the California Environmental Quality Act. PUBLIC HEARING FOR APPEALS Staff Report
Public Communications
Additional Public Communications
PUBLIC HEARINGS FOR APPEALS
(Noticed for 5:00 p.m. and to be heard soon thereafter as possible) A.
APPEAL OF APPROVAL OF DESIGN REVIEW 22-2114 AND VARIANCE 22-2115, AND CALIFORNIA ENVIRONMENTAL QUALITY ACT 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 California Environmental Quality Act Categorical Exemption at 705 Marlin Drive.
Staff Report
Public Communications
Staff Memo - Correct Appeal Application (Attachment 1)
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, MAY 2, 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.