AGENDA
TUESDAY, MAY 16, 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 May 15, 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 May 16, 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 May 16, 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.
BUDGET WORKSHOP 3:00 p.m. to 5:00 p.m.
THERE WILL BE A 30-MINUTE BREAK WHILE THE CITY COUNCIL HOLDS ITS CLOSED SESSION MEETING 5:00 p.m. - 5:30 p.m. (1) Receive a presentation regarding the proposed budget; and (2) Provide any feedback to the City Manager on the Proposed Budget or other direction as appropriate.
Agenda Report and Staff Presentation
Public Communications
Additional Public Communications
CLOSED SESSION 5:00 p.m. to 5:30 p.m.
Closed Session
REGULAR CITY COUNCIL MEETING 5:30 p.m.
EXTRAORDINARY BUSINESS
1. PROCLAMATION DECLARING JUNE 2, 2023, AS NATIONAL GUN VIOLENCE AWARENESS DAY IN LAGUNA BEACH Recommendation: Adopt the proclamation declaring June 2, 2023, as National Gun Violence Awareness Day in the City of Laguna Beach.
Proclamation
2. PROCLAMATION FOR NATIONAL PUBLIC WORKS WEEK
Recommendation: Adopt the proclamation recognizing the week of May 21-27, 2023, as National Public Works Week 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.
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 May 2, 2023.
Minutes
4. WARRANT LISTING
Warrants: $1,909,789.95 04/28/2023
$ 52,340.96 05/04/2023
$1,962,130.91
Payroll #22 $1,503,085.43 05/05/2023
Total $3,465,216.34
Recommendation: Approve the general warrants and payroll disbursements.
Staff Report
5. CITY TREASURER’S MONTHLY INVESTMENT REPORT FOR MARCH 2023 Recommendation: It is recommended by the City Treasurer that the City Council receive and file the Monthly Investment Report for March 2023.
Staff Report
6. REJECT ALL BIDS FOR MOSS STREET BEACH ACCESS IMPROVEMENTS Recommendation: Reject all bids for the Moss Street Beach Access Improvements and direct staff to re-bid the project.
Staff Report
7. PURCHASE OF REPLACEMENT BEACH CLEANING MACHINE
Recommendation: Authorize the City Manager to purchase one BeachTech Model 5500 Beach Cleaner/Screener from Kassbohrer All Terrain Vehicles, Inc. for an amount not-to-exceed $164,000.
Staff Report
8. AWARD OF CONSTRUCTION CONTRACT FOR FIRE STATION 1 IMPROVEMENTS Recommendations:
(1) Award and authorize the City Manager to execute a contract with California Building Evaluation and Construction, Inc., in the amount of $237,400, for Fire Station 1 improvements; and (2) Authorize the City Manager to approve project related expenses, and construction change orders for unforeseen circumstances for an amount not-to-exceed $23,000.
Staff Report
9. AWARD OF CONSTRUCTION CONTRACT FOR THE BLUEBIRD STORM DRAIN OUTFALL AND DIVERSION STRUCTURE REHABILITATION Recommendations:
(1) Award and authorize the City Manager to execute a contract with Beador Construction Company, Inc., in the amount of $1,123,300, for the Bluebird Storm Drain Outfall and Diversion Structure Rehabilitation; (2) Authorize the City Manager to approve project related expenses and construction change orders for unforeseen circumstances for an amount not-to-exceed $150,000; and (3) Transfer an appropriation of $404,000 in project savings from the Summit Drive Storm Drain Improvement Project to the Bluebird Storm Drain Outfall Project to fully fund the project.
Staff Report
10. AWARD OF SERVICE PROVIDER AGREEMENT FOR HVAC MAINTENANCE SERVICES Recommendations:
(1) Authorize the City Manager to execute a service provider agreement with A & H Refrigeration, Inc. for a three-year term commencing on July 1, 2023, to provide HVAC maintenance services for an annual cost of $45,540; and (2) Authorize the City Manager to extend the contract for two additional one-year terms with a Consumer Price Index (CPI) based rate adjustment if services are satisfactory.
Staff Report
11. RESOLUTION APPROVING SENATE BILL 1 ROAD MAINTENANCE, STREET MAINTENANCE, REHABILITATION, AND SAFETY PROJECTS FOR FISCAL YEAR 2023-24 Recommendation: Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.” Staff Report
12. ADOPTION OF ORDINANCE AMENDING THE LAGUNA BEACH MUNICIPAL CODE TO REPEAL AND REPLACE CHAPTER 25.17 (SECOND RESIDENTIAL UNITS) WITH CHAPTER 25.17 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS) AS MODIFIED BY THE CALIFORNIA COASTAL COMMISSION, AND APPROVAL OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Recommendation: Adopt the Ordinance titled, “AN ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, REPEALING AND REPLACING LAGUNA BEACH MUNICIPAL CODE CHAPTER 25.17 (SECOND RESIDENTIAL UNITS) AND AMENDING LAGUNA BEACH MUNICIPAL CODE SECTIONS 25.10.004 (R-1 RESIDENTIAL LOW DENSITY ZONE, USES PERMITTED), AND 25.15.006 (R/HP RESIDENTIAL/HILLSIDE PROTECTION ZONE, USES PERMITTED), RELATING TO THE REGULATION OF ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS, AS MODIFIED BY THE CALIFORNIA COASTAL COMMISSION, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT” by approving a motion to waive further reading and adopt the Ordinance.
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.
13. AWARD OF PROFESSIONAL SERVICES CONTRACTS FOR LAGUNA CANYON ROAD PRELIMINARY ENGINEERING AND ENVIRONMENTAL DOCUMENT (INCLUSIVE OF OUTREACH SERVICES) AND FOR PROJECT MANAGEMENT SERVICES Recommendations:
(1) Award and authorize the City Manager to execute a contract with Mark Thomas & Company, Inc. in the amount of $3,557,953 for design, environmental, and outreach services for the Project Approval & Environmental Document phase of the Laguna Canyon Road Improvements project; (2) Authorize the City Manager to approve change orders for additional services that may be required in an amount not-to-exceed $350,000; (3) Award and authorize the City Manager to execute a professional services agreement with Tony Rahimian, P.E., sole proprietor, in the amount of $150,500 for Project Management services for one-year to lead the Laguna Canyon Road Project Approval & Environmental Document’s efforts; and (4) Authorize the City Manager to extend the contract with Tony Rahimian, P.E., sole proprietor, for up to two additional years at the same hourly rate if services are satisfactory.
Staff Report
14. RESOLUTION TO INCREASE RESIDENTIAL SOLID WASTE COLLECTION SERVICE MAXIMUM RATES Recommendation: Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, SETTING MAXIMUM SOLID WASTE SERVICE RATES AND REPEALING RESOLUTION NO. 21.059 AND ALL RESOLUTIONS INCONSISTENT HEREWITH.” Staff Report
15. UPDATE ON OPERATION OF SOUTH LAGUNA BEACHES
Recommendations:
(1) Direct staff to provide more warning signage at key locations in South Laguna for the potential for naturally occurring hazards, including applying for a Coastal Development Permit to provide signage at locations within existing signage infrastructure; (2) Direct staff to return to the City Council with either a rental program for City portable propane fire pits and develop a permit application to rent the portable fire pits at Aliso Beach; or with a process to proceed with permitting, procurement, and installation of permanent wood burning fire pits at Aliso Beach; (3) Approve moving the Pride Tower 20 feet south of the current location and install a camera at, or near, the location to address resident safety concerns; (4) Request staff to return to the City Council in January 2024 for an update focused on lessons learned over the summer regarding South Laguna beaches, including an update on Aliso Creek and the berm at Aliso Beach; and (5) Direct staff to establish a special event permit process to authorize private events at Aliso Beach and other South Laguna beaches as needed.
Staff Report
Public Communications
Additional Public Communications
16. UPDATE ON OUTDOOR DINING PROGRAMS INCLUDING PERMANENT PERMITTING PROCESS AND REVISED FEE STRUCTURE OPTIONS Recommendations:
(1) Provide input to staff on the proposed outdoor dining fee structures for adoption as part of the final Fiscal Year 2023-24 Budget; (2) Direct staff to return at a future City Council meeting to extend the Promenade on Forest’s Coastal Development Permit and Temporary Use Permit for three years (to January 2027) while staff proceeds with the preliminary design, entitlement, and permitting process to convert the Promenade to a permanent pedestrian plaza; and (3) Direct staff to return at a future City Council meeting to extend the Outdoor Dining and Parklet Program’s Temporary Use Permits for an additional three-year term (to January 2027) while staff addresses the requirements for outdoor dining on private and public property to become permanent.
Staff Report
Public Communications
17. SCOPE OF WORK FOR FACILITIES MASTER PLAN
Recommendations:
(1) Review and approve the proposed scope of services for the Facilities Master Plan; and (2) Direct staff to release the Request for Proposal for the Facilities Master Plan.
Staff Report
PUBLIC HEARING FOR APPEAL
13. AWARD OF PROFESSIONAL SERVICES CONTRACTS FOR LAGUNA CANYON ROAD PRELIMINARY ENGINEERING AND ENVIRONMENTAL DOCUMENT (INCLUSIVE OF OUTREACH SERVICES) AND FOR PROJECT MANAGEMENT SERVICES Recommendations:
A.
APPEAL OF CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION OF CATEGORICAL EXEMPTION IN CONNECTION WITH THE APPROVAL OF DESIGN REVIEW 23-0147 AND REVOCABLE ENCROACHMENT PERMIT 23-0148 FOR THE CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE AND DETACHED GARAGE AT 434 ASTER STREET IN THE R-1 (RESIDENTIAL LOW DENSITY) ZONE Recommendation: Deny the appeal and sustain the Design Review Board’s approval of a categorical exemption for Design Review 23-0147 and Revocable Encroachment Permit 23-0148 at 434 Aster Street.
Staff Report
Public Communications
Additional Public Communications
ADJOURNMENT TO THE CLOSED SESSION AT 4:00 P.M, AND
HYBRID VIRTUAL/IN-PERSON JOINT CITY COUNCIL / LAGUNA BEACH UNIFIED SCHOOL DISTRICT MEETING AT 5:00 P.M., TUESDAY, JUNE 6, 2023, THEN TO THE INTERVIEWS & APPOINTMENTS AT 3:00 P.M., CLOSED SESSION AT 5:00 P.M., AND HYBRID VIRTUAL/IN-PERSON REGULAR CITY COUNCIL MEETING AT 5:30 P.M., TUESDAY, JUNE 13, 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.