AGENDA
TUESDAY, JULY 11, 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 a href="mailto:[email protected]">[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 July 10, 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 July 11, 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 July 11, 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 - 3:30 p.m. to 5:00 p.m.
Closed Session
CITY COUNCIL MEETING - 5:00 p.m.
EXTRAORDINARY BUSINESS
1. 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.
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 June 27, 2023.
Minutes
REVISED Minutes
3. WARRANT LISTING
Warrants: $2,586,590.74 06/23/2023
Payroll #26 $1,948,623.81 06/30/2023
Total $4,535,214.55
Staff Report
4. CITY TREASURER’S MONTHLY INVESTMENT REPORT FOR MAY 2023 Recommendation: It is recommended by the City Treasurer that the City Council receive and file the Monthly Investment Report for May 2023.
Staff Report
5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH TO CONFIRM WEED ABATEMENT ASSESSMENT ROLL Recommendations:
(1) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, CONFIRMING ASSESSMENTS FOR WEED ABATEMENT,” which will direct the Fire Chief to file a copy of the 2023 report with the County Auditor on or before August 10, 2023; and (2) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, CONFIRMING ASSESSMENTS FOR WEED ABATEMENT,” with Councilmember Rounaghi to abstain.
Staff Report
6. TIER 3 SEISMIC ASSESSMENT OF CITY HALL AND FIRE STATIONS #2 AND #3 Recommendation: Award and authorize the City Manager to execute a contract with IDS Group, in the amount of $780,688, to perform an American Society of Civil Engineers Standard 41 Tier 3 seismic evaluation and retrofit design for the City Hall and Fire Station No. 2 and 3 buildings.
Staff Report
7. ACCEPTANCE OF BURKART ESTATE DONATION
Recommendations:
(1) Accept the donation from the Edward Burkart estate in the amount of $29,751.46; (2) Appropriate the $29,751.46 to be used for animal-related matters at the Animal Shelter, which include facility maintenance, animal care, and educational outreach with a matching increase in estimated Animal Shelter Estate Donations; and (3) Authorize the Mayor to send a thank you letter to the estate.
Staff Report
8. AWARD OF TOW SERVICE AGREEMENTS AND FEE ADJUSTMENTS
Recommendations:
(1) Authorize the City Manager to execute an agreement with two contracted city towing service companies, To and Mo Towing and Laguna Towing; and (2) Adopt the Resolution titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ESTABLISHING TOWING CHARGES AND STORAGE RATES FOR OFFICIAL POLICE TOW SERVICES AND RESCINDING RESOLUTION NO. 15.083." Staff Report
9. APPROVAL OF 46TH ANNUAL VICTORIA SKIMBOARD CHAMPIONSHIPS AT ALISO BEACH Recommendations:
(1) Approve the Annual Skimboard Championships at Aliso Beach, scheduled for August 26 - 27, 2023; and (2) Waive $270 in parking fees associated with using three parking spaces during the event and $2,880 costs related to additional Marine Safety staff needed for the event.
Staff Report
Public Communications
10. ADOPTION OF ORDINANCE AMENDING LAGUNA BEACH MUNICIPAL CODE SECTION 25.05.040 (DESIGN REVIEW) AND CHAPTER 25.07 (COASTAL DEVELOPMENT PERMITS) AS MODIFIED AND APPROVED BY THE CALIFORNIA COASTAL COMMISSION ON FEBRUARY 9, 2023 Recommendations:
(1) Adopt the Ordinance titled, “AN ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING LAGUNA BEACH MUNICIPAL CODE SECTION 25.05.040 (DESIGN REVIEW) AND CHAPTER 25.07 (COASTAL DEVELOPMENT PERMITS) AS MODIFIED AND APPROVED BY THE CALIFORNIA COASTAL COMMISSION ON FEBRUARY 9, 2023, AND A FINDING OF EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT”; and (2) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ACKNOWLEDGING RECEIPT OF THE CALIFORNIA COASTAL COMMISSION’S CERTIFICATION; ACCEPTING AND AGREEING TO THE SUGGESTED MODIFICATIONS; ADOPTING LOCAL COASTAL PROGRAM AMENDMENT 21-8778 TO AMEND LAGUNA BEACH MUNICIPAL CODE SECTION 25.05.040 (DESIGN REVIEW) AND CHAPTER 25.07 (COASTAL DEVELOPMENT PERMITS) AS MODIFIED AND APPROVED BY THE CALIFORNIA COASTAL COMMISSION ON FEBRUARY 9, 2023, AND EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND REQUESTING ITS CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION, AND AGREEING TO IMPLEMENT THE LOCAL COASTAL PLAN IN A MANNER FULLY CONSISTENT WITH THE CALIFORNIA COASTAL ACT.” Staff Report
11. BUDGET POLICY RESOLUTION FOR FISCAL YEAR 2023-24 AFFIRMING ANNUAL TRANSFER TO HOUSING FUND, DISASTER CONTINGENCY FUND RESTRICTIONS, MID-YEAR TRANSFER TO OPEN SPACE FUND, AND A COMMITMENT TO CONTRIBUTE TOWARD THE POTENTIAL PURCHASE OF SOUTH LAGUNA GARDEN PARK Recommendation: Approve funding policies for the Fiscal Year 2023-24 Proposed Budget by adopting the Resolution titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, TO RESTRICT FUNDING IN THE DISASTER CONTINGENCY FUND, TRANSFER TRANSIENT OCCUPANCY TAX REVENUE IN EXCESS OF BUDGET ESTIMATES TO THE HOUSING FUND, TRANSFER MID-YEAR BUDGET SAVINGS UP TO $300,000 TO THE OPEN SPACE FUND, AND A CONTRIBUTION TOWARD THE POTENTIAL PURCHASE OF THE SOUTH LAGUNA COMMUNITY GARDEN.” Staff Report
Public Communications
COUNCILMEMBER REQUESTS
A.
RENAMING TOP OF THE WORLD PARK TO WILLIAM M. WILCOXEN PARK (KEMPF) Recommendation: It is recommended by Mayor Pro Tem Sue Kempf that the City Council approve the renaming of Top of the World Park to William M. Wilcoxen Park and authorize the installation of a new park identification sign.
Agenda Report
Public Communications
Additional Public Communications
B.
RESOLUTION SUPPORTING ASSEMBLY CONSTITUTIONAL AMENDMENT (ACA) 12 RELATING TO CONTROLLED SUBSTANCES (ROUNAGHI) Recommendation: It is recommended by Councilmember Alex Rounaghi that the City Council adopt the Resolution titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, SUPPORTING ASSEMBLY CONSTITUTIONAL AMENDMENT (ACA) 12 RELATING TO CONTROLLED SUBSTANCES." ITEM B
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. TEMPORARY USE PERMIT 23-1215 AND COASTAL DEVELOPMENT PERMIT 23-1216 TO ESTABLISH AND OPERATE A TEMPORARY ANIMAL CARE FACILITY LOCATED AT 20652 LAGUNA CANYON ROAD Recommendations:
(1) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING TEMPORARY USE PERMIT 23-1215 TO ESTABLISH AND OPERATE A TEMPORARY ANIMAL CARE FACILITY LOCATED AT 20652 LAGUNA CANYON ROAD” for a one-year period; and (2) Approve Coastal Development Permit 23-1216 to establish and operate a temporary animal care facility located at 20652 Laguna Canyon Road for a one-year period.
Staff Report
13. FIRST READING APPROVING GENERAL PLAN AMENDMENT 2023-0658, ZONING ORDINANCE AMENDMENT 2023-0659, AND LOCAL COASTAL PROGRAM AMENDMENT 2023-0660 RELATED TO REZONING TWENTY-SIX PARCELS OBTAINED THROUGH PROPOSITION 12 FUNDING TO OPEN SPACE Recommendation: Introduce the first reading of the Ordinance approving General Plan Amendment 2023-0658, Zoning Ordinance Amendment 2023-0659, and Local Coastal Program Amendment 2023-0660 to amend portions of the General Plan and Laguna Beach Municipal Code pertaining to the Land Use Map and Zoning Map 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 a second reading.
Staff Report
Public Communications
14. AWARD OF CONTRACT FOR SOLID WASTE FRANCHISE AGREEMENT Recommendations:
(1) Award the Franchise Agreement for the Collection, Transportation, Processing and Diversion of Recyclable Materials, Food Scraps, Yard Trimmings, Construction, Transportation and Disposal of Municipal Solid Waste to CR&R Incorporated to commence on July 1, 2024 and continue for eight years; (2) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH APPROVING THE EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF LAGUNA BEACH AND CR&R, INCORPORATED FOR THE COLLECTION, TRANSPORTATION, PROCESSING AND DIVERSION OF RECYCLABLE MATERIALS, FOOD SCRAPS, YARD TRIMMINGS, CONSTRUCTION, TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH”; and (3) Authorize the City Manager to execute the contract on behalf of the City with any non-substantive changes approved by the City Manager.
Staff Report
Public Communications
Additional Public Communications
COMMITTEE REQUEST
15. REQUEST FROM THE CITIZENS’ AUDIT REVIEW AND INVESTMENT ADVISORY COMMITTEE TO CONTINUE EVALUATING OUTSOURCING THE MANAGEMENT OF THE CITY’S INVESTMENT PORTFOLIO Recommendation: Approve further evaluation of outsourcing of the management of the City's investment portfolio by issuing a Request for Proposals (RFP) to potentially outsource the investment program and comparing it with the investment program managed by the City Treasurer.
Staff Report
Public Communications
PUBLIC HEARING FOR APPEAL
A.
APPEAL OF APPROVAL OF DESIGN REVIEW 22-1633, VARIANCE 22-1634 AND REVOCABLE ENCROACHMENT PERMIT 22-1635 FOR ADDITIONS TO AN EXISTING SINGLE-FAMILY DWELLING AT 31101 BROOKS STREET IN THE R-1 ZONE Recommendation: Deny the appeal and sustain the Design Review Board's approval of Design Review 22-163 3, Variance 22-1634 and Revocable Encroachment Permit 22-1635 at 31101 Brooks Street.
The Board determined that the project qualified for a Class 3 Categorical Exemption pursuant to Section 15301 of the State CEQA Guidelines. The appeal does not encompass the Board's CEQA determination.
Staff Report
Letter by Applicant’s Agent
Letter by Applicant’s Attorney
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, JULY 25, 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.