AGENDA
TUESDAY, AUGUST 8, 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 August 7, 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 August 8, 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 August 8, 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 - 3:00 p.m. to 4:00 p.m.
Closed Session
JOINT CITY COUNCIL / DESIGN REVIEW BOARD MEETING - 4:00 p.m. to 5:00 pm.
Joint City Council / Design Review Board Agenda
Public Communications
CITY COUNCIL MEETING - 5:00 p.m.
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.
1. WARRANT LISTING
Warrants: $2,438,376.95 7/21/23
Payroll #2 $1,819,780.20 7/28/23
Total $4,258,157.15
Staff Report
2. CLAIMS AGAINST THE CITY
Recommendations:
(1) Reject claim #22-44 filed by Rodney Halvorson; and
(2) Reject claim #23-21 filed by Nicholas Puma.
Staff Report
3. AWARD OF CONSTRUCTION CONTRACT FOR LAGUNA CANYON ROAD MEDIAN LANDSCAPING Recommendations:
(1) Award and authorize the City Manager to execute a contract with Kormex Construction, in the amount of $786,976, for the Laguna Canyon Road Medians Landscaping; (2) Authorize the City Manager to approve project related expenses and construction change orders for unforeseen circumstances for an amount not-to-exceed $80,000; and (3) Transfer an appropriation of $410,000 of project savings from the Laguna Channel Rehabilitation for the construction of Laguna Canyon Road Medians Landscaping.
Staff Report
Public Communications
Additional Public Communications
4. ADOPTION OF AN ORDINANCE AMENDING THE LAGUNA BEACH MUNICIPAL CODE RELATED TO DOG BARKING, TYING ANIMALS TO MOVING VEHICLES OR BICYCLES, AND THE PROCESS FOR DECLARING AN ANIMAL TO BE VICIOUS AND/OR A PUBLIC NUISANCE Recommendation: Adopt the Ordinance titled, “AN ORDINANCE OF THE CITY OF LAGUNA BEACH AMENDING PORTIONS OF TITLE 6 OF THE LAGUNA BEACH MUNICIPAL CODE, RELATING TO ANIMALS.” Staff Report
Public Communications
5. ADOPTION OF ORDINANCE AMENDING LAGUNA BEACH MUNICIPAL CODE CHAPTER 25.17 (ACCESSORY DWELLING UNITS AND JUNIORACCESSORY DWELLING UNITS), AS MODIFIED BY THE CALIFORNIA COASTAL COMMISSION ON FEBRUARY 9, 2023, CORRECTING MINOR OMISSIONS FROM THE ADOPTION ON MAY 16, 2023, AND APPROVAL OF EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT Recommendation: Adopt the Ordinance titled, “AN ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING LAGUNA BEACH MUNICIPAL CODE CHAPTER 25.17 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS), AS MODIFIED BY THE CALIFORNIA COASTAL COMMISSION ON FEBRUARY 9, 2023, CORRECTING MINOR OMISSIONS FROM THE ADOPTION ON MAY 16, 2023, AND APPROVAL OF EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT.” 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.
6. HOUSING AND HUMAN SERVICES COMMITTEE FISCAL YEAR 2023-24 WORK PLAN Recommendations:
(1) Receive an oral report from the Chair of the Housing and Human Services Committee; and (2) Authorize the Housing and Human Services Committee to proceed with its Fiscal Year 2023-24 Work Plan.
Agenda Report
7. EMERGENCY AND DISASTER PREPAREDNESS COMMITTEE FISCAL YEAR 2023-24 WORK PLAN Recommendations:
(1) Receive an oral report from the Chair of the Emergency and Disaster Preparedness Committee; and (2) Authorize the Emergency and Disaster Preparedness Committee’s to proceed with its Fiscal Year 2023-24 Work Plan.
Agenda Report
8. CONSIDER CITY CONTRIBUTION TO THE PROPOSED WOODS COVE ASSESSMENT DISTRICT Recommendations:
(1) Consider the request from the Woods Cove proponents for the additional City contribution toward a public safety benefit of undergrounding portions of Glenneyre Street; (2) Provide direction to the City Manager on the amount of additional contribution, if any, the City should contribute towards the Undergrounding Utility Assessment District 2014-2; and (3) Approve the use of an appropriation from the Wildfire Mitigation and Fire Safety Fund for utility undergrounding project contribution.
Staff Report
Public Communications
Additional Public Communications
9. TEMPORARY USE PERMIT 22-1939 TO APPROVE A NEW PARKLET AND OUTDOOR DINING AREA ALONG FOREST AVENUE FOR A NEW RESTAURANT AT 305 FOREST AVENUE Recommendations:
(1) Consider the addition of new parklets in the Downtown and the associated application; and (2) If supported, adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING TEMPORARY USE PERMIT 22-1939 TO ESTABLISH AND OPERATE A TEMPORARY PARKLET AND APPROVING A CATEGORICAL EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT LOCATED AT 305 FOREST AVENUE.” Staff Report
Public Communications
Additional Public Communications
10. FIRST READING OF AN ORDINANCE AMENDING LAGUNA BEACH MUNICIPAL CODE CHAPTER 25.95 REGARDING REGULATION OF SINGLE FAMILY RESIDENTIAL ONE- AND TWO-UNIT DEVELOPMENTS AND URBAN LOT SPLITS PURSUANT TO CALIFORNIA SENATE BILL 9, AND CATEGORICAL EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT Recommendation: Introduce the Ordinance, which adopts a permanent ordinance to replace the urgency ordinance implementing Senate Bill 9 requirements 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
11. APPROVAL OF LEGAL SERVICES AGREEMENT FOR CITY ATTORNEY SERVICES Recommendations:
(1) Award and authorize the City Manager to execute a legal services agreement with Best Best & Krieger, LLP for City Attorney Services for five (5) years with an option for the City Council to extend the contract for three (3) additional years, and designate Megan Garibaldi as the City Attorney and Alisha Winterswyk as the Assistant City Attorney for the City of Laguna Beach, effective as of September 11, 2023; and (2) Adopt a resolution titled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ESTABLISHING THE MONTHLY COMPENSATION FOR CITY ATTORNEY SERVICES PROVIDED BY BEST BEST & KRIEGER, LLP”; and (3) Authorize the City Manager to negotiate and execute an Amendment to the Agreement with Rutan & Tucker, LLP to provide consulting and such other services as may be needed in order to ensure a seamless transition of City Attorney services, for a period of six (6) months. COUNCILMEMBER ITEM Staff Report
COUNCILMEMBER ITEM
12. TENANT PROTECTION POLICIES (WHALEN)
Recommendations: It is recommended by Mayor Whalen that the City Council:
(1) Receive a report regarding tenant protection policies; and (2) Provide any feedback or direction as appropriate.
Agenda Report
PUBLIC HEARING FOR APPEALS
A.
APPEAL OF APPROVAL OF DESIGN REVIEW 22-2048, AND CALIFORNIA ENVIRONMENTAL QUALITY ACT CATEGORICAL EXEMPTION OF A 9,148 SQUARE-FOOT TWO-STORY SINGLE-FAMILY DWELLING WITH A 769.5 SQUARE-FOOT ATTACHED THREE-CAR GARAGE AT 2471 RIVIERA DRIVE IN THE R-1 (RESIDENTIAL LOW DENSITY) ZONE
Recommendation: Deny the appeal and sustain the Design Review Board's decision to approve the project and adopt the Class 3 categorical exemption pursuant to CEQA.
Agenda Report
Public Communications (attorney for appellant)
Public Communications (attorney for applicant)
Public Communications
Additional Public Communications
B.
APPEAL OF APPROVAL OF DESIGN REVIEW 18-0845, COASTAL
DEVELOPMENT PERMIT 18-0846, AND CALIFORNIA ENVIRONMENTAL
QUALITY ACT CATEGORICAL EXEMPTION FOR CONSTRUCTION OF A 3,573 SQUARE FOOT SINGLE-FAMILY DWELLING AND ATTACHED GARAGE ON A VACANT LOT AT 22350 THIRD AVENUE IN THE R-1 (RESIDENTIAL
LOW DENSITY) ZONE
Recommendation: Deny the appeal and sustain the Design Review Board's decision to approve the project and adopt the Class 3 categorical exemption pursuant to CEQA.
Agenda Report
Public Communications (attorney for applicant)
Public Communications (architect for applicant)
Public Communications
Additional Public Communications
Tuesday Public Communications
ADJOURNMENT TO THE CLOSED SESSION AT 3:00 P.M,
JOINT CITY COUNCIL/PLANNING COMMISSION MEETING AT 4:00 P.M., AND HYBRID VIRTUAL/IN-PERSON REGULAR CITY COUNCIL MEETING AT 5:00 P.M., TUESDAY, AUGUST 22, 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.