AGENDA
TUESDAY, OCTOBER 24, 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 October 23, 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 October 24, 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 September 26, 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. For comments submitted on a topic not on the agenda, please indicate that you would like your comments included in the official record for this 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. As a courtesy and convenience, and technology permitting, members of the public may provide live remote oral public comment via the City’s Zoom platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue.
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.
CITY COUNCIL MEETING 5:00 p.m.
EXTRAORDINARY BUSINESS
1. UPDATE FROM STATE SENATOR JANET NGUYEN OF THE THIRTY-SIXTH SENATE DISTRICT Recommendation: Receive the update from State Senator Janet Nguyen.
Staff Report
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 or less with a maximum time of 30 minutes for all public comments. This time may be reduced or extended at the determination of the Mayor.
Public Communications
Additional Public Communications
Additional Public Communications
COUNCIL AND STAFF REPORTS
Announcements, Committee reports, and Council comments for the purpose of presenting brief comments or reports, are subject to California Government Code Section 54954.2 of the Brown Act.
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 October 10, 2023.
Minutes
4. WARRANT LISTING
Warrants: $2,571,539.13 9/29/23
Payroll #7 $1,600,182.07 10/06/23
Total $4,171,721.20
Staff Report
5. CLAIMS AGAINST THE CITY
Recommendations:
(1) Reject claim #23-16 filed by Ryan Clark; and
(2) Reject claim #23-24 filed by Leonard Feigenbaum.
Staff Report
6. WORKERS’ COMPENSATION ALTERNATIVE DISPUTE RESOLUTION AGREEMENT BETWEEN THE CITY OF LAGUNA BEACH AND LAGUNA BEACH FIREFIGHTERS’ ASSOCIATION LOCAL 3684 Recommendation: Authorize the City Manager to execute a Workers’ Compensation Alternative Dispute Resolution Agreement between the City of Laguna Beach and the Laguna Beach Firefighters’ Association Local 3684.
Staff Report
7. RESOLUTION RATIFYING SIDE LETTER AGREEMENTS WITH FOUR LABOR ASSOCIATIONS FOR A HOLIDAY CLOSURE PROGRAM IN THEIR MEMORANDUM OF UNDERSTANDING Recommendations:
(1) Adopt the Resolution titled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, RATIFYING THE SIDE LETTER OF AGREEMENTS BETWEEN THE CITY AND THE LAGUNA BEACH MUNICIPAL EMPLOYEES’ ASSOCIATION, THE LAGUNA BEACH POLICE EMPLOYEES’ ASSOCIATION, THE LAGUNA BEACH FIREFIGHTERS ASSOCIATION LOCAL 3684, AND THE LAGUNA BEACH POLICE AND FIRE MANAGEMENT ASSOCIATION," and (2) Authorize the City Manager to sign employee association side letters of agreement.
Staff Report
8. AMENDMENT TO SERVICE PROVIDER AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES Recommendation: Authorize the City Manager to amend Agreement #20-120 with Parkwood Landscape Maintenance, Inc. to include landscaping service to Aliso Beach Park for an additional $15,000 and a total agreement cost not-to-exceed $165,000.
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.
9. DISCUSSION ON FIRE PITS, OBSERVATION CAMERA, AND LIGHT POLE AT ALISO BEACH AND FIRST READING OF ORDINANCE AMENDING PORTIONS OF TITLE 18 AND 15 OF THE LAGUNA BEACH MUNICIPAL CODE RELATED TO USE OF FIRE AND FINDING SAID ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Recommendations:
(1) Introduce the Ordinance titled, "AN ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING SECTION 18.04.065 OF CHAPTER 18.04 OF TITLE 18 AND SECTION 15.01.030 OF CHAPTER 15.01 OF TITLE 15 OF THE LAGUNA BEACH MUNICIPAL CODE, RELATING TO USE OF FIRES; AND DETERMINE THE PROJECT TO BE CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15301, 15302, 15303, AND 15304,” amending portions of Title 18 and Title 15 of the Laguna Beach Municipal Code related to the use of fires by a) asking the City Clerk to read the title of the Ordinance; and b) approving a motion to waive further reading of the Ordinance and to pass it to a second reading; (2) Direct staff to proceed with the appropriate Coastal Development Permit (“CDP”) process for purposes of installing wood-burning fire pits; (3) Direct staff to replace the light pole and install an observation camera at Aliso Beach and appropriate $35,000 from the South Laguna Fund for the purchase; (4) Determine that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15301 (Class 1), 152302 (Class 2), 15303 (Class 3), and 15304 (Class 4); and (5) Direct staff to file and post a Notice of Exemption consistent with the above-stated CEQA finding within five days of this approval.
Staff Report
10. PUBLIC TREE REMOVAL AT 387 EL CAMINO DEL MAR (WEISS) Recommendations:
(1) Approve the removal of the lemon-scented gum tree located at 387 El Camino Del Mar; (2) Determine that the recommended action is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines section 15304 (Class 4) categorical exemption; and (3) Direct staff to file and post a Notice of Exemption consistent with the above-stated CEQA finding within five days of this approval.
Staff Report
Public Communications
COUNCILMEMBER ITEMS
11. PROPOSED LANG PARK PICKELBALL COURT RELOCATION (WEISS) Recommendations: It is recommended by Councilmember George Weiss that the City Council:
(1) Direct staff to remove the temporary pickleball nets from the Lang Park tennis courts by November 15, 2023, and return the use of the space to tennis play only; (2) Direct staff to return to the City Council with an alternate location(s) that could accommodate or expand pickleball courts such the tennis court on Bluebird Canyon Drive or expansion of courts at Alta Laguna; (3) Consider building new courts designed for pickleball use at Lang Park; (4) Consider half-time use of the courts at Lang Park and converting tennis court on Bluebird to pickleball with half-time use only if the City cannot provide replacement capacity at Alta Laguna or at Bluebird Canyon Drive tennis court; (5) Consider converting one additional court at Alta Laguna to provide additional capacity for pickleball; and/or (6) Implement noise reducing measures at the gym at the Laguna Beach Recreation Center. Alternatively:
(7) The City Council could ratify its direction from November 15, 2022, to convert one tennis court at Lang Park into three permanent pickleball courts. This action is not a project under the California Environmental Quality Act (“CEQA”) because it will not cause a direct or reasonably foreseeable indirect physical environmental change pursuant to Public Resources Code section 21065 and State CEQA Guidelines section 15378. Instead, the action confirms the City Council’s November 15, 2022, action, including approval of the project and determination that it is categorically exempt pursuant to State CEQA Guidelines sections 15301 (Existing Facilities) and 15302 (Replacement or Reconstruction).
Staff Report
Public Communications
Additional Public Communications
12. CONSIDERATION TO PROPOSE STATE LEGISLATION THAT ADDRESSES BY-RIGHT HEIGHT RESTRICTIONS FOR ACCESSORY DWELLING UNITS BASED ON LOCAL JURISDICTION’S COMPLIANCE WITH ITS REGIONAL HOUSING NEEDS ASSESSMENT (ROUNAGHI) Recommendations: It is recommended by Councilmember Alex Rounaghi that the City Council:
(1) Formally sponsor and support a legislative proposal that that would allow cities that have achieved their low and very low-income Regional Ho0using Needs Assessment requirement to be exempt from being required to allow 25 feet Accessory Dwelling Units, reverting to the previous standard of 16 feet (allow flexibility to change based on strategy); (2) Appoint a City Council Ad Hoc Committee to work with the City Manager, City Attorney, and Townsend Public Affairs to refine the legislative proposal and strategy for the upcoming 2024 legislative session; (3) Amend the 2023 Legislative Platform to include supporting the legislative proposal; and (4) Direct the Ad Hoc Committee to meet with relevant state stakeholders, including but not limited to, the state HCD, Coastal Commission, and our Orange County legislative delegation to lobby for the legislative proposal and advance the City’s regulatory and legislative priorities related to ADUs as defined in the City’s Legislative Platform.
Staff Report
Public Communications
Letter of Support from State Senator Dave Min
13. RESOLUTION CONDEMNING ACTS OF TERRORISM AGAINST ISRAEL, AND URGING ACTION TO PROTECT INNOCENT CIVILIANS Recommendation: Adopt the Resolution titled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, CONDEMNING ACTS OF TERRORISM AGAINST ISRAEL, AND URGING ACTIONS TO PROTECT INNOCENT CIVILIANS.? Staff Report
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, NOVEMBER 7, 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.