AGENDA
TUESDAY, NOVEMBER 7, 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 November 6, 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 November 7, 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 November 7, 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 pm.
EXTRAORDINARY BUSINESS
1. PRESENTATION FROM CITY OF HOPE ORANGE COUNTY
Recommendation: Receive a presentation from City of Hope Orange County about its services. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Presentation
PUBLIC COMMENTS - NON-AGENDIZED ITEMS
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
CITY COUNCIL AND STAFF REPORTS
Announcements, Committee reports, and City 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.
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 October 24, 2023.
Minutes
3. WARRANT LISTING
Warrants: $2,453,657.29 10/13/2023
Payroll #8 $1,666,796.46 10/20/2023
Total $4,120,453.75
Recommendation: Approve the general warrants and payroll disbursements.
Staff Report
4. CITY TREASURER’S MONTHLY INVESTMENT REPORT FOR SEPTEMBER 2023 Recommendation: It is recommended by the City Treasurer that the City Council receive and file the Monthly Investment Report for September 2023.
Staff Report
5. FISCAL YEAR 2023-2024 CARRYOVER APPROPRIATIONS
Recommendations:
(1) Carryover appropriations of $20,830,400 to Fiscal Year 2023-24 to provide continuing funding for projects in progress at the end of the last fiscal year; and (2) Carryover revenue estimates of $8,839,500 expected to be received in Fiscal Year 2023-24.
Staff Report
6. RESOLUTION CONCERNING THE FISCAL YEAR 2024-25 TO 2029-30 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM Recommendation: It is recommended that the City Council adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, WHICH CERTIFIES THAT THE CITY OF LAGUNA BEACH HAS THE RESOURCES TO FUND THE PROJECTS IN THE FISCAL YEAR 2024-25 TO 2029-30 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMS ITS COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM.” 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. EXTENSION OF THE OUTDOOR DINING AND PARKLET PROGRAM; AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15301 AND 15304 [PUBLIC HEARING] Recommendations:
(1) Hold a public hearing on the extension of the Outdoor Dining and Parklet Program, consider public testimony, deliberate, and adopt a Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, EXTENDING THE OUTDOOR DINING AND PARKLET PROGRAM; AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15301 AND 15304”; and (2) Determine that the extension of the Outdoor Dining and Parklet Program is categorically exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines sections 15301 and 15304.
Staff Report
Public Communications
Additional Public Communications
COUNCILMEMBER ITEM
8. CONSIDER THE RELEASE OF CERTAIN INFORMATION PROTECTED AS CONFIDENTIAL, AND BY THE ATTORNEY-CLIENT PRIVILEGE, RELATING TO (1) THE SEPARATION AGREEMENT WITH THE FORMER CITY MANAGER AND (2) THE REPORT PREPARED BY OUTSIDE COUNSEL REGARDING THE FORMER CITY MANAGER’S PERSONNEL COMPLAINT (WHALEN) Recommendations: It is recommended by Mayor Bob Whalen that the City Council first consider whether to waive the confidentiality of certain Closed Session discussions surrounding the separation agreement, then consider the following options as to the Report:
(1) The City Council may decline to release the Report, make the Closure Letter publicly available, and issue a statement that it is satisfied so that there is no need for further investigation or action and that the matter is closed.; and (2) The City Council may waive, in part, the attorney-client privilege as to certain sections of the Rep01t for the purpose of communicating the allegations investigated, methodology, and investigator’s findings.
Memo
Public Communications
Additional Public Communications
PUBLIC HEARING FOR APPEAL
A.
APPEAL OF THE DENIAL OF DESIGN REVIEW 23-1553 TO EXTEND THE
ELEVATED DECK AREA BEYOND THE CITY COUNCIL CONDITIONED
SQUARE FOOTAGE AND MINOR MODIFICATIONS TO THE DOORS AND WINDOWS AT 1587 ATLANTIC WAY IN THE RESIDENTIAL/HILLSIDE
PROTECTION ZONE AND FINDING THAT NO FURTHER ENVIRONMENTAL
REVIEW IS REQUIRED PURSUANT TO STATE CALIFORNIA
ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15162
Recommendations:
(1) Partially grant the appeal (DR 23-1553) as to the modifications to the windows and doors, and partially deny the appeal as to the modifications to the elevated deck, partially reverse the Administrative Design Review decision as to the modification to the doors and windows, and partially uphold the Administrative Design Review as to the elevated deck, and adopt a resolution that sets forth the findings to grant the modification to the doors and windows and deny the modification to the elevated deck;and
(2) Make findings pursuant to the California Environmental Quality Act that no further environmental review is required pursuant to State California Environmental Quality Act Guidelines section 15162.
Staff Report
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, NOVEMBER 21, 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.