AGENDA
TUESDAY, NOVEMBER 21, 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 20, 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 21, 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 217, 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. Courtesy Virtual Participation: Please take notice that the City Council is not proceeding under AB 361/AB 2449 (or the traditional teleconferencing Brown Act rules) and thus teleconferencing is offered merely as a courtesy and convenience. The City cannot guarantee that the public’s access to teleconferencing under such circumstances will be uninterrupted. In those instances, so long as the public may still attend the meeting in person, the meeting will continue. Please access courtesy virtual participation by following the below steps:
* 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 4:00 p.m. - 5:00 p.m.
Public Comment can be provided at 4:00 p.m. on any item on the Closed Session agenda, in Council Chambers, then the Council will convene in Conference Room A for the Closed Session.
Closed Session
CITY COUNCIL MEETING 5:00 p.m.
EXTRAORDINARY BUSINESS
1. PROCLAMATION DECLARING NOVEMBER AS FAMILY COURT AWARENESS MONTH IN LAGUNA BEACH Recommendation: Adopt the Proclamation declaring November as Family Court Awareness Month in Laguna Beach.
Proclamation
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
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 November 7, 2023.
Minutes
3. WARRANT LISTING
Warrants: $3,078,225.04 10/27/2023
Payroll #9: $1,623,760.16 11/03/2023
Total $4,701,985.20
Recommendation: Approve the general warrants and payroll disbursements.
Staff Report
4. AWARD OF SERVICE PROVIDER AGREEMENT FOR CITY FUEL DELIVERY SERVICES Recommendation: Award and authorize the City Manager to execute a four-year agreement with Mansfield Oil Company of Gainesville, Inc. for diesel and unleaded gasoline fuel, not to exceed 147,000 gallons annually.
Staff Report
5. 2024 CULTURAL ARTS LIVE PERFORMANCE SCHEDULE
Recommendations:
(1) Approve the 2024 performance schedule for City-sponsored live performances; (2) Approve the use of amplified sound during the performances; and (3) Authorize the City Manager to approve any revisions to the location or dates of the performances, if required.
Staff Report
6. APPROVAL OF 2023 MILLS ACT CONTRACTS FOR TEN PROPERTIES Recommendations:
(1) Adopt the Resolutions approving Mills Act Preservation Agreements for 11 La Senda Place, 400 Los Robles, 389 Oak Street, 638 Seaview Street, 141 Crescent Bay Drive, 21 North La Senda Drive, 489 Graceland Drive, 615 Seaview Street, 665 Lombardy Lane, and 498 El Camino Del Mar; (2) Determine that approving the Mills Act Preservation Agreements is categorically exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines section 15331; and (3) Authorize the City Manager to sign the contract agreements with the owners of the subject properties.
Staff Report
7. ART IN PUBLIC PLACES (1369 NORTH COAST HIGHWAY)
Recommendations:
(1) Approve the installation of a wall mounted sculpture titled “Sea Breeze Symphony” by Rahul Jobalia to satisfy the Art in Public Places requirement for the new commercial development located at 1369 North Coast Highway; (2) Determine that no further environmental review is required pursuant to State CEQA Guidelines section 15162; and (3) Direct staff to file and post a Notice of Determination consistent with the above-stated CEQA findings within five days of this approval.
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.
8. REVISIONS TO UNDERGROUND UTILITY ASSESSMENT DEFERMENT LOAN PROGRAM Recommendations:
(1) Approve lowering the age limit for property owners to qualify for the loan deferment program from age 62 to age 55; (2) Increase the household income requirements to 15% above the Orange County Moderate Income Limit, as determined by the Department of Housing and Urban Development, for the year in which they apply; and (3) Reduce the Fiscal Year 2023-24 transfer from the Street Lighting and Utility Fund to the Wildfire Mitigation and Fire Safety Fund by $500,000 and reappropriate this amount for the Assessment Deferment Loan Program, thereby increasing the total program budget to $700,000.
Staff Report
Public Communications
Additional Public Communications
Additional Public Communications
COUNCILMEMBER ITEMS
9. REQUEST FOR CITY COUNCIL RECONSIDERATION OF OCTOBER 24, 2023, APPROVAL TO REMOVE LEMON-SCENTED GUM TREE LOCATED AT 387 EL CAMINO DEL MAR (WHALEN) Recommendations: It is recommended by Mayor Bob Whalen that the City solicit, under the direction of the City Manager or his designee, a Level III Risk Assessment of the tree by a third-party certified arborist, to include ground-penetrating radar root mapping to determine the tree?s underlying root structure, performance of a static pull test and any recommendations for tree pruning to provide the City Council, and the community, an even more comprehensive understanding of the relative health and viability of the tree.
City Council Memorandum
Public Communications
10-24-2023 Public Comments
11-07-2023 Public Comments
Additional Public Communications
Additional Public Communications
10. RECOMMENDATION TO EVALUATE JOINING THE NATURAL COMMUNITIES COALITION (ORGILL/WEISS) Recommendations: It is recommended by Councilmembers Mark Orgill and George Weiss that the City Council authorize staff to determine operational benefits and implications of joining the Natural Communities Coalition (NCC) and for the City Attorney to review legal ramifications of the same before returning to the City Council with information necessary to consider seeking City membership in the Coalition.
City Council Memorandum
Public Communications
11. PARKING SOLUTIONS FOR CITY STAFF AND USERS OF LAGUNA BEACH COMMUNITY AND RECREATION CENTER (WHALEN) Recommendations: It is recommended by Mayor Bob Whalen that the City Council direct staff to explore parking solutions for City staff and users of the Laguna Beach Community and Recreation Center (LBCRC).
City Council Memorandum
12. POLICY FOR ROTATING MAYOR AND MAYOR PRO TEM ASSIGNMENTS (WEISS) Recommendations: It is recommended by Councilmember George Weiss that the City Council consider establishing a policy requiring rotation of Mayor and Mayor Pro Tem assignments.
City Council Memorandum
Public Communications
Additional 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, DECEMBER 12, 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.