AGENDA
TUESDAY, DECEMBER 12, 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 December 11, 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 December 12, 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 December 12, 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. 2023 CHILDREN’S HOLIDAY PALETTES
Each of the selected artists/exhibitors will be recognized and congratulated by the Mayor.
2. RECOGNITION OF OUTGOING MAYOR AND SELECTION OF MAYOR AND MAYOR PRO TEM Recommendations: (1) Recognize the outgoing Mayor; (2) Select the Mayor; (3) Select the Mayor Pro Tem; and (4) Adjust the City Council seating.
Agenda Report
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.
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.
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 November 21, 2023.
Minutes
4. WARRANT LISTING
Warrants: $3,715,439.79 11/09/2023
$3,303,194.21 11/22/2023
Payroll #10: $1,623,984.39 11/17/2023
Total $8,642,618.39
Recommendation: Approve the general warrants and payroll disbursements.
Staff Report
5. CLAIMS AGAINST THE CITY
Recommendation: Reject claim #23-11 filed by South Coast Water District (“SCWD”).
Staff Report
6. CITY TREASURER’S MONTHLY INVESTMENT REPORT FOR OCTOBER 2023 Recommendation: It is recommended by the City Treasurer that the City Council receive and file the Monthly Investment Report for October 2023.
Staff Report
7. AWARD OF SERVICE PROVIDER AGREEMENT FOR FUEL MODIFICATION PROJECT MANAGEMENT Recommendations:
(1) Authorize the City Manager to execute a service provider agreement with Laguna Canyon Foundation for fuel modification project management services, commencing January 1, 2024, through December 31, 2024, for an amount not-to-exceed $326,800; and (2) Authorize the City Manager to extend the agreement for two additional one-year terms provided services are satisfactory.
Staff Report
Public Communications
8. LAGUNA BEACH TOURISM MARKETING DISTRICT ANNUAL REPORT Recommendation: Receive and approve the 2023 Laguna Beach Tourism Marketing District Annual Report.
Staff Report
9. AUTHORIZATION OF ANNUAL INVESTMENT POLICY, DELEGATION OF INVESTMENT AUTHORITY TO THE CITY TREASURER AND APPROVAL OF THE DEPUTY CITY TREASURER DESIGNEE WITH INVESTMENT AUTHORITY Recommendations: It is recommended by the City Treasurer that the City Council:
(1) Authorize the 2024 Investment Policy;
(2) Adopt the resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER”; and (3) Authorize the Deputy Treasurer, Victoria McIntosh, to complete the investment duties in the event that the City Treasurer is not available.
Staff Report
ACM Memo
City Treasurer Response to ACM Memo
10. RESOLUTION ADOPTING MEASURE M2 EXPENDITURE REPORT FOR FISCAL YEAR 2022-23 Recommendations:
(1) Adopt the Resolution titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, CONCERNING THE MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF LAGUNA BEACH," approving the Orange County Measure M2 Transportation Improvement Tax Expenditure Report for Fiscal Year 2022-23, as certified by the Director of Finance and Technology Services, subject to technical revisions in conformance with Orange County Transportation Authority (OCTA) guidelines; and (2) Authorize the Director of Finance and Technology Services to sign and submit the report to OCTA.
Staff Report
11. ADOPTION OF LOCAL HAZARD MITIGATION PLAN
Recommendation: Adopt the Resolution titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING THE CITY OF LAGUNA BEACH LOCAL HAZARD MITIGATION PLAN," as required by the Federal Emergency Management Agency.
Staff Report
12. REQUEST TO WITHDRAW AN APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF A NEW LAGUNA COLLEGE OF ART AND DESIGN STUDENT CENTER BUILDING AND TO REFUND APPEAL FEE Recommendation: Approve the appellant’s request to withdraw the appeal of the Planning Commission’s approval of Conditional Use Permit 23-0998, Design Review 23-0999, Coastal Development Permit 23-1000, and Mitigated Negative Declaration, and authorize a partial refund of the appeal filing fee in the amount of $1,305.
Staff Report
Public Communications
13. RENEWAL OF EMPLOYEE MEDICAL, DENTAL, AND ANCILLARY PLAN SERVICES Recommendation: Authorize the Interim City Manager to execute an agreement for Cigna Medical plan coverage, Delta Dental, VSP Vision, Cigna Employee Assistance Program (EAP), Cigna for Basic and Voluntary Life/AD&D and Disability plans for the period of January 1, 2024 through December 31, 2024.
Staff Report
14. REDUCTION OF TEMPORARY USE PERMIT FEES RELATED TO THE EXTENSION OF THE OUTDOOR DINING AND PARKLET PROGRAM Recommendation: Approve a reduction in temporary use permit fees related to the extension of the outdoor dining and parklet program from $1,672 to $382.
Staff Report
15. PURCHASE OF UNMARKED POLICE LIEUTENANT VEHICLE
Recommendations:
(1) Authorize the City Manager to purchase one 2023 Ford Explorer for $48,000, plus $23,000 for conversion costs to equip the vehicle with emergency lighting, sirens, computers, and radio communication capabilities for a total of $71,000; and (2) Appropriate $71,000 from the Vehicle Replacement Fund to purchase and convert the vehicle for emergency response.
Staff Report
16. OFFICE OF TRAFFIC SAFETY GRANT
Recommendation: Appropriate $190,000 with a matching increase in estimated grant revenue to fund overtime salaries, and to purchase equipment and supplies for various traffic safety programs.
Staff Report
17. BRIC GRANT APPLICATION AND FUNDING COMMITMENT
Recommendations:
(1) Authorize staff to submit a subapplication to CalOES for the Building Resilient Infrastructure and Communities grant for the undergrounding of overhead utility lines on Laguna Canyon Road; (2) Authorize the City Manager to execute a Match Commitment Letter for up to $15,000,000; (3) Direct staff to pursue additional matching funds from Southern California Edison for the undergrounding of overhead utility lines on Laguna Canyon Road; and (4) Direct staff to return to present strategies to fund the city’s matching requirement.
Staff Report
18. REVISIONS TO UNDERGROUND UTILITY ASSESSMENT DEFERMENT LOAN PROGRAM Recommendation: .Approve revisions to the Underground Utility Assessment Deferment Loan Program Guidelines and Tasks.
Staff Report
Corrected Paragraph in Agenda Report
Public Communications
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.
19. PUBLIC HEARING AND BALLOTING FOR PROPOSED UNDERGROUND UTILITY ASSESSMENT DISTRICT 2014-2 (WOODS COVE) Recommendations:
(1) Receive and file the proposed Undergrounding Utility Assessment District 2014-2 report; (2) Open the public hearing for public comments;
(3) Call for submittal of any final ballots, and close the public hearing; (4) Direct staff to proceed with tallying ballots in City Hall, Conference Room A, and invite the public to observe the tallying process; (5) Postpone the item until the ballot tally is complete and then resume the meeting on the item, asking staff to report the ballot results; and (6) Review the balloting results, and if the majority of weighted ballots are in favor of the proposed assessment district; then:
a.
Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOTING PROCEEDING, CONFIRMING ASSESSMENTS IN UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 2014-2, ORDERING THE PROPOSED IMPROVEMENTS TO BE MADE, TOGETHER WITH APPURTENANCES, APPROVING THE ENGINEER’S REPORT, AND DESIGNATING THE ASSISTANT CITY MANAGER/CHIEF FINANCIAL OFFICER OR THE CITY TREASURER TO COLLECT AND RECEIVE MONEY”; b.
Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AWARDING THE CONTRACT FOR CONSTRUCTION OF IMPROVEMENTS IN UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 2014-2 SUBJECT TO RECEIPT OF BOND PROCEEDS”, awarding a construction contract to Hot Line Construction in the amount not to exceed $9,247,568; c.
Contribute $1,578,117 for the General Benefit cost from the Street Lighting and Utility Fund of $1,180,000 and $398,117 from the Capital Improvement Fund prior to bonds being sold; d.
Contribute $1,179,500 as a public safety benefit of undergrounding portions of Glenneyre Street from the Wildfire Mitigation and Fire Safety Fund prior to bonds being sold; and e.
Authorize the City Manager to approve project related expenses and construction change orders for unforeseen circumstances for an amount not-to-exceed $1,291,258.
OR
(7) If there is not a majority of weighted ballots in favor of the proposed assessment district, then declare the proposed Underground Utility Assessment District 2014-2 (Woods Cove) abandoned for lack of majority support.
Staff Report
Public Communications
Additional Public Communications
20. CITY COUNCIL REPRESENTATION FOR VARIOUS REGIONAL ORGANIZATIONS, COMMITTEES, AND AD HOC SUBCOMMITTEES Recommendations:
(1) Review City Council appointments to various regional organizations and committees, and consider and make any changes to appointments, as desired; (2) Review the list of ad hoc subcommittees, and make adjustments, if needed; and (3) Consider adoption of a City Council Policy to provide additional clarification on the use and formation of ad hoc subcommittees, if deemed necessary.
Staff Report
21. ENVIRONMENTAL SUSTAINABILITY COMMITTEE 2024-2025 WORKPLAN Recommendation: Approve the Environmental Sustainability Committee’s proposed 2024-2025 Workplan.
Staff Report
Public Communications
22. INTRODUCTION TO THE DOWNTOWN SPECIFIC PLAN UPDATE PHASE II CHANGES Recommendation: Review the proposed Downtown Specific Plan Phase II amendments summarized in the agenda report and the outline, receive public input, and provide directions on the proposed amendments.
Staff Report
Public Communications
Additional Public Communications
23. UPGRADE OF PUBLIC SAFETY RECORDS MANAGEMENT SYSTEM
Recommendations:
(1) Authorize the City Manager to execute an agreement with Hexagon for $1,004,509 to upgrade the public safety department records management system; (2) Authorize the City Manager to execute an agreement with Hexagon for $94,200 to purchase a Mobile Field Reporting software add-on; and (3) Authorize the City Manager to utilize $150,000 of the IT Master Plan to fund unforeseen challenges during the implementation and public safety overtime for possible configuration, training, and implementation assistance.
Staff Report
COMMITTEE REQUEST
24. CONSIDERATION OF THE HOUSING AND HUMAN SERVICES COMMITTEE’S RECOMMENDATION TO ESTABLISH A LOCAL HOUSING TRUST FUND Recommendations:
(1) Review the Housing and Human Services Committee’s recommendation to determine if staff should conduct additional analysis and, if feasible, return with the appropriate document(s) to establish a Local Housing Trust Fund; (2) Reaffirm the City of Laguna Beach’s commitment and participation in the Orange County Housing Finance Trust; and (3) Provide additional feedback and direction to staff, if needed.
Staff Report
Public Communications
Additional Public Communications
PUBLIC HEARING FOR APPEAL
A.
APPEAL OF APPROVAL OF DESIGN REVIEW 23-1070, COASTAL DEVELOPMENT PERMIT 23-1069, AND MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND ASSOCIATED MITIGATION MONITORING PROGRAM OF A 7,584 SQUARE-FOOT THREE-STORY SINGLE-FAMILY DWELLING WITH AN ATTACHED THREE-CAR GARAGE AT 31451 COAST HIGHWAY IN THE R-1 (RESIDENTIAL LOW DENSITY) ZONE Recommendation: Adopt a Resolution denying the appeal, sustaining the Design Review Board's decision to approve the project, and modifying the Design Review Board's decision to include a more restrictive condition of approval, and adopting the Mitigated Negative Declaration and associated Mitigation Monitoring Program, as modified.
Agenda Report (without Attachment #10 - linked separately) Attachment 10 - Project Plans
Appellant Comments
Public Communications
Revised Resolution
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, JANUARY 9, 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.