AGENDA
TUESDAY, FEBRUARY 27, 2024
REGULAR MEETING - 5:00 p.m.
Council Chambers, 505 Forest Ave., Laguna Beach, CA
Public Participation: You may submit comments in person on any agenda item or any item not on the agenda. You may also submit written comments on any agenda item or on any item not on the agenda 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. In order to allow sufficient time for members of the City Council and staff to review and consider your written comments, written comments will be accepted for consideration up until the close of business (i.e., 5:30 p.m.) on the business day before the date on which this public meeting is scheduled. 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.
Courtesy Virtual Broadcast: Please take notice that the City also plans to broadcast the meeting via the below listed mediums. These virtual broadcast mediums are also provided as a courtesy only and are not guaranteed to be technically feasible or uninterrupted. Thus, in order to guarantee live-time viewing, members of the public are encouraged to attend in person.
1. Online on the City of Laguna website: www.lagunabeachcity.net/meetings
2. Cox cable channel 852
CLOSED SESSION 4:00 p.m. - 5:00 p.m.
Closed Session
CITY COUNCIL MEETING 5:00 p.m.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS
The City Council shall consider Public Comments, of up to three (3) minutes each as determined by the Mayor and for a total of 45 minutes, from the audience concerning items not appearing on the agenda. Public comments beyond 45 minutes shall be reconvened at the conclusion of public hearings. In accordance with the provisions of the Brown Act (Government Code Section 54950 et seq.), no action or discussion may take place by the Council on any item not on the posted agenda. Speaker cards may be used by the City Clerk's Office for the orderly conduct of the meeting; those not completing speaker cards may speak after those who completed speaker cards.
Public Comments
MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS AND CITY MANAGER 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
All matters listed under Consent Calendar are considered by the City Manager to be routine and will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items to be removed from the Consent Calendar for separate discussion. Prior to the removal of specific items by City Council Members, any member of the public may address the City Council on items on the Consent Calendar. Each speaker shall have up to three (3) minutes for the Consent Calendar, as may be shortened or extended, or a cumulative limit on the time for all public speakers may be imposed, at the discretion of the Mayor.
1. 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 January 23, 2024.
Minutes
2. WARRANT LISTING
Warrants: $3,700,570.26 01/19/2024
$3,885,086.04 02/02/2024
$7,585,656.30
Payroll #14: $1,597,651.73 01/12/2024
Payroll #15: $1,607,106.64 01/26/2024
Payroll #16: $1,737,622.50 02/08/2024
$4,942,380.87
Total $12,528,037.17
Recommendation: Approve the general warrants and payroll disbursements.
Staff Report
3. CITY TREASURER’S MONTHLY INVESTMENT REPORT FOR DECEMBER 2023 Recommendation: It is recommended by the City Treasurer that the City Council receive and file the Monthly Investment Report for December 2023.
Staff Report
4. CLAIMS AGAINST THE CITY
Recommendations:
(1) Reject claim #22-50 filed by 283 Broadway LLC; and
(2) Reject claim #23-38 filed by Maria Buitrago.
Staff Report
5. SERVICE PROVIDER AGREEMENT FOR ARMED SECURITY SERVICES Recommendation: Authorize the City Manager to enter into a security services agreement with Lyons Security Service, Inc., for $369,528 to provide armed security services at Main Beach, Main Beach Park, Heisler Park, Forest Avenue Promenade, Aliso Beach, Camel Point Beach, West Street Beach, Table Rock Beach, and Thousand Steps Beach.
Staff Report
Public Comments
Additional Public Comments
6. ANNUAL UPDATE OF THE CITY’S RECORDS RETENTION SCHEDULE Recommendation: It is recommended by the City Clerk that the City Council adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, UPDATING THE CITY’S RECORDS RETENTION SCHEDULE.” Staff Report
Public Comment
7. CONSIDERATION OF CITY COUNCIL MEETING AGENDA ORDER OF BUSINESS Recommendation: Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, REVISING CITY COUNCIL MEETING ORDER OF BUSINESS PURSUANT TO MUNICIPAL CODE SECTION 2.04.020”.
Staff Report
Public Comments
Clarification re Speaker Cards
8. CONSIDERATION OF CITY COUNCIL POLICY UPDATING PROCEDURES FOR COUNCILMEMBER PLACEMENT OF ITEMS ON CITY COUNCIL AGENDA Recommendation: Adopt the Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ESTABLISHING A POLICY RELATING TO COUNCILMEMBER PLACEMENT OF AGENDA ITEMS FOR CITY COUNCIL MEETINGS AND REPEALING RESOLUTION NO. 22.066”.
Staff Report
9. CONSIDERATION OF CITY COUNCIL POLICY ESTABLISHING FORM OF MEETING MINUTES Recommendation: Adopt the proposed policy concerning the format of minutes of City Council meetings and the continued retention and posting of complete videos of City Council meetings.
Staff Report
Public Comments
Additional Public Comment
Staff Response to Comments
10. CONSIDERATION OF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ESTABLISHING THE TIME AND LOCATION FOR REGULAR COUNCIL MEETINGS Recommendation: Adopt the Resolution titled, “RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ESTABLISHING THE TIME AND LOCATION FOR REGULAR COUNCIL MEETINGS.” Staff Report
Public Comment
Additional Public Comments
11. AWARD OF CONTRACT FOR THE CITYWIDE SAFETY ACTION PLAN Recommendations:
(1) Authorize the City Manager to accept a $200,000 Safe Streets and Roads for All (SS4A) grant from the U.S. Department of Transportation Federal Highway Administration (FHWA) for the preparation of a Citywide Safety Action Plan; (2) Appropriate the grant award of $200,000 for the preparation of a Citywide Safety Action Plan with a matching increase in estimated grant revenue; (3) Appropriate $68,068 from available fund balance in the Capital Improvement Fund for the City’s contribution (4) Authorize the City Manager to execute a Consultant Services Agreement with Fehr & Peers in the amount of $248,068 for the preparation of a Citywide Safety Action Plan; (5) Authorize the City Manager to approve a contingency amount not to exceed $20,000 for change orders or additional services that may be required; and (6) Find the action exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15262.
Staff Report
12. AMENDMENT TO LEASE AGREEMENT WITH 10TH HOLE ASSOCIATES TO ALLOW FOR THE SALE OF DISTILLED SPIRITS AT THE LOST PIER RESTAURANT Recommendation: Approve the amendment to the lease agreement allowing the sale of distilled spirits at the Lost Pier Restaurant as requested by 10th Hole Associates, Inc Staff Report
Public Comment
13. ACCEPTANCE OF DONATION TO RECONSTRUCT DECORATIVE STONE PLANTERS AND REFINISH MAIN ENTRANCE DOORS AT CITY HALL Recommendations:
(1) Accept the donation of materials and services from Gregg Abel valued at $5,300 to reconstruct decorative stone planters and refinish front entrance doors at City Hall; (2) Determine that the recommended action is exempt from the California Environmental Quality Act (CEQA) according to State CEQA Guidelines section 15302 (Class 2) categorical exemption; (3) Direct staff to file and post a Notice of Exemption consistent with the above-stated CEQA finding within five days of this approval; and (4) Authorize the Mayor to send a letter of appreciation to Gregg Abel.
Staff Report
14. RESOLUTION AMENDING THE APPENDIX OF DESIGNATED EMPLOYEES WITH FILING RESPONSIBILITIES UNDER THE CITY’S CONFLICT OF INTEREST CODE Recommendation: It is recommended by the City Clerk that the City Council adopt the Resolution amending the Conflict of Interest Code Appendix of Designated Employees.
Staff Report
15. PROMENADE ON FOREST AD HOC COMMITTEE
Recommendations:
(1) Appoint Mayor Sue Kempf and Councilmember Mark Orgill as a City Council Ad Hoc Committee for the Promenade on Forest project, which will conclude following project completion; (2) Direct the Ad Hoc Committee to work with City staff and the consultant to identify the scope and constraints and determine the process to move forward; (3) Conclude the work of the Planning Commission Promenade Ad Hoc Committee and thank the Planning Commission Ad Hoc ; and (4) Direct the City Council Ad Hoc Committee to return to the City Council within 90 days to provide a project update.
Staff Report
2-13-2024 Public Communications
Public Comments
Additional Public Comments
Revised Recommendation #2
16. TOLLING AGREEMENT RE ENTITLEMENTS FOR SINGLE FAMILY DWELLING AT 22350 3RD AVENUE Recommendation: Authorize the Mayor to execute the Tolling Agreement for the entitlements issued for 22350 3rd Avenue, attached to the agenda report as Attachment 1, on behalf of the City of Laguna Beach.
Staff Report
Public Comment
REGULAR ORDER
The Regular Order of Business section of the Agenda is for a wide variety of matters such as consideration of ordinances for introduction, resolutions, extraordinary policy and business matters, staff reports and recommendations. Any member of the public may address the City Council on any item of Regular Business. Each speaker shall have up to three (3) minutes for the Regular Business items, as may be shortened or extended, or a cumulative limit on the time for all public speakers may be imposed, at the discretion of the Mayor.
17. CONSIDERATION OF UPDATED PUBLIC ART PROGRAM POLICY AND FINDING ACTION EXEMPT FROM CEQA Recommendations: It is recommended by the Arts Commission that the City Council:
(1) Receive a presentation by the Cultural Planning Group regarding the updated Public Art Program Policy; (2) Provide input on the draft Public Art Program Policy; (3) Direct staff to return with a draft ordinance that would align with the changes outlined in the Public Art Program; and (4) Find said action exempt from the California Environmental Quality Act (CEQA).
Staff Report
Public Comments
Additional Public Comment
18. AWARD OF CONTRACT FOR PARK, PLAYGROUND, AND RECREATION MASTER PLAN Recommendations:
(1) Authorize the City Manager to execute a consultant services agreement with Community Works Design Group, LLC in the amount of $356,427 to prepare the Park, Playground, and Recreation Master Plan; (2) Authorize the City Manager to approve change orders for additional services that may be required in an amount not to exceed $36,000; (3) Transfer $100,500 in project savings from the Bluebird Canyon Drive Evacuation Route Widening to the Citywide Park, Playground, and Recreation Master Plan Study to bring the total project budget to $392,900; and (4) Terminate Agreement no. 23-120 with Community Works Design Group LLC for the Playground Master Plan.
Staff Report
19. URGENCY ORDINANCE AND ZONING ORDINANCE AMENDMENT 22-1548 (LOCAL COASTAL PROGRAM AMENDMENT 22-1630, AS MODIFIED BY THE COASTAL COMMISSION) REGARDING SINGLE-FAMILY RESIDENTIAL ONE- AND TWO-UNIT DEVELOPMENTS AND URBAN LOT SPLITS PURSUANT TO CALIFORNIA SENATE BILL 9 Recommendations:
(1) Waive full reading and adopt by title only an urgency Ordinance entitled, “AN URGENCY ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, RE-CODIFYING CHAPTER 25.95 OF THE LAGUNA BEACH MUNICIPAL CODE REGULATING SINGLE FAMILY RESIDENTIAL ONE- AND TWO-UNIT DEVELOPMENTS AND URBAN LOT SPLITS PURSUANT TO CALIFORNIA SENATE BILL 9 (SB 9)”; (2) Waive full reading and introduce for first reading by title only an Ordinance entitled, “AN ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ADDING CHAPTER 25.95 TO THE LAGUNA BEACH MUNICIPAL CODE REGULATING SINGLE FAMILY RESIDENTIAL ONE- AND TWO-UNIT DEVELOPMENTS AND URBAN LOT SPLITS PURSUANT TO CALIFORNIA SENATE BILL 9 (SB 9), AS MODIFIED BY THE CALIFORNIA COASTAL COMMISSION, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT”; and (3) Direct staff to prepare and bring back a resolution for the next City Council meeting that acknowledges receipt of the Coastal Commission’s suggested modifications to Local Coastal Permit Amendment 22-1630 and requests Coastal Commission certification of Local Coastal Permit Amendment 22-1630 as modified.
Staff Report
Public Comment
20. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING CERTAIN PORTIONS OF TITLES 1 & 25 OF THE LAGUNA BEACH MUNICIPAL CODE AND DETERMINING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 Recommendation: Introduce the Ordinance that amends certain portions of Titles 1 & 25 of the Laguna Beach Municipal Code and determines that no further environmental review is required pursuant to Public Resources Code section 21166 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
21. 2024 COMMUNITY SURVEY
Recommendations:
(1) Direct the City Manager to prepare a community survey; (2) Appoint a City Council ad hoc committee to collaborate with city staff and the consultant to help finalize the survey objectives and survey instrument before its release; and (3) Provide direction to staff and the ad hoc committee regarding topics and revenue enhancements to be included in the survey.
Staff Report
PUBLIC HEARINGS
The City Council shall conduct all Public Hearings in accordance with the provisions of applicable Laguna Beach procedure and State law. Any member of the public may address the City Council on any Public Hearing item. The Mayor shall have discretion to establish the time allocated for the appellant, the applicant, and any speakers in support or against, respectively.
A.
CONTINUATION OF PUBLIC HEARING FOR APPEAL OF APPROVAL OF DESIGN REVIEW 22-1027 FOR A 253-SQUARE FOOT ADDITION TO AN EXISTING TWO-STORY DWELLING, HARDSCAPING, AND LANDSCAPING, AND REVOCABLE ENCROACHMENT PERMIT 22-1782 FOR CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS WITHIN THE PUBLIC RIGHT OF WAY AT 31616 SECOND AVENUE IN THE VILLAGE COMMUNITY ZONE Recommendations:
(1) Open the public hearing; and
(2) Continue the Appeal of the Design Review Board’s approval of Design Review 22-1027 and Revocable Encroachment Permit 22-1782 at 31616 Second Avenue to March 26, 2024. ADJOURNMENT TO THE SPECIAL CLOSED SESSION AT 4:00 P.M, AND SPECIAL CITY COUNCIL MEETING AT 5:00 P.M.,
TUESDAY, FEBRUARY 29, 2024
Staff Report
ADJOURNMENT TO THE SPECIAL CLOSED SESSION AT 4:00 P.M,
AND CITY COUNCIL SPECIAL MEETING AT 5:00 P.M.,
TUESDAY, FEBRUARY 29, 2024
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.