AGENDA
TUESDAY, APRIL 9, 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
3. Online on YouTube: https://www.youtube.com/channel/UCQsj8cEM7IvTH6p4uf3NUzQ CLOSED SESSION 4:00 p.m. - 5:00 p.m.
Closed Session
CITY COUNCIL MEETING 5:00 p.m.
CLOSED SESSION ANNOUNCEMENT(S)
A Closed Session report shall be provided, as required pursuant to California Government Code Section 54950 et seq.
PRESENTATIONS - None.
The City Council shall from time to time recognize individuals and organizations and present awards or Certificates of Appreciation, or receive special presentations, as previously scheduled and described on the agenda cover sheet.
ADDITIONS or DELETIONS
As may be deemed necessary by the City Manager, agenda items may from time to time be deleted from the agenda; in such event, the City Manager shall endeavor to provide as much advance notice to the community as reasonably possible about the removal of such items. Agenda items may only be added in accordance with Government Code Section 54950 et seq.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS
The City Council shall consider Public Comments, of up to three 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.
MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS AND CITY MANAGER The City Council shall consider all oral and written communications from Council Members and the City Manager.
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 a Councilmember, the City staff, or a member of the public requests removal of an item from the Consent Calendar for separate discussion, and that person shall be identified and noted in the minutes for the item. Once any additions or removals are made, the City Council will vote to approve all items remaining on the Consent Calendar. Any item that was removed will be considered following the action on the Consent Calendar; each speaker shall have up to three minutes, and 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. WARRANT LISTING
Warrants: $3,139,110.90 03/15/2024
Payroll #19: $1,673,313.06 03/22/2024
Total $4,812,423.96
Recommendation: Approve the general warrants and payroll disbursements.
Staff Report
2. CITY TREASURER’S MONTHLY INVESTMENT REPORT FOR FEBRUARY 2024 Recommendation: It is recommended by City Treasurer that the City Council receive and file the Monthly Investment Report for February 2024.
Staff Report
3. CLAIMS AGAINST THE CITY
Recommendations:
(1) Reject claim #24-06 filed by Maxine Dobro; and
(2) Reject claim #24-10 filed by Dennis Upchurch.
Staff Report
4. ACCEPT A DONATION TO FUND A TEMPORARY PUBLIC ART INSTALLATION OUTSIDE CITY HALL Recommendations: It is recommended by the Arts Commission that the City Council (1) Accept a donation of $24,000 from Laguna Beach residents Mark Porterfield and Steve Chadima to fund a temporary public art installation; (2) Authorize the Mayor to sign a letter of appreciation to the donors (3) Appropriate $24,000 for the temporary installation “Epicenter” by Casey Parlette and increase donation revenue in the General Fund by the same amount; (4) Approve the temporary public art installation “Epicenter” outside City Hall; and (5) Find said action exempt from the California Environmental Quality Act.
Staff Report
5. ADOPTION OF ORDINANCE AMENDING CHAPTER 2.04 OF TITLE 2 OF THE LAGUNA BEACH MUNICIPAL CODE, TO MAKE CERTAIN REVISIONS RELATING TO THE CONDUCT AND ADMINISTRATION OF THE CITY COUNCIL, AND REPEALING ORDINANCE NO. 204 RELATING TO THE REGULATIONS FOR CONDUCTING THE ORDER OF BUSINESS AT CITY COUNCIL MEETING Recommendation: Adopt the Ordinance titled, “AN ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING CHAPTER 2.04 OF TITLE 2 OF THE LAGUNA BEACH MUNICIPAL CODE, AND REPEALING ORDINANCE NO. 204”.
Staff Report
REGULAR BUSINESS
This section 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 minutes for each agendized Regular Business item, 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.
6. APPOINTMENT OF CITY MANAGER AND APPROVAL OF EMPLOYMENT AGREEMENT FOR CITY MANAGER; AND FINDING SAID ACTION EXEMPT FROM CEQA Recommendation: Adopt the Resolution titled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, APPOINTING DAVE KIFF AS CITY MANAGER AND APPROVING THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LAGUNA BEACH AND DAVE KIFF; AND FINDING SUCH ACTION EXEMPT FROM CEQA,” and authorizing the Mayor to sign such agreement, and finding such action exempt from CEQA.
Staff Report
7. EXTENSION OF 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 Recommendations: Open the public hearing, consider the evidence presented, close the public hearing, and:
(1) Adopt the Ordinance titled “AN ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, FOR AN EXTENSION OF URGENCY ORDINANCE NO. 1693 OF THE CITYOF LAGUNA BEACH RE-CODIFYING CHAPTER 25.95 OF THE LAGUNA BEACH MUNICIPAL CODE REGULATING SINGLE FAMILY RESIDENTIAL ONE- AND TWO-UNTIL DEVELOPMENTS AND URBAN LOT SPLITS PURSUANT TO CALIFORNIA SENATE BILL 9”, to extend the City’s Urgency Ordinance No. 1693 for 22 months and 15 days, or until the City’s permanent ordinance is certified by the California Coastal Commission, which would allow additional time for the City to analyze the Housing and Community Development Department’s correspondence for the purpose of evaluating whether to revise the City’s permanent regulations and the California Coastal Commission to certify the City’s permanent regulations for Senate Bill 9 properties/projects; and (2) Find that said action is statutorily exempt from California Environmental Quality Act under California Government Code sections 65852.21, subdivision (j) and 66411.7, subdivision (n), whereby the adoption of an ordinance by a city to implement provisions of Government Code sections 66411.7 and 65852.21 and regulation Urban Lot Splits and Two-Unit Developments is statutorily exempt from the requirements of California Environmental Quality Act.
Staff Report
Public Comment
8. CITIZENS’ AUDIT REVIEW AND INVESTMENT ADVISORY COMMITTEE REPORT ON THE RESULTS OF THE FISCAL YEAR 2021-22 AUDIT Recommendations: The Citizens’ Audit Review and Investment Advisory Committee recommends that the City Council:
(1) Receive and file the Citizens’ Audit Review and Investment Advisory Committee Annual Report on the results of the audit for Fiscal Year 2021-22; and (2) Consider implementing the Committee’s recommendations.
Staff Report
City Treasurer Comment
9. CITIZENS’ AUDIT REVIEW AND INVESTMENT ADVISORY COMMITTEE RECOMMENDATION TO OUTSOURCE THE MANAGEMENT OF THE CITY’S INVESTMENT PORTFOLIO Recommendations: The Citizens’ Audit Review and Investment Advisory Committee recommends that the City Council:
(1) Receive a presentation from the Citizens’ Audit Review and Investment Advisory Committee summarizing the request for proposal procurement process (2) Approve a recommendation to retain Meeder Public Funds, Inc. to manage the City’s investment portfolio; and (3) If outsourcing of the management of City investments is approved, request staff to prepare a transition plan, including modifying roles and responsibilities as appropriate.
Staff Report
Comments
Revised Comparison Report from CFO
10. REQUEST TO REMOVE A PROPERTY FROM THE HISTORIC REGISTER AT 2055 CATALINA STREET Recommendation: It is recommended by the Heritage Committee that the City Council direct City staff to prepare a resolution denying the request to de-list the property at 2055 Catalina Street from the City’s Historic Register.
Staff Report
Letter from Applicant’s Agent
Public Comment
11. RESOLUTIONS AND APPROPRIATIONS RELATED TO SALE OF BONDS FOR UNDERGROUND UTILITY ASSESSMENT DISTRICT 2014-2 (WOODS COVE) Recommendations:
(1) Adopt the attached resolutions for Underground Utility Assessment District 2014-2 (Woods Cove) titled:
a.
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DETERMINING UNPAID ASSESSMENTS IN UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 2014-2 (WOODS COVE) AND THE MANNER OF PAYMENT THEREOF AND LISTING BONDS ISSUED ON THE SECURITY THEREOF;” b.
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AUTHORIZING THE ISSUANCE OF CITY OF LAGUNA BEACH UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 2014-2 (WOODS COVE) LIMITED OBLIGATION IMPROVEMENT BONDS, AWARDING THE SALE OF SUCH BONDS, APPROVING FISCAL AGENT AGREEMENT, OFFICIAL STATEMENT, BOND PURCHASE AGREEMENT, AND CONTINUING DISCLOSURE CERTIFICATE AND AUTHORIZING THE CITY MANAGER, OR ASSISTANT CITY MANAGER/CHIEF FINANCIAL OFFICER TO NEGOTIATE THE TERMS OF THE PURCHASE OF THE BONDS; (2) Approve the purchase of Underground Utility Assessment District 2014-2 (Woods Cove) public offering municipal serial bonds at a 25-year term with a true interest cost of 4.56%; (3) Authorize the use of the Utility Underground Assessment Deferment Loan Program for qualified applicants; (4) Determine if one applicant who does not meet the eligibility criteria can qualify for the Deferment Loan Program; (5) Appropriate $16,450,801 for construction and other related expenses within Underground Utility Assessment District 2014-2 (Woods Cove), increase revenues by the same amount, and authorize the City Manager to expend all appropriated funds; and (6) Authorize the City Manager to enter into necessary utility company agreements and make advance payments to the utility companies for their construction services for a total amount of $3,375,041.
Staff Report
12. CONSIDERATION TO ESTABLISH A LOCAL HOUSING TRUST FUND Recommendations:
(1) Adopt the Resolution titled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ESTABLISHING THE CITY OF LAGUNA BEACH LOCAL HOUSING TRUST FUND, ADOPTING THE UNIFORM MULTIFAMILY REGULATIONS, AUTHORIZING THE CITY MANAGER TO APPLY FOR AND EXECUTE AGREEMENTS FOR GRANTS RELATED TO THE LAGUNA BEACH LOCAL HOUSING TRUST FUND, AND AUTHORIZING THE CITY MANAGER TO ISSUE A NOTICE OF FUNDING AVAILABILITY OF EXISTING HOUSING IN-LIEU FUNDS AND HOUSING FUNDS AND ANTICIPATED LOCAL HOUSING TRUST FUNDS” to:
a.
Establish the Laguna Beach Local Housing Trust Fund;
b.
Adopt administrative guidelines;
c.
Adopt the Uniform Multifamily Regulations;
d.
Authorize the City Manager to apply for and execute agreements for grants related to the Laguna Beach Local Housing Trust Fund; (2) Authorize the City Manager to issue a Notice of Funding Availability of existing Housing In-Lieu Funds and Housing Funds, and of anticipated Local Housing Trust Fund funding; and (3) Direct staff to return to City Council on May 14, 2024, with results of the Notice of Funding Availability and a request to issue letters of intent. COUNCILMEMBER ITEM Staff Report
Public Comment
COUNCIL MEMBER ITEM
13. AMENDMENT OF DESIGN REVIEW BOARD BYLAWS REGARDING THE APPOINTMENT OF TEMPORARY ALTERNATES TO THE BOARD AND APPOINTMENTS OF TWO TEMPORARY ALTERNATE BOARD MEMBERS; AND FINDING SAID ACTION EXEMPT FROM CEQA (KEMPF) Recommendations:
(1) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING THE DESIGN REVIEW BOARD BYLAWS TO AUTHORIZE THE TEMPORARY APPOINTMENT OF BOARD MEMBER ALTERNATIVES; AND FINDING SUCH ACTION EXEMPT FROM CEQA”; and (2) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, APPOINTING TEMPORARY ALTERNATIVES TO THE DESIGN REVIEW BOARD; AND FINDING SUCH ACTION EXEMPT FROM CEQA”.
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.
WITHDRAWAL OF THE APPEAL OF DESIGN REVIEW BOARD’S APPROVAL OF DESIGN REVIEW 23-1278 AND COASTAL DEVELOPMENT PERMIT 23-1277 FOR A MAJOR REMODEL TO AN EXISTING SINGLE-FAMILY DWELLING, ELEVATED DECKS, AND LANDSCAPING AT 288 CHIQUITA STREET IN THE R-2 (RESIDENTIAL MEDIUM DENSITY) ZONE; AND FINDING ACTION EXEMPT PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15302 Recommendation: Open the public hearing, take public testimony, close the public hearing, and adopt the Resolution titled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AUTHORIZING TE WITHDRAWAL OF THE APPEAL OF DESIGN REVIEW BOARD'S APPROVAL OF DESIGN REVIEW 23-1278 AND COASTAL DEVELOPMENT PERMIT 23-1277 FOR A MAJOR REMODEL TO AN EXISTING SINGLE-FAMILY DWELLING, ELEVATED DECKS, AND LANDSCAPING AT 288 CHIQUITA STREET IN THE R-2 (RESIDENTIAL MEDIUM DENSITY) ZONE AND FINDING SUCH ACTION EXEMPT PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15302", authorizing the withdrawal of the appeal subject to imposing more restrictive conditions of approval and finding such action exempt pursuant to California Environmental Quality Act Guidelines Section 15302.
Staff Report
B.
APPEAL OF DESIGN REVIEW BOARD APPROVAL OF DESIGN REVIEW 23-0887, VARIANCE 23-0888, AND REVOCABLE ENCROACHMENT PERMIT 23-0889 FOR A 451 SQUARE FOOT UPPER LEVEL ADDITION, ELEVATED DECKS, GRADING, RETAINING WALLS, SPA, EXTERIOR REMODEL, AND LANDSCAPING, TO AN EXISTING TWO-STORY DWELLING AT 1560 SUNSET RIDGE DRIVE IN THE R-1 ZONE Recommendation: Open the public hearing, and continue the appeal of the Design Review Board's approval of Design Review 23-0887, Variance 23-0888, and Revocable Encroachment Permit 23-0889 at 1560 Sunset Ridge Drive.
Staff Report
COUNCIL MEMBER ITEM(S)
The City Council shall consider matters submitted by members of the City Council in accordance with Resolution No. 24.011, as it may be amended ADJOURNMENT TO THE CLOSED SESSION AT 4:00 P.M AND CITY COUNCIL REGULAR MEETING AT 5:00 P.M., TUESDAY, APRIL 23, 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.