AGENDA
TUESDAY, MAY 14, 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
BUDGET WORKSHOP - 1:30 p.m. - 3:30 p.m.
Recommendations:
(1) Receive a presentation regarding the Proposed Budget for Fiscal Year 2024-25; and (2) Provide feedback to the City Manager on the Proposed Budget or other direction as appropriate.
Budget Workshop Agenda Report
Chamber of Commerce Request
Additional Requests
City Treasurer Comment
Public Comment
CLOSED SESSION 3:30 p.m. - 5:00 p.m.
Public Comment can be provided at 3:30 p.m. on any item on the Closed Session agenda, in Council Chambers or at the teleconference location, then the Council will convene in Conference Room A for the Closed Session.
Closed Session Agenda
CLOSED SESSION ANNOUNCEMENT(S)
A Closed Session report shall be provided, as required pursuant to California Government Code Section 54950 et seq.
PRESENTATIONS
1. YEARS OF SERVICE RECOGNITION
Recommendation: Receive and file the report.
Agenda Report
2. PROCLAMATION FOR NATIONAL PUBLIC WORKS WEEK
Recommendation: Approve the Proclamation recognizing the week of May 19-25, 2024, as National Public Works Week in the City of Laguna Beach.
Proclamation
3. PROCLAMATION RECOGNIZING THE 55TH ANNUAL PROFESSIONAL MUNICIPAL CLERKS WEEK MAY 5 - MAY 11, 2024 Recommendation: Approve the Proclamation recognizing the 55th Annual Professional Municipal Clerks Week May 5 - May 11, 2024.
Proclamation
ADDITIONS and 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. Pursuant to California Government Code section 54953(b)(3), any member of the public wishing to address the legislative body directly pursuant to California Government Code section 54954.3 may do so at each teleconference location at the time the item is considered. Pursuant to California Government Code section 54953(b)(3), any member of the public wishing to address the legislative body directly pursuant to California Government Code section 54954.3 may do so at each teleconference location at the time the item is considered.
Public Comment
Additional Public Comment
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.
4. MINUTES OF THE CITY COUNCIL MEETINGS
Recommendation: It is recommended by the City Clerk that the City Council approve the minutes of the Joint Meeting of the City Council and Arts Commission and the Regular Meetings of the City Council of April 23, 2024.
Agenda Report
5. WARRANT LISTING
Warrants: $2,820,805.62 04/12/2024
$3,239,047.07 04/26/2024
$6,059,852.69
Payroll #21: $1,661,816.36 04/19/2024
Total $7,721,669.05
Recommendation: Approve the general warrants and payroll disbursements.
Agenda Report
6. AGREEMENT TO ACCEPT TWO ELECTRIC RIVIAN R1S VEHICLES FOR DEMONSTRATION PURPOSES Recommendations:
(1) Authorize the City Manager to execute a bailment agreement, and related documents, with Rivian, LLC to accept two 2023 R1S vehicles effective upon delivery until July 1, 2027, or a later date as mutually agreed upon; and (2) Appropriate $40,000 from the Vehicle Replacement Fund for the procurement of charging infrastructure, as well as two sets of emergency response gear, including radios, AV equipment, emergency light bars, medical and aquatic response apparatus.
Agenda Report
7. EXTEND THE TERM OF ENGAGEMENT WITH RUTAN & TUCKER, LLP TO PROVIDE SPECIAL COUNSEL LEGAL SERVICES FOR CONSULTING ON TWO PENDING CASES OF LITIGATION AND SUCH OTHER SERVICES AS MAY BE NEEDED Recommendation: Authorize the City Manager to execute an amendment to the engagement letter with Rutan & Tucker, LLP to extend the term of engagement for Rutan & Tucker, LLP to provide special counsel legal services for consulting on two pending cases of litigation and such other services as may be needed.
Agenda Report
8. ANNUAL MILITARY EQUIPMENT INVENTORY REPORT (AB 481)
Recommendation: Receive and file the attached Military Equipment Use by Law Enforcement Report as required by California Assembly Bill 481 Agenda Report
8A.
ACCEPT ARTWORK FOR MOSS POINT BEACH LIFEGUARD TOWER, CORRESPONDING BUDGET ADJUSTMENT Recommendations:
1. Approve and accept artwork ("Smooth Roll Blues") for the new Moss Point Beach enclosed lifeguard tower;
2. Amend the Fiscal Year 23-24 Budget by appropriating $5,000 to increase expenditures by the actual cost of the installation and wrap (to be refined but estimated to be up to $5,000) and increase estimated revenues by the same amount; and
3. Find that the project is exempt from the California Environmental Quality Act (CEQA).
Agenda 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. Pursuant to California Government Code section 54953(b)(3), any member of the public wishing to address the legislative body directly pursuant to California Government Code section 54954.3 may do so at each teleconference location at the time the item is considered.
9. PUBLIC HEARING FOR ANNUAL WEED ABATEMENT PROGRAM
Recommendations:
(1) Conduct a public hearing to hear protests regarding any noticed nuisance as established by Resolution No. 24.020; (2) Allow or overrule any protests based on facts or circumstances presented by protestors (Mayor Kempf, Councilmembers Orgill, Rounaghi, and Weiss to abstain if the protest concerns properties listed in the subsequent recommendations); (3) Direct the Fire Chief to abate all noticed nuisances established by Resolution No. 24.020, for properties #1-178, 180-221, 223, 224, 226-307, 309, 311-342, and 346-356, if not removed by May 24, 2024; (4) Direct the Fire Chief to abate all noticed nuisances established by Resolution No. 24.020 for Property #179 (APN #644-044-20) not removed by May 24, 2024 (Councilmember Orgill to abstain); (5) Direct the Fire Chief to abate all noticed nuisances established by Resolution No. 24.020, for Properties #222 & 225 (APN# 644-232-42 and 644-234-06) not removed by May 24, 2024 (Councilmember Weiss to abstain); (6) Direct the Fire Chief to abate all noticed nuisances established by Resolution No. 24.020, for Properties #308 & 310 (APN #656-053-17 and 656-053-27) not removed by May 24, 2024 (Mayor Kemp to abstain); (7) Direct the Fire Chief to abate all noticed nuisances established by Resolution No. 24.020, for Properties #343, 344 & 345 (APN #658-091-01, 358-091-05 and 658-091-06) not removed by May 24, 2024 (Councilmember Rounaghi to abstain); and (8) Find the abatement of public nuisances exempt from California Environmental Quality Act pursuant to State CEQA Guidelines section 15304.
Agenda Report
10. PUBLIC HEARING REGARDING THE ANNUAL SIDEWALK AND INTERSECTION VISIBILITY NUISANCE ABATEMENT PROGRAM Recommendations:
(1) Conduct a public hearing to hear protests regarding any noticed nuisance as established by Resolution No. 24.020; (2) Allow or overrule any protests based on facts or circumstances presented by protestors; (3) Direct the Director of Public Works & Utilities to abate all noticed nuisances established by Resolution No. 24.020, for Properties 1-24, if not removed by May 31, 2024; and (4) Find the abatement of public nuisances exempt from California Environmental Quality Act pursuant to State CEQA Guidelines section 15304.
Agenda Report
11. FIRST READING OF ORDINANCE UPDATING THE CITY’S CAMPAIGN CONTRIBUTION REGULATIONS Recommendation: It is recommended by City Clerk that the City Council introduce and conduct a first reading, proceed by title only, and waive further reading in full of an Ordinance titled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING CHAPTER 1.14 OF TITLE 1 (GENERAL PROVISIONS) OF THE LAGUNA BEACH MUNICIPAL CODE TO UPDATE THE CITY’S CAMPAIGN CONTRIBUTION REGULATIONS.” Agenda Report
12. LEASE AGREEMENT WITH THE GIRL SCOUTS FOR CITY-OWNED PROPERTY AT 190 HIGH DRIVE Recommendations:
(1) Authorize the City Manager to execute a lease agreement with the Girl Scouts of Orange County for the continued use of City-owned property at 190 High Drive; (2) Determine that the recommended action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Existing Facilities); and (3) Direct staff to file and post a Notice of Exemption consistent with the above-stated CEQA finding within five days of this approval.
Agenda Report
13. CONSIDERATION OF ISSUING LETTERS OF INTENT FOR PROPOSALS RESPONDING TO THE CITY’S LOCAL HOUSING TRUST FUND NOTICE OF FUNDING AVAILABILITY RELEASED ON APRIL 10, 2024 Recommendation: Authorize the City Manager to issue letters of intent to the following proposals that responded to the City’s Local Housing Trust Fund Notice of Funding Availability:
a.
West Development Ventures / Fullerton Development Partners for an amount not to exceed $3,000,000; and b.
Related California for an unknown amount.
Agenda Report (REVISED)
Public Comment
14. REASSIGNMENT AND EXTENSION OF THE ALICE COURT (450 GLENNEYRE) GROUND LEASE AND EXTENSION OF AFFORDABILITY TERM Recommendation: Approve and authorize the City Manager to execute the following documents, in substantially similar form to the versions attached to the agenda report, and subject to minor modifications by the City Manager or City Attorney:
a.
Second Amendment and Assignment and Assumption of Ground Lease; b.
Estoppel Certificate; and
c.
Regulatory Agreement and Declaration of Restrictive Covenants.
Agenda Report
15. DISCUSSION REGARDING CERTAIN ACTIVITIES ON SOUTH COUNTY BEACHES, INCLUDING PROPANE AND WOOD-BURNING FIRE PITS, SIGNAGE FOR NATURALLY OCCURRING HAZARDS, MARINE SAFETY OPERATIONS, AND PUBLIC WORKS MAINTENANCE OPERATIONS; INTRODUCE FIRST READING OF FIRE PIT ORDINANCE, AND FINDING SAID ACTION EXEMPT FROM CALIFORNIA ENVIRNMENTAL QUALITY ACT Recommendations:
(1) Receive presentations on certain activities on Aliso Beach, including Propane and Wood-Burning Fire Pits, Signage for Naturally Occurring Hazards, Marine Safety Operations, and Public Works Maintenance Operations; (2) Take the following actions with respect to Propane and Wood-Burning Fire Pits:
a.
Specify the number, up to seven (7), of wood-burning fire pits at Aliso Beach, identify the specific locations for each fire pit, and direct staff to install such fire pits as expeditiously as possible; b.
Consistent with the proposed Ordinance, direct staff to prepare and return at a future meeting with a City Council Resolution to memorialize the number and locations of the City-designated fire pits at Aliso Beach, and any additional fire pit operational restrictions on such City-designated fire pits; c.
Appropriate $20,000 from the South Laguna Fund for the purchase of the wood-burning fire pits; d.
Introduce by title only, and waive full reading of an Ordinance titled, " AN ORDINANCE OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING SECTION 18.04.065 OF CHAPTER 18.04 OF TITLE 18 AND SECTION 15.01 OF TITLE 15 OF THE LAGUNA BEACH MUNICIPAL CODE, RELATING TO USE OF FIRES; AND DETERMINING THE PROJECT TO BE CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15301, 15302, 15303, AND 15304"; (3) Take the following actions with respect to Marine Safety Operations: authorize City staff to extend the trial period for the skimboard area for an additional 12 months until June 1, 2025; and (4) Take the following actions with respect to Public Works Maintenance Operations:
a.
Appropriate $450,000 from the South Laguna Fund to support ongoing beach maintenance operations in South Laguna for FY 2023-24; and b.
Authorize the City Manager to amend Agreement #20-121 with Spectrum Facility Maintenance, in a form approved by the City Attorney, to increase the total annual contract amount by $580,000.
Agenda Report
Public Comment
Creek Rescue Video
16. APPLICATION TO REMOVE AND DE-LIST TWO TORREY PINE TREES LOCATED AT 465 HILLEDGE DRIVE AND 517 MYSTIC WAY FROM THE CITY’S HERITAGE TREE LIST; AND FINDING SAID ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Recommendation: Open the public hearing, receive testimony, close the public hearing, and by motion adopt a Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING HT 21-8424, REMOVING AND DE-LISTING TWO TORREY PINE TREES LOCATED AT 465 HILLEDGE DRIVE AND 517 MYSTIC WAY FROM THE CITY’S HERITAGE TREE LIST; AND FINDING SUCH ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.” Agenda 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.
APPEAL OF APPROVAL OF DESIGN REVIEW 23-0887 FOR ADDITIONS (NET 413 SQUARE FEET) INCLUDING UPPER LEVEL ADDITIONS AND ELEVATED DECK ADDITIONS, GRADING, RETAINING WALLS, SPA, EXTERIOR REMODEL, AND LANDSCAPING, VARIANCE 23-0888 TO EXCEED THE MAXIMUM BUILDING HEIGHT (LAGUNA BEACH MUNICIPAL CODE SECTIONS 25.10.008(D)(1) AND 25.51.010), AND REVOCABLE ENCROACHMENT PERMIT 23-0889 TO MAINTAIN SITE WALLS WITHIN THE PUBLIC RIGHT-OF-WAY AND CATEGORICAL EXEMPTION AT 1560 SUNSET RIDGE DRIVE IN THE R-1, RESIDENTIAL LOW DENSITY ZONE Recommendation: Open the public hearing, take public testimony, close the public hearing, and adopt a Resolution titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DENYING THE APPEAL AND SUSTAINING THE DESIGN REVIEW BOARD'S DECISION TO APPROVE DESIGN REVIEW 23-0887 FOR ADDITIONS (NET 413 SQUARE FEET), INCLUDING UPPER LEVEL ADDITIONS AND ELEVATED DECK ADDITIONS, GRADING, RETAINING WALLS, SPA, EXTERIOR REMODEL, AND LANDSCAPING, VARIANCE 23-0888 TO EXCEED THE MAXIMUM BUILDING HEIGHT (LAGUNA BEACH MUNICIPAL CODE SECTIONS 25.10.008(D)(1) AND 25.51.010), AND REVOCABLE ENCROACHMENT PERMIT 23-0889 TO MAINTAIN SITE WALLS WITHIN THE PUBLIC RIGHT-OF-WAY AND FINDING THE ACTION CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTION 15301".
Agenda Report
Public Comments
Applicant Team Comments
Appellant Team Comments
Revised Resolution
B.
APPEAL OF APPROVAL OF CONDITIONAL USE PERMIT 22-2480 TO INTRODUCE A TATTOO BODY ART SERVICE COMPONENT AT AN EXISTING ART GALLERY LOCATED AT 618 SOUTH COAST HIGHWAY (APN:644-036-29) IN THE C-1 (LOCAL BUSINESS DISTRICT) ZONE Recommendation: Open the public hearing, receive testimony, close the public hearing, and, by motion adopt a Resolution titled " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DENYING THE APPEAL AND SUSTAINING THE PLANNING COMMISSION'S DECISION TO APPROVE CONDITIONAL USE PERMIT 22-2480, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINGS SECTION 15301".
Agenda Report
2-13-2024 Appellant Comments
Appellant Additional Submittal
Public Comment
ADJOURNMENT TO THE CLOSED SESSION AT 4:00 P.M, AND
REGULAR CITY COUNCIL MEETING AT 5:00 P.M.,
TUESDAY, MAY 28, 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.