AGENDA
TUESDAY, MAY 28, 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.
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
REGULAR CITY COUNCIL MEETING 5:00 p.m.
CITY COUNCIL MEETING 5:00 p.m.
A Closed Session report shall be provided, as required pursuant to California Government Code Section 54950 et seq.
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.
Public Comments
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.
1. MINUTES OF THE CITY COUNCIL MEETINGS
Recommendation: It is recommended by the City Clerk that the City Council approve the minutes of the Budget Workshop and Regular Meeting of the City Council of May 14, 2024.
Minutes
2. WARRANT LISTING
Warrants: $3,303,324.79 05/10/2024
Payroll #20: $1,701,904.30 05/03/2024
Total $5,005,229.09
Recommendation: Approve the general warrants and payroll disbursements.
Staff Report
3. CITY TREASURER’S MONTHLY INVESTMENT REPORT FOR MARCH 2024 Recommendation: It is recommended by the City Treasurer that the City Council receive and file the Monthly Investment Report for March 2024.
Staff Report
4. AWARD SERVICE PROVIDER AGREEMENT FOR PARKING METER OPERATIONS AND TRANSACTION PROCESSING AND FIND ACTION EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT Recommendations:
(1) Authorize the City Manager to enter into a five-year service provider agreement with IPS Group, Inc. for a not-to-exceed amount of $1,490,000 for parking meter operations and transaction processing, with the option to extend for an additional one-year period; and (2) Find this action exempt from the California Environmental Quality Act.
Staff Report
5. APPROVAL OF 7-YEAR CAPITAL IMPROVEMENT PROGRAM FOR TRANSPORTATION-RELATED EXPENDITURES AND RESOLUTION CONFIRMING PAVEMENT MANAGEMENT PLAN FOR MEASURE M FUNDING ELIGIBILITY Recommendations:
(1) Approve the 7-Year Capital Improvement Program for transportation and transit improvement projects required for Measure M eligibility; and (2) Adopt the Resolution titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, CONCERNING THE STATUS AND UPDATE OF THE PAVEMENT MANAGEMENT PLAN FOR THE MEASURE M2 PROGRAM FOR THE CITY OF LAGUNA BEACH." Staff Report
6. RESOLUTION APPROVING SENATE BILL 1 ROAD MAINTENANCE, STREET MAINTENANCE, REHABILITATION, AND SAFETY PROJECTS FOR FISCAL YEAR 2024-25 Recommendation: Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.” Staff Report
7. ADOPTION OF ORDINANCE 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 Recommendations:
(1) Waive second reading and adopt by title only 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 15.01.030 OF CHAPTER 15.01 OF TITLE 15 OF THE LAGUNA BEACH MUNICIPAL CODE, RELATING TO USE OF FIRES; AND DETERMINING THE PROJECT TO BE CATEGORICALLYT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15301, 15302, 15303, AND 15304;” and (2) Adopt the Resolution titled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ESTABLISHING THE LOCATION AND NUMBER OF CITY-DESIGNATED FIRE PITS, IN ACCORDANCE WITH ORDINANCE NO. XXXX, AND FINDING SUCH ACTION CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.” Staff Report
8. ADOPTION OF ORDINANCE UPDATING THE CITY’S CAMPAIGN CONTRIBUTION REGULATIONS Recommendation: It is recommended by City Clerk that the City Council waive second reading and adopt by title only 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.” Staff Report
9. AWARD OF THREE CONSTRUCTION CONTRACTS FOR THE PARK AVENUE UTILITY UNDERGROUND DISTRICT (UUD 2021-02) – PRIVATE CONVERSIONS PROJECT, AND AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FRONTIER COMMUNICATIONS FOR UTILITY CONSTRUCTION SERVICES AND TO PAY FRONTIER PROJECT COSTS Recommendations:
(1) Award and authorize the City Manager to execute a contract with Bid Balboa Electric, in the amount of $80,025 for certain segments of the Park Avenue Utility Underground District (UUD 2021-02) - Private Conversions Project; (2) Award and authorize the City Manager to execute a contract with Contorelli Development, in the amount of $114,510 for certain segments of the Park Avenue Utility Underground District (UUD 2021-02) - Private Conversions Project; (3) Award and authorize the City Manager to execute a contract with JPT Construction, Inc., in the amount of $94,210 for certain segments of the Park Avenue Utility Underground District (UUD 2021-02) - Private Conversions Project; (4) Authorize the City Manager to approve project-related expenses and potential construction change orders for unforeseen circumstances in an amount not to exceed $45,000 for the Park Avenue Utility Underground District (UUD 2021-02) - Private Conversions Project; and (5) Authorize the City Manager to enter into an agreement and make a payment to Frontier Communications for their construction services in a total amount of $105,830.
Staff Report
10. AWARD OF CONSTRUCTION CONTRACT FOR ZONE 3 COLLECTORS PAVEMENT REHABILITATION (PARK AVENUE, GLENNEYRE STREET, AND THALIA STREET) Recommendations:
(1) Authorize the City Manager to accept a $200,000 grant from the State Coronavirus Response and Relief Supplemental Appropriations Act Program funds; (2) Appropriate $200,000 from the Gas Tax Fund towards the project, acknowledging the grant with a corresponding increase in the estimated grant revenue; (3) Award and authorize the City Manager to execute a contract with R.J. Noble Company, in the amount of $1,775,981, for the Zone 3 Collectors Pavement Rehabilitation project subject to adoption of the budget for Fiscal Year 2024-2025; (4) Award and authorize the City Manager to issue a task order to Dudek, in the amount of $104,750, to provide construction management and inspection services; and (5) Authorize the City Manager to approve project-related expenses and construction change orders for unforeseen circumstances in an amount not to exceed $180,000.
Staff Report
11. RATIFICATION OF AGREEMENT FOR FOURTH OF JULY DRONE LIGHT SHOW AND FINDING THE ACTION EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT Recommendations:
(1) Find the action exempt from California Environmental Quality Act pursuant to State CEQA Guidelines Section 15304; and (2) Ratify service agreement #24-22 with Open Sky Drone Light Shows for the purpose of filing a Notice of Exemption with the County Recorder’s Office and State Clearinghouse.
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.
12. REQUEST TO REMOVE A PROPERTY FROM THE HISTORIC REGISTER AT 2055 CATALINA STREET 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, APPROVING THE APPLICATION TO REMOVE THE PROPERTY AT 2055 CATALINA STREET FROM THE LOCAL HISTORIC REGISTER; AND FINDING SUCH ACTION IS NOT A PROJECT UNDER PUBLIC RESOURCES CODE SECTION 21065, OR IN THE ALTERNATIVE, IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES SECTION 15061(b)(3).” Staff Report
Public Comments
Additional Public Comments
13. AMENDMENTS TO HOUSING ELEMENT OF GENERAL PLAN, LAND USE ELEMENT OF GENERAL PLAN AND LOCAL COASTAL PROGRAM, TITLE 1 (GENERAL PROVISIONS) OF MUNICIPAL CODE, AND TITLE 25 (ZONING) OF MUNICIPAL CODE AND LOCAL COASTAL PROGRAM; AND DETERMINING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 Recommendations:
(1) Adopt a Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT 23-1350 TO AMEND THE SIXTH CYCLE (2021-2019) HOUSING ELEMENT OF THE CITY’S GENERAL PLAN; AND DETERMINING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166”; (2) Adopt a Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT 23-1350 AND LOCAL COASTAL PROGRAM AMENDMENT 23-1251 TO AMEND THE LAND USE ELEMENT; REQUESTING SUCH LOCAL COASTAL PROGRAM AMENDMENT CERTIFICATION BY THE COASTAL COMMISSION; AND DETERMINING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166”; (3) Waive full reading and introduce for first reading by title only an Ordinance titled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING CHAPTER 1.09 (ART IN PUBLIC PLACES) OF THE LAGUNA BEACH MUNICIPAL CODE AND DETERMINING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166”; (4) Waive full reading and introduce for first reading by title only an Ordinance titled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING CERTAIN PORTIONS OF TITLE 25 OF THE LAGUNA BEACH MUNICIPAL CODE AND THE CITY’S LOCAL COASTAL PROGRAM; AND DETERMINING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166”; and (5) If an Interim Land Use Ordinance is desired, direct staff to prepare the Ordinance with findings to support the urgency and return with the item for a noticed public hearing at a future City Council meeting.
Staff Report
Public Comment
14. CITY COUNCIL OPTIONS FOR QUALIFIED REFERENDUM FOR LAGUNA BEACH ORDINANCE NO. 1675, RELATING TO BUILDING HEIGHT, MASS, BULK AND PARKING WITHIN THE COMMERCIAL DISTRICTS Recommendation: Provide direction, per Elections Code section 9241, to do one of the following:
(1) Direct staff to return with an ordinance, and take all steps necessary, to repeal Ordinance No. 1675, an Ordinance of the City of Laguna Beach, California, amending Laguna Beach Municipal Code Sections 25.05.040, 25.05.025 and 25.51.010, relating to Building Height, Mass, Bulk and Parking within the Commercial Districts, and find that the repeal is exempt from CEQA pursuant to State CEQA Guidelines section 15270(a); or (2) Direct staff to return with the requisite election resolutions, and take all steps necessary, to submit Ordinance No. 1675 to the voters at the November 5, 2024, regular municipal election, and find that this action is not a project subject to CEQA under State CEQA Guidelines section 15378(b)(3).
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.
APPEAL OF APPROVAL OF DESIGN REVIEW 22-2022 AND COASTAL DEVELOPMENT PERMIT 22-2021 FOR A NEW SINGLE-FAMILY HOME LOCATED AT 32051 COAST HIGHWAY AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Recommendation: Open the public hearing, and continue the appeal hearing to a later date to allow staff time to address the contentions in appeal of the Design Review Board’s approval of Design Review 22-2022 and Coastal Development Permit 22-2021 located at 32051 Coast Highway to June 11, 2024.
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 INTERVIEWS AND APPOINTMENTS AT 3:00 P.M., CLOSED SESSION AT 4:00 P.M, AND CITY COUNCIL MEETING AT 5:00 P.M., TUESDAY, JUNE 11, 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.