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Agenda, closed session

Laguna Beach City Council
June 11, 2024

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Agenda, closed session
Meeting
June 11, 2024
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Laguna Beach City Council
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Text extracted from the city's file for reading and search. Open the original on lagunabeachcity.granicus.com. That file is the official record.

AGENDA
TUESDAY, JUNE 11, 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 INTERVIEWS AND APPOINTMENTS - 3:00 p.m. to 4:00 p.m.

1. INTERVIEWS AND APPOINTMENTS TO THE EMERGENCY/DISASTER PREPAREDNESS COMMITTEE Recommendations: It is recommended by the City Clerk that the City Council:
(1) Reduce the Emergency/Disaster Preparedness Committee (EDPC) from eight members and one alternate to seven members; (2) Appoint current EDPC Alternate Shelly Bennecke to a two-year term as a full member, with term ending June 30, 2026; and (3) Interview the two applicants and appoint two members to the Emergency/Disaster Preparedness Committee for two-year terms, beginning July 1, 2024, through June 30, 2026.

Agenda Report

2. INTERVIEWS AND APPOINTMENTS TO THE HOUSING AND HUMAN SERVICES COMMITTEE Recommendations: It is recommended by the City Clerk that the City Council:
(1) Reduce the Housing and Human Services Committee from nine members and two alternates to seven members; and (2) Interview the six applicants and appoint two members to the Housing and Human Services Committee for terms effective immediately, through June 30, 2025, and four members for two-year terms, beginning July 1, 2024, through June 30, 2026.

Agenda Report

3. INTERVIEWS AND APPOINTMENTS TO THE AUDIT REVIEW & INVESTMENT ADVISORY COMMITTEE Recommendation: It is recommended by the City Clerk that the City Council interview the four applicants and appoint two members to the Audit Review & Investment Advisory Committee for two-year terms, beginning July 1, 2024, through June 30, 2026.

Agenda Report

4. INTERVIEWS AND APPOINTMENTS TO THE ENVIRONMENTAL SUSTAINABILITY COMMITTEE Recommendation: It is recommended by the City Clerk that the City Council interview the five applicants and appoint one resident to the Environmental Sustainability Committee for a two-year term effective immediately, through March 31, 2026.

Agenda Report
Public Comment
THERE WILL BE A 60-MINUTE BREAK WHILE THE CITY COUNCIL HOLDS ITS CLOSED SESSION MEETING 4:00 p.m. - 5:00 p.m.

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.

CLOSED SESSION ANNOUNCEMENT(S)
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. 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 Comments
Additional Public Comment
City Treasurer Comments

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 Regular Meeting of the City Council of May 28, 2024.

Minutes

2. WARRANT LISTING
Warrants: $4,617,154.95  05/24/2024

Payroll #23:        $1,645,927.52    05/17/2024

Total              $6,263,082.47
Recommendation: Approve the general warrants and payroll disbursements.

Staff Report

3. AWARD OF CONTRACT FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR UNDERGROUND UTILITY ASSESSMENT DISTRICT 2014-2 (WOODS COVE) Recommendation: Authorize the City Manager to execute a contract with Anser Advisory Management, LLC in the amount of $827,642 for construction management and inspection services for Underground Utility Assessment District 2014-2 (Woods Cove).

Staff Report

4. REJECT BIDS FOR GLENNEYRE PARKING STRUCTURE REHABILITATION Recommendation: Reject all bids for the Glenneyre Parking Structure Rehabilitation and direct staff to rebid the project.

Staff Report

5. CALLING OF THE GENERAL MUNICIPAL ELECTION TO ELECT MUNICIPAL OFFICERS, ADOPTING REGULATIONS FOR CANDIDATES’ STATEMENTS, AND REQUESTING CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 5, 2024 Recommendations: It is recommended by City Clerk that the City Council:
(1) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN OFFICERS, AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES,” calling and giving notice of the election to elect two members of the City Council, one City Clerk, and one City Treasurer, each for the full term of four years; (2) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES’ STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024”; and (3) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE, PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE” which administratively consolidates the municipal election with the statewide General Election and submits to the voters three initiative measures Staff Report

6. SERVICE AGREEMENT FOR REPLACEMENT OF FIRE DEPARTMENT VHF RADIOS Recommendation: Authorize the City Manager, or his designee, to enter into a cooperative agreement to purchase 47 very high frequency portable radios from Cross Connections Emergency Services for an amount not to exceed $100,000.

Staff Report

7. 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 the 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 the 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 the second reading and adopt 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”; and (4) Waive the second reading and adopt 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.” Staff Report
REVISED Attachment 1

8. FIRST READING OF AN ORDINANCE AMENDING LAGUNA BEACH MUNICIPAL CODES PERTAINING TO REGULATION OF SOLID WASTE FEES Recommendations:
(1) 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 PORTIONS OF CHAPTER 7.18 OF TITLE 7 (HEALTH AND SANITATION) OF THE LAGUNA BEACH MUNICIPAL CODE PERTAINING TO THE REGULATION OF SOLID WASTE FEES” Amending Title 7, Chapter 7.18 of the City of Laguna Beach Municipal Code pertaining to the regulation of solid waste fees; and (2) Direct staff to return with the Ordinance for a second reading at the June 25, 2024, Regular City Council meeting.

Staff Report

9. POTENTIAL UTILITY UNDERGROUNDING ALONG COUNTRY CLUB DRIVE Recommendation: Direct staff to coordinate with The Ranch at Laguna Beach, South Coast Water District (SCWD), San Diego Gas and Electric (SDG&E), and Southern California Edison (SCE) to investigate feasibility and to identify roles and responsibilities to underground the overhead utility lines along Country Club Drive.

Staff Report

10. REJECT BIDS FOR THE PARK AVENUE BICYCLE LANE IMPROVEMENTS Recommendation: Reject all bids and direct staff to amend Coastal Development Permit 23-2226 to exclude the condition to install green paint along the entire length of the bike lanes due to the cost significantly exceeding the budget, and direct staff to rebid the project.

Staff Report
Public Comments
Staff Comment
Supplemental 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.

11. 2024 SURVEY RESULTS
Recommendations:
(1) Receive a presentation on the results of the 2024 Survey from Probolsky Research; (2) Provide direction to staff on whether to return to the City Council on July 23 with an agenda item to consider placing one or more ballot measures on the November 2024 ballot; and; (3) If any ballot measure is to be returned to the City Council for consideration on July 23, continue the Ad Hoc Committee to work with staff and consultants on public outreach and education regarding the possible ballot measure, assist in drafting the final ballot measure language, and assist in preparing any resolutions and ordinances necessary to place the measure on the November 5 ballot.

Staff Report
Public Comments

12. LANG PARK PICKLEBALL UPDATE
Recommendations:
(1) Direct staff to resume environmental analysis at up to four potential sites for relocation of Lang Park pickleball courts using the $80,000 previously appropriated at the January 23, 2024, City Council meeting; and (2) Amend the Lang Park pickleball court schedule approved on January 23, 2024, to clarify that the courts will be open from 9 a.m. to dusk on federal holidays falling on a Monday, and will be closed on Thanksgiving Day and Christmas Day.  Alternatively, (A) Direct staff to work with National Church Residences to coordinate installation of dual-pane windows for interested residents impacted by pickleball noise using the $80,000 previously appropriated by City Council for pickleball environmental studies.

Staff Report
Public Comments
Public submittal of audio of PB noise
Additional Public Comments

13. 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 either of the following attached resolutions:

1. Attachment 1: 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)"; or

2. Attachment 2: Resolution titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DENYING THE APPLICATION TO REMOVE THE PROPERTY AT 2055 CATALINA STREET FROM THE LOCAL HISTORIC REGISTER; AND FINDING SUCH ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES SECTION 15270(a)".

Agenda Report
Public Comments from 5-28-2024 City Council Meeting
Public Comments
Additional Public Comments

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 23-1638 AND COASTAL DEVELOPMENT PERMIT 23-1641 FOR A NEW SINGLE-FAMILY HOME LOCATED AT 1526 MORNINGSIDE DRIVE AND ADOPTION OF A CATEGORICAL EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Recommendation: Open the public hearing, take public testimony, close the public hearing and continue the Appeal of the Design Review Board's approval of Design Review 23-1638 and Coastal Development Permit 23-1641 located at 1526 Morningside Drive to July 9, 2024.

Staff Report
Public Comments
B.

APPEAL OF DESIGN REVIEW BOARD’S 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, 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, DENYING THE APPEAL AND SUSTAINING THE DESIGN REVIEW BOARD'S DECISION TO APPROVE 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 AND MITIGATION MONITORING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT".

Staff Report
Appellant Comments
ADJOURNMENT TO THE CLOSED SESSION AT 4:00 P.M, AND CITY COUNCIL MEETING AT 5:00 P.M., TUESDAY, JUNE 25, 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.

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