AGENDA
TUESDAY, JULY 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.
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 Agenda
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.
PRESENTATIONS
1. YEARS OF SERVICE RECOGNITION
Recommendation: Receive and file the report.
Agenda Report
2. PROCLAMATION FOR PARKS MAKE LIFE BETTER MONTH
Recommendation: Approve the Proclamation recognizing the month of July as Parks Make Life Better!® Month in the City of Laguna Beach.
Agenda Report
Public Comment
SLCA Comment Letter
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 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 24-0285 AND COASTAL DEVELOPMENT PERMIT 24-0284 FOR A NEW POOL, SPA, DECK, BBQ, AND LANDSCAPING, AND CATEGORICAL EXEMPTION PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT AT 8 ROCKLEDGE ROAD IN THE R-1, RESIDENTIAL LOW-DENSITY ZONE Recommendation: Continue the Appeal hearing to a later date to allow staff time to address the contentions. Open the public hearing, and continue the Appeal of the Design Review Board's approval of Design Review 24-0285 and Coastal Development Permit 24-0284 located at 8 Rockledge Road to August 13, 2024.
Agenda Report
B.
APPEAL OF APPROVAL OF DESIGN REVIEW 23-0919 AND COASTAL DEVELOPMENT PERMIT 23-0921 FOR A NEW SINGLE-FAMILY RESIDENCE WITH AN ATTACHED TWO-CAR GARAGE IN THE R-1 (RESIDENTIAL LOW DENSITY) ZONE AT 1536 MORNINGSIDE DRIVE; DESIGN REVIEW IS REQUIRED FOR THE NEW SINGLE-FAMILY DWELLING, ELEVATOR HEIGHT, ELEVATED DECKS, GRADING, RETAINING WALLS, NEW VEHICULAR ACCESS, CONSTRUCTION WITHIN AN ENVIRONMENTALLY SENSITIVE AREA (SLOPE GREATER THAN 30%), AND LANDSCAPING Recommendation: Continue the appeal hearing to a later date to allow staff time to address the contentions. Open the public hearing, and continue the Appeal of the Design Review Board's approval of Design Review 23-0919 and Coastal Development Permit 23-0921 located at 1536 Morningside Drive to August 13, 2024.
Agenda Report
C.
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 CATEGORICAL EXEMPTION 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 23-1638 AND COASTAL DEVELOPMENT PERMIT 23-1641 FOR A NEW SINGLE-FAMILY HOME LOCATED AT 1526 MORNINGSIDE DRIVE, AND TO FIND THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CEQA GUIDELINES SECTION 15303".
Agenda Report
6-11-2024 Public Comments
Applicant Response
Public Comment
Additional Public Comment
D.
APPEAL OF APPROVAL DESIGN REVIEW 23-1274 FOR A NEW SINGLE-FAMILY RESIDENCE (3,525 SQUARE FEET), ATTACHED FOUR-CAR GARAGE (889 SQUARE FEET), ELEVATED DECKS (519 SQUARE FEET), GRADING, RETAINING WALLS, ADDITIONAL TANDEM PARKING SPACES, LANDSCAPING, AND CATEGORICAL EXEMPTION AT 950 BAJA STREET IN THE ARCH BEACH HEIGHTS SPECIFIC PLAN AREA OF 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 23-1274 FOR A NEW SINGLE-FAMILY RESIDENCE (3,525 SQUARE FEET), ATTACHED FOUR-CAR GARAGE (889 SQUARE FEET), ELEVATED DECKS (519 SQUARE FEET), GRADING, RETAINING WALLS, ADDITIONAL TANDEM PARKING SPACES, LANDSCAPING AND TO FIND THE ACTION CATEGORICALLY EXEMPT FROM THE ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTION 15303".
Agenda Report
Public Comments
Additional Public Comments
Additional Public Comments
Applicant Response
Additional Public Comments
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 MEETING AT 5:00 P.M.,
TUESDAY, JULY 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.
PUBLIC COMMENTS - NON-ADGENDIZED 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
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.
3. 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 June 25, 2024.
Agenda Report
4. WARRANT LISTING
Warrants: $2,009,743.41 06/21/2024
Payroll #25: $1,685,367.23 06/10/2024
Total $3,695,110.64
Recommendation: Approve the general warrants and payroll disbursements.
Agenda Report
5. CLAIMS AGAINST THE CITY
Recommendations:
(1) Reject claim #24-21 filed by Chris Kouri; and
(2) Reject claim #24-22 filed by Rodney Simpson.
Agenda Report
6. A RESOLUTION OF THE CITY CONCIL OF THE CITY OF LAGUNA BEACH TO CONFIRM WEED ABATEMENT ASSESSMENT ROLL Recommendation: Adopt the resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, CONFIRMING ASSESSMENTS FOR WEED ABATEMENT,” which will direct the Fire Chief to file a copy of the 2024 report with the County Auditor on or before August 10, 2024.
Agenda Report
7. SERVICE PROVIDER AGREEMENT FOR SALES & USE TAX AND BUSINESS LICENSE TAX ADMINISTRATION Recommendations:
(1) Authorize the City Manager, or his designee, to execute a service provider agreement with Hinderliter, de Llamas and Associates (“HdL”) for sales and use tax audit and review, and business license administration and discovery services; and (2) Adopt the Resolution titled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AUTHORIZING THE EXAMINATION OF TRANSACTIONS (SALES) AND USE TAX RECORDS” authorizing Hinderliter, de Llamas and Associates (HdL Companies) to examine the sales or transactions and use tax records of the City Agenda Report
8. AUTHORIZATION FOR PATRIOTS DAY PARADE 2025-2027
Recommendations:
(1) Authorize the Patriots Day Parade Association to hold its parade on March 8, 2025, March 14, 2026, and March 13, 2027; (2) Direct staff to post “No Parking” signs on Ocean Avenue, Lot 2, the parade route and assembly areas, and post “Bus Parking Only” signs on outbound Laguna Canyon Road between Forest Avenue and Woodland Drive; (3) Provide 20 parking passes for Lot 12 for parade organizers and volunteers; (4) Close designated streets from 9:00 a.m. to 2:00 p.m.; and (5) Allow the use of amplified sound.
Agenda Report
9. PURCHASE OF DOZER MACHINE FOR PUBLIC WORKS & UTILITIES Recommendation: Authorize the City Manager to purchase one Caterpillar Beach Dozer from Caterpillar, Inc. for an amount not-to-exceed $375,000.
Agenda Report
10. PURCHASE OF TWO REPLACEMENT VEHICLE LIFT SETS FOR PUBLIC WORKS & UTILITIES Recommendation: Authorize the City Manager to purchase two replacement portable vehicle lifts from Vehicle Service Group, LLC for an amount not-to-exceed $115,000.
Agenda Report
11. INTRODUCTION OF ORDINANCE REPEALING IN ITS ENTIRETY ORDINANCE NO. 1675, RELATING TO BUILDING HEIGHT, MASS, BULK AND PARKING WITHIN THE COMMERCIAL DISTRICTS, IN LIEU OF PLACING REFERENDUM MEASURE AGAINST SAID ORDINANCE ON THE BALLOT Recommendation: Introduce and proceed with first reading, proceed by title only, and waive further reading in full of Ordinance entitled, “An Ordinance of the City Council of the City of Laguna Beach, California, Repealing in its Entirety Ordinance No. 1675, Pertaining to Mass, Scaling, Height, and Parking within the Commercial Districts, In Lieu of Holding a Referendum Election, Pursuant to California Elections Code Section 9241.” Agenda Report
12. CONSIDERATION OF ADDING BUSINESS LICENSE TAX CHANGE TO THE NOVEMBER BALLOT Recommendation: Authorize staff and the Ad Hoc Committee of Council members Whalen and Orgill to discuss and return to the City Council on July 23, 2024, with analysis of the inclusion of a ballot measure that would adjust / increase / modify the business license tax on the November 5, 2024, Municipal General Election ballot.
Agenda Report
13. APPROVAL TO PROCEED WITH CONSTRUCTION FOR UNDERGROUND UTILITY DISTRICT 2020-2 (BLUEBIRD CANYON DRIVE) Recommendations:
(1) Authorize the use of $3.6 million Rule 20A credits to proceed with construction for Underground Utility District 2020-2 (Bluebird Canyon Drive); (2) Award and authorize the City Manager to execute a contract with Hot Line Construction, Inc. in the amount of $134,391 for construction of City street lighting for the project; and (3) Authorize the City Manager to approve project related expenses and construction change orders for unforeseen circumstances for an amount not-to-exceed $14,000.
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.
14. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING CERTAIN PORTIONS OF CHAPTER 25.16 OF THE LAGUNA BEACH MUNICIPAL CODE REGARDING THE STREAMLINING OF ARTIST OCCUPANCY PERMIT APPLICATIONS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA Recommendations:
(1) Introduce and waive first reading for an ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING CERTAIN PORTIONS OF CHAPTER 25.16 OF THE LAGUNA BEACH MUNICIPAL CODE AND THE CITY’S LOCAL COASTAL PROGRAM TO STREAMLINE REVIEW OF ARTIST OCCUPANCY PERMIT APPLICATIONS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA”; and (2) Find that this action is not a project subject to CEQA under State CEQA Guidelines Section 15378(b)(3).
Agenda Report
15. TRANSITION PLAN FOR OUTSOURCING THE MANAGEMENT OF CITY INVESTMENTS TO MEEDER, INCLUDING MODIFICATIONS TO THE ROLES, RESPONSIBILITIES AND COMPENSATION OF THE CITY TREASURER AND FINANCE DIRECTOR Recommendations:
(1) Approve the transition plan of investment management services to Meeder Public Trust; (2) Adopt the Resolution titled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, RESCINDING RESOLUTION 23.077, DELEGATING INVESTMENT AUTHORITY TO THE TREASURER (COLLECTIVELY THE CITY TREASURER AND DIRECTOR OF FINANCE), AND APPROVING AND ADOPTING AN INVESTMENT POLICY FOR FISCAL YEAR 2024-25 THROUGH DECEMBER 31, 2024," updating the Investment Policy to reflect outsourcing of the management of investments to a third party; (3)Consider reducing the City Treasurer position-approved hours, effective August 1, 2024, from 1,416 per year to:
(a.) 976 hours per year (about 18 hours per week) to adjust for the updated roles and responsibilities relating to surplus investment responsibilities; or
(b.) 865 hours per year (about 16 hours per week) to adjust for updated roles and responsibilities relating to both (i) surplus investment and (ii) TOT audits and reports. (4) Review and adjust the compensation for the position as follows: Make no change to the current salary until such time as the Treasurer’s 2024-2028 term begins (December 1, 2024) and then adjust the salary as of that date to:
(a.) Given the amount of time that a Council member dedicates to the Council Member’s role (generally 20 hours per week), set the Treasurer’s wages at the same rate as paid to a Council member ($908/month or $10,896/year); or
(b.) Basing an updated salary on fewer hours assigned from 1,416 to 976 or to 865 hours, adjust the base wages to $7,154/month (or $85,850/year) or to $6,321/month ($75,750/year); or
(c.) Some other wage to be determined by Council.
(5) Direct the City Manager to modify the salary schedule for the Treasurer’s position to reflect the City Council’s action; and (6) Provide direction on the FY 2023-24 performance pay for the City Treasurer.
Agenda Report
City Treasurer Comments
Public Comments
Additional Public Comment
City Treasurer Hours related to Duties
CFO response re Treasurer hours
City Treasurer response to CFO