AGENDA
TUESDAY, JULY 23, 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 4:30 p.m. to 5:00 p.m.
Public Comment can be provided at 4:30 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.
PRESENTATIONS
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 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-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
Public Comments re NCC project
Public Comments re Visit Laguna
Additional 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.
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 July 9, 2024.
Minutes
2. WARRANT LISTING
Warrants: $2,442,988.52 07/05/2024
Payroll #26 & 27: $2,279,400.63 06/28/2024
Total $4,722,389.15
Agenda Report
3. CITY TREASURER’S MONTHLY INVESTMENT REPORT FOR MAY 2024 Recommendation: It is recommended by the City Treasurer that the City Council receive and file the Monthly Investment Report for May 2024.
Agenda Report
4. CONTRACT AMENDMENT WITH IDS GROUP, INC. FOR TIER 3 SEISMIC RETROFIT FOR CITY HALL AND FIRE STATIONS 2 AND 3 Recommendation: Authorize the City Manager to amend Agreement #23-129 with IDS Group Inc. in the amount of $110,000 for a total contract amount not-to-exceed $890,688.
Agenda Report
5. PARKING, TRAFFIC, AND CIRCULATION COMMITTEE RECOMMENDATIONS Recommendations:
(1) Approve the Parking, Traffic, and Circulation Committee’s recommendation to install parking restrictions on Tahiti Avenue by adopting the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ESTABLISHING PARKING RESTRICTIONS ON TAHITI AVENUE”; (2) Approve the Parking, Traffic, and Circulation Committee’s recommendation to install parking restrictions at 31786 Fifth Avenue by adopting the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ESTABLISHING PARKING RESTRICTIONS AT 31786 FIFTH AVENUE”; (3) Approve the Parking, Traffic, and Circulation Committee’s recommendation to establish a three-hour limit at golf cart parking spaces Citywide by adopting the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ESTABLISHING A THREE-HOUR LIMIT AT GOLF CART PARKING SPACES CITYWIDE”; and (4) Approve the Parking, Traffic, and Circulation Committee’s recommendation to install parking restrictions on Glenneyre Street by adopting the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ESTABLISHING PARKING RESTRICTIONS ON GLENNEYRE STREET AT AGATE STREET”.
Agenda Report
Public Comment
6. ADOPTION OF ORDINANCE AMENDING CERTAIN PORTIONS OF CHAPTER 25.16 OF THE LAGUNA BEACH MUNICIPAL CODE REGARDING THE STREAMLINING OF ARTIST OCCUPANCY PERMIT APPLICATIONS Recommendation: Adopt the Ordinance titled, “AN ORDINANCE 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.” Agenda Report
7. ADOPTION 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: It is recommended by City Clerk that the City Council waive second reading and adopt an Ordinance titled, “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
8. PROMENADE CITY COUNCIL AD HOC COMMITTEE REQUEST TO INCREASE THE NUMBER OF RESIDENTS TO SERVE ON THE RESIDENT FOCUS GROUP FROM 7 TO 12 (KEMPF AND ORGILL) Recommendation: It is recommended by Mayor Sue Kempf and Councilmember Mark Orgill that the City Council approve increasing the number of residents that can serve on the Resident Focus Group from 7 to 12, to support the City Council Ad Hoc Committee in evaluating the future design of the Promenade on Forest project.
Agenda Report
9. AUTHORIZATION FOR COMMUNITY DEVELOPMENT DIRECTOR TO WAIVE COMMUNITY DEVELOPMENT DEPARTMENT FEES IN CERTAIN CIRCUMSTANCES AND FINDING SUCH ACTION DOES NOT CONSTITUTE A PROJECT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTION 15378 Recommendation: Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO WAIVE COMMUNITY DEVELOPMENT DEPARTMENT FEES IN CERTAIN CIRCUMSTANCES AND FINDING SUCH ACTION DOES NOT CONSTITUTE A PROJECT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTION 15378”.
Agenda Report
10. FIRST READING OF AN ORDINANCE AMENDING THE LAGUNA BEACH MUNICIPAL CODE RELATED TO MAINTENANCE OF PROPERTY AND NUISANCE ABATEMENT AUTHORITY AND ADOPTION OF A RESOLUTION ESTABLISHING THE COMMERCIAL DISTRICT BEAUTIFICATION/ PROPERTY MANAGEMENT PROGRAM Recommendations:
(1) Waive full reading and introduce by title only, an Ordinance titled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING SECTIONS 7.24.030 (MAINTENANCE OF PROPERTY) AND 7.24.050 (NUISANCE ABATEMENT AUTHORITY) OF THE LAGUNA BEACH MUNICIPAL CODE TO FURTHER REGULATE PROPERTY MAINTENANCE WITHIN THE CITY AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONENTAL QUALITY ACT UNDER CEQA GUIDELINES SECTION 15301”; and (2) Adopt a Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ESTABLISHING THE COMMERCIAL DISTRICT BEAUTIFICATION / PROPERTY MANAGEMENT PROGRAM AND FINDING SUCH PROGRAM CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15301.” Agenda Report
11. PURCHASE OF REPLACEMENT NETWORK FIREWALL SYSTEM AND RELATED SUPPORT AGREEMENT Recommendation: Authorize the City Manager to execute a purchase and support agreement with Insight to acquire a Palo Alto Firewall system, including support subscriptions for five years, licensing, and required hardware, for a one-time cost of $162,406.
Agenda Report
12. CITY COUNCIL RESOLUTION ON APPEAL OF APPROVAL OF DESIGN REVIEW 23-1638 FOR A NEW SINGLE-FAMILY RESIDENCE, ELEVATED DECKS, NEW VEHICULAR ACCESS, GRADING, ACCESSORY SHADE STRUCTURE (GAZEBO), TRASH ENCLOSURE WITHIN THE FRONT YARD SETBACK, DEVELOPMENT ON A LOT WITH A SLOPE GREATER THAN 30%, RETAINING WALLS, PEDESTRIAN ENTRY FEATURES, AND LANDSCAPING AND CATEGORICAL EXEMPTION AT 1526 MORNINGSIDE DRIVE IN THE R-1, RESIDENTIAL LOW-DENSITY ZONE Recommendation: Adopt a Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, GRANTING THE APPEAL, IN PART, OVERTURNING THE DESIGN REVIEW BOARD’S DECISION REFLECTED IN DESIGN REVIEW BOARD RESOLUTION 23-1638 FOR 1526 MORNINGSIDE DRIVE, AND REMANDING THE PROJECT BACK TO THE DESIGN REVIEW BOARD FOR A NEW PUBLIC HEARING WITH FURTHER DIRECTION; AND FINDING SUCH ACTION IS NOT A PROJECT WITHIN THE MEANING OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CEQA GUIDELINES SECTION 15270.” Agenda Report
13. CITY COUNCIL RESOLUTION ON APPEAL OF APPROVAL OF 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: Adopt a Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, GRANTING THE APPEAL, IN PART, OVERTURNING THE DESIGN REVIEW BOARD’S DECISION REFLECTED IN DESIGN REVIEW BOARD RESOLUTION 23-1274 FOR 950 BAJA STREET, AND REMANDING THE PROJECT BACK TO THE DESIGN REVIEW BOARD FOR A NEW PUBLIC HEARING WITH FURTHER DIRECTION; AND FINDING SUCH ACTION IS NOT A PROJECT WITHIN THE MEANING OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CEQA GUIDELINES SECTION 15270.” Agenda Report
14. ACCEPTANCE OF URBAN AND COMMUNITY FORESTRY GRANT FROM THE U.S. DEPARTMENT OF AGRICULTURE Recommendations:
(1) Authorize the City Manager to accept a match-free $100,000 grant from the U.S. Department of Agriculture’s Urban and Community Forestry Grant Program; and (2) Appropriate $100,000 with a matching increase in estimated grant revenues to fund a tree canopy analysis, tree inventory system, planting site analysis, and an Urban Forestry Master Plan.
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.
15. PLACEMENT OF THE SEWER SERVICE FEES AS A SPECIAL ASSESSMENT ON THE COUNTY TAX ROLL (PUBLIC HEARING) Recommendation: confirm the assessments for the sewer service fees and authorize transmittal of these assessments to the County of Orange for placement on the 2024-25 County Tax Roll.
Agenda Report
16. PARKING AND TRANSPORTATION DEMAND MANAGEMENT REPORT IMPLEMENTATION UPDATE Recommendations:
(1) Receive and file the Parking and Transportation Demand Management Report update, and direct staff return to City Council with an annual progress report in July 2025; and (2) Direct staff to add a new short-term strategy to investigate the feasibility and potential impacts of converting existing free parking along Coast Highway and other areas of South Laguna to paid public parking spaces.
Agenda Report
Public Comment
17. TRANSIENT OCCUPANCY TAX AND BUSINESS LICENSE TAX BALLOT MEASURE Recommendations:
1. Consider adopting a resolution for a transient occupancy tax ballot measure increasing the transient occupancy tax from 12% to 13% effective July 1, 2026, by adopting a Resolution titled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, CALLING FOR THE PLACEMENT OF A GENERAL TAX MEASURE ON THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION BALLOT FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE AMENDING THE CITY’S TRANSIENT OCCUPANCY (HOTEL) TAX CODE BY INCREASING THE MAXIMUM RATE FROM 12% TO 13%, ADDRESSING ONLINE TRAVEL COMPANY AND OTHER THIRD PARTY BOOKINGS AND MAKING OTHER CONFORMING CHANGES; REQUESTING THE COUNTY OF ORANGE TO CONSOLIDATE SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION OF EVEN DATE; AND SETTING RULES AND DEADLINES FOR ARGUMENTS AND REBUTTALS FOR AND AGAINST THE MEASURE";
2. Consider adopting a resolution for a business license tax ballot measure with one of the following options:
a.
Increase the minimum and maximum business license tax for businesses paying gross receipts in Groups 1, 2, and 3 each January 1 by the increase in the Consumer Price Index not to exceed 5%, and create a Group 4 business license tax category for bars and restaurants effective January 1, 2025, by adopting a Resolution titled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, CALLING FOR THE PLACEMENT OF A GENERAL TAX MEASURE ON THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION BALLOT FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 5.08 OF THE CITY’S MUNICIPAL CODE AS IT RELATES TO BUSINESS LICENSE TAXES; REQUESTING THE COUNTY OF ORANGE TO CONSOLIDATE SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION OF EVEN DATE; AND SETTING RULES AND DEADLINES FOR ARGUMENTS AND REBUTTALS FOR AND AGAINST THE MEASURE"; or b.
Increase the minimum and maximum business license tax for businesses paying gross receipts in Groups 1, 2, and 3 to a minimum of $120 and a maximum of $3,300, increase the minimum and maximum rates each January 1 by the increase in the Consumer Price Index not to exceed 5%, and create a Group 4 business license tax category for bars and restaurants effective January 1, 2025, by adopting a Resolution titled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, CALLING FOR THE PLACEMENT OF A GENERAL TAX MEASURE ON THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION BALLOT FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 5.08 OF THE CITY’S MUNICIPAL CODE AS IT RELATES TO BUSINESS LICENSE TAXES; REQUESTING THE COUNTY OF ORANGE TO CONSOLIDATE SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION OF EVEN DATE; AND SETTING RULES AND DEADLINES FOR ARGUMENTS AND REBUTTALS FOR AND AGAINST THE MEASURE";
3. If either or both measures are called, consider authorizing one or two City Council members, on their own time, to write arguments in favor of the ballot measure(s) and rebuttal arguments on behalf of the City Council; and
4. Consider taking no action on the proposed ballot measure.
Agenda Report
Public Comments
Additional 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 23-0887 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, 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 located at 1560 Sunset Ridge Drive, to the September 24, 2024, City Council meeting, to allow the applicant additional time to work on plan revisions Agenda Report
B.
APPEAL OF PLANNING COMMISSION APPROVAL OF DESIGN REVIEW 22-2304, VARIANCE 24-0690, AND CALIFORNIA ENVIRONMENTAL QUALITY ACT CATEGORICAL EXEMPTION FOR HOTEL LAGUNA AT 425 S. COAST HIGHWAY, IN THE CENTRAL BLUFF DISTRICT 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, SUSTAINING THE PLANNING COMMISSION'S APPROVAL OF THE CALIFORNIA ENVIORNMENTAL QUALITY ACT CATEGORIAL EXEMPTION UNDER CEQA GUIDELINES SECTIONS 15301 AND 15331", for Hotel Laguna at 425 S. Coast Highway, in the Central Bluff District.
Agenda Report (595 pages, so will take time to load!)
Public Comments
COUNCILMEMBER 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, AUGUST 13, 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.