AGENDA
TUESDAY, SEPTEMBER 24, 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.
PRESENTATION
1. PROCLAMATION DECLARING SEPTEMBER 2024 AS HUNGER ACTION MONTH IN LAGUNA BEACH Recommendation: Adopt the Proclamation declaring September 2024 as Hunger Action Month in the City of Laguna Beach. ADDITIONS and DELETIONS 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-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.
2. 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 August 13, 2024.
Minutes
3. WARRANT LISTING
Warrants: $2,898,843.78 08/02/2024
$3,403,589.98 08/16/2024
$2,297,660.04 08/30/2024
$8,600,093.80
Payroll #3: $2,026,389.76 08/09/2024
Payroll #4: $2,074,946.44 08/23/2024
Payroll #5: $1,905,608.87 09/06/2024
$6,006,945.07
Total: $14,607,038.87
Recommendation: Approve the general warrants and payroll disbursements.
Agenda Report
4. CITY TREASURER’S MONTHLY INVESTMENT REPORT FOR JULY 2024 Recommendation: It is recommended by the City Treasurer that the City Council receive and file the Monthly Investment Report for July 2024.
Agenda Report
5. CLAIMS AGAINST THE CITY
Recommendations:
(1) Reject Claim #23-31 filed by Jay Casas;
(2) Reject Claim #23-33 filed by Laura Giffin;
(3) Reject Claim #24-08 filed by Stephen Coon;
(4) Reject Claim #24-23 filed by Rolkov Cajuste; and
(5) Reject Claim #24-26 filed by John Horton III.
Agenda Report
6. IRVINE-LAGUNA WILDLIFE CORRIDOR PARTNER CHARTER AGREEMENT Recommendation: Authorize the City Manager to sign the Irvine-Laguna Wildlife Corridor Partner Charter, signifying the City of Laguna Beach’s support for implementing the Irvine-Laguna Wildlife Corridor.
Agenda Report
7. ACCEPTANCE OF GRANT FOR THE BLUEBIRD CANYON FUEL MODIFICATION PROJECT-PHASE II Recommendations:
(1) Accept Phase 2 of the FEMA/Cal OES grant funding for fuel modification in Bluebird Canyon; and (2) Appropriate $1,459,000 from the Wildfire Mitigation and Safety Fund for Phase 2 of the Bluebird Canyon fuel modification zone, with an increase in FEMA grant revenue of $1,094,250.
Agenda Report
8. AWARD OF CONSTRUCTION CONTRACT FOR ZONES 5 AND 11A STREET SLURRY SEAL AND REHABILITATION (EL TORO ROAD AND DIAMOND/CRESTVIEW NEIGHBORHOOD) Recommendations:
(1) Award and authorize the City Manager to execute a contract with Excel Paving Company, in the amount of $1,538,559 for the Zones 5 & 11A Street Slurry Seal and Rehabilitation project; (2) Award and authorize the City Manager to issue a task order to Z&K Consultants Inc., in the amount of $84,928 to provide construction management and inspection services; and (3) Authorize the City Manager to approve project-related expenses and construction change orders for unforeseen circumstances in an amount not to exceed $160,000.
Agenda Report
9. CONSULTING SERVICES AGREEMENT FOR AN ORGANIZATION-WIDE CLASSIFICATION AND COMPENSATION STUDY Recommendation: Authorize the City Manager to execute a consulting services agreement with Baker Tilly US, LLP in an amount not to exceed $200,000 to conduct a comprehensive, organization-wide Classification and Compensation Study.
Agenda Report
10. PROFESSIONAL SERVICES AGREEMENT FOR THE 2400 JUANITA WAY ROAD EXTENSION CALIFORNIA ENVIRONMENTAL QUALITY ACT DOCUMENTATION Recommendations:
(1) Authorize the City Manager to execute a professional services agreement and any necessary amendments thereto, all in a form acceptable to the City Attorney, with Chambers Group, Inc. for preparation of California Environmental Quality Act documentation for a proposed road extension at 2400 Juanita Way, for a total fee of $97,809; and (2) Find that this action is not a project subject to California Environmental Quality Act under State CEQA Guidelines Section 15378.
Agenda Report
11. RATIFICATION OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LAGUNA BEACH AND THE LAGUNA BEACH FIREFIGHTERS ASSOCIATION, THE LAGUNA BEACH POLICE AND FIRE MANAGEMENT ASSOCIATION-FIRE UNIT, AND UPDATES TO UNREPRESENTED MANAGEMENT POSITION CLASSIFICATION TITLES AND LEAVE BENEFITS FOR MANAGEMENT EMPLOYEES HIRED AFTER JULY 1, 2024 Recommendations:
(1) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, RATIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE LAGUNA BEACH FIREFIGHTERS ASSOCIATION”; (2) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, RATIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE LAGUNA BEACH POLICE AND FIRE MANAGEMENT ASSOCIATION – FIRE UNIT”; (3) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, RELATING TO CONDITIONS OF EMPLOYMENT, POLICIES, AND BENEFITS FOR UNREPRESENTED EXECUTIVE MANAGEMENT AND MANAGEMENT EMPLOYEES”; and (4) Approve an updated salary schedule by adopting the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, SETTING PAY RANGES FOR CITY EMPLOYEES.” Agenda Report
12. LEASE AGREEMENT FOR FLOCK SAFETY AUTOMATED LICENSE PLATE READER CAMERAS Recommendation: Authorize the City Manager to execute a five-year lease agreement with Flock Safety Group Inc. of Atlanta, Georgia, for the installation and maintenance of eight Flock Safety ALPR Cameras in an amount not to exceed $29,500 for Fiscal Year 2024-25.
Agenda Report
13. AWARD OF CONSTRUCTION CONTRACT FOR GLENNEYRE PARKING STRUCTURE REHABILITATION AND AWARD OF TASK ORDER FOR CONSTRUCTION INSPECTION SERVICES Recommendations:
(1) Award and authorize the City Manager to execute a contract with Harbor Coating & Restoration, in the amount of $1,454,600, for the Glenneyre Parking Structure Rehabilitation project; (2) Authorize the City Manager to award a Task Order to HR Green, in the amount of $117,450, for construction inspection services; and (3) Authorize the City Manager to approve project related expenses and construction change orders for unforeseen circumstances for an amount not to exceed $175,000.
Agenda Report
14. RESOLUTION SUPPORTING PROPOSITION 36, THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT ON THE NOVEMBER 5, 2024, GENERAL ELECTION BALLOT (KEMPF) Recommendation: It is recommended by Mayor Kempf that the City Council adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, IN SUPPORT OF PROPOSITION 36, THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT.” Agenda Report
15. APPROVAL OF SPECIAL EVENT PERMITS FOR LAGUNA PLEIN AIR PAINTERS INVITATIONAL AND ROTARY CLUB CLASSIC CAR SHOW Recommendations:
(1) Authorize staff to issue the Laguna Beach Plein Air Painters Association 50 one-week artist parking permits, 24 single-day student permits, and permit use of five on-street parking spaces for the 2024, 2025 and 2026 Laguna Beach Plein Air Painting Invitational; (2) Approve the annual Laguna Beach Rotary Club Classic Car Show, including use of Lots 11 and 12 at no cost; use of 30 reserved parking spaces in Lot 10 and 15 metered spaces on Forest Avenue at no cost; use of amplified sound and portable toilets; and installation of a temporary fence, sale of food and alcoholic beverages with the appropriate permits for 2025, 2026 and 2027; and (3) Find that these actions are not a project subject to the California Environmental Quality Act under State CEQA Guidelines Section 15378 and in the alternative are exempt pursuant to State CEQA Guidelines Sections 15304(e) and 15061(b)(3).
Agenda Report
16. REPORT OF DE MINIMIS WAIVERS FOR COASTAL DEVELOPMENT ISSUED Recommendations: Receive and file the report of de minimis waivers for coastal development that have been issued:
(1) De minimis waiver for the Accessory Dwelling Unit located at 21391 Stans Lane; and (2) De minimis waiver for the Accessory Dwelling Unit located at 1439 Terrace Way.
Agenda Report
Public Comment
17. INITIAL CONSIDERATION FOR REAL PROPERTY DONATION (265 WOODLAND DRIVE) Recommendations:
(1) Direct staff to obtain due diligence documents, including a Phase I Environmental Report, Geological Site Hazard Assessment Report, Preliminary Title Report, and any other reports that may be required to determine liability should the City accept the donation; and (2) Remand the acquisition of 265 Woodland Drive to the Planning Commission to consider General Plan consistency.
Agenda Report
18. AWARD OF CONTRACT FOR CONSULTANT SERVICES TO ESTABLISH A COMMUNITY LAND TRUST Recommendations:
(1) Authorize the City Manager to execute a Consultant Services Agreement with Kristen King-Ries, Simon Windell, and Julie Brunner (“Consultant”) in the amount of $80,000 to establish and form the Laguna Beach Community Land Trust; (2) Authorize the City Manager to approve change orders for unforeseen circumstances in an amount not to exceed $8,000; (3) Appropriate $88,000 for the contract for Consultant Services to Establish a Community Land Trust from the City’s Housing Fund; (4) Appoint Councilmember Orgill as Council Liaison to work with staff and the Consultant; and (5) Find the action exemption from the California Environmental Quality Act pursuant to State CEQA Guidelines section 15060.
Agenda Report
Public Comments
Additional Public Comment
19. UPDATE ON MOULTON NIGUEL WATER DISTRICT WITHDRAWAL FROM SOUTH ORANGE COUNTY WASTEWATER AUTHORITY, TRANSITION OF THE REGIONAL TREATMENT PLANT, AND CAPITAL CONTRIBUTION TO IMPROVE THE COASTAL TREATMENT PLANT Recommendation: Receive and file an update on the Moulton Niguel Water District Withdrawal from South Orange County Wastewater Authority, Transition of the Regional Treatment Plant, and Capital Contributions to Improve the Coastal Treatment Plant.
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.
20. 2024 INDEPENDENCE DAY CELEBRATION DEBRIEF
Recommendations:
(1) Receive report from public safety regarding staffing and calls for service on July 4, 2024, celebration; and (2) Provide direction to staff regarding the City’s 2025 July 4 Celebration.
Agenda Report
Public Comment
21. DONATION POLICY AND NAMING POLICY FOR PUBLIC PROPERTIES AND FACILITIES Recommendations:
(1) Receive an overview of the proposed Donation and Naming Policy; (2) Provide feedback and offer any additional direction regarding the Donation and Naming Policy as necessary; and (3) Approve the Donation and Naming Policy, or direct staff to return with an updated version incorporating City Council comments and feedback.
Agenda Report
22. DESIGNATION OF A VOTING DELEGATE TO THE LEAGUE OF CALIFORNIA CITIES’ ANNUAL CONFERENCE (OCTOBER 16-18, 2024) Recommendation: Designate a Councilmember as the voting delegate from the City of Laguna Beach to the League of California Cities’ (aka Cal Cities) General Assembly meeting on October 18, 2024.
Agenda Report
PUBLIC HEARING
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 23-0919 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: 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 the October 8, 2024, City Council meeting.
Agenda 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 CLOSED SESSION AT 4:00 P.M, AND
CITY COUNCIL MEETING AT 5:00 P.M.,
TUESDAY, OCTOBER 8, 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.