AGENDA
TUESDAY, OCTOBER 22, 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.
FACILITIES MASTER PLAN WORKSHOP - 3:30 p.m. to 4:30 p.m.
Recommendations:
(1) Receive an update on the Facilities Master Plan, including findings from the Facility Assessment Reports, feedback from community outreach, and an overview of the next steps; (2) Provide feedback or additional direction on the Facilities Master Plan, as appropriate; and (3) Consider a recommendation from the Ad Hoc Committee to return with a scope for initiating "Laguna Beach: Path Forward," a long-term strategy focused on prioritizing infrastructure and stewardship projects aligned with the City’s goals Report and Presentation
CLOSED SESSION 4:30 p.m. - 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 Agenda
CLOSED SESSION ANNOUNCEMENT(S)
A Closed Session report shall be provided, as required pursuant to California Government Code Section 54950 et seq.
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-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.
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.
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.
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. AUTHORIZATION TO SIGN FRIENDSHIP CITY AGREEMENT
Recommendation: Authorize the Mayor to sign a friendship city agreement with Fuji Five Lakes, Yamanashi Prefecture, Japan.
Agenda Report
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 October 8, 2024.
Draft 10-08-2024 Minutes
3. APPROVAL OF GENERAL WARRANTS AND PAYROLL DISTRIBUTIONS
Warrants: $3,167,971.01 09/27/2024
$481,502.50 10/03/2024
$3,649,473.51
Payroll #7: $1,714,953.97 10/04/2024
Total: $5,364,427.48
Recommendation: Approve the general warrants and payroll disbursements.
Agenda Report
4. CITY TREASURER’S MONTHLY INVESTMENT REPORT FOR AUGUST 2024 Recommendation: Receive and file the Monthly Investment Report from City Treasurer Laura Parisi for August 2024.
Treasurer’s Report
5. CLAIMS AGAINST THE CITY
Recommendations:
(1) Reject Claim #24-36 filed by Marlo Maldonado; and
(2) Reject Claim # 24-37 filed by Harry Leitner.
Agenda Report
6. RESOLUTION APPROVING A PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS BETWEEN THE CITY AND D & S PARTNERS LLC FOR THE SALE OF CITY-OWNED PROPERTY AT 31729 AND 31735 COAST HIGHWAY (APNS 658-101-39; -40) AND DETERMING SUCH APPROVAL TO BE EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Recommendations:
(1) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING A PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS BETWEEN THE CITY AND D & S PARTNERS LLC FOR THE SALE OF 31729 AND 31735 COAST HIGHWAY (APNS 658-101-39 AND 658-101-40), AUTHORIZING THE CITY MANAGER TO TAKE ACTIONS NECESSARY TO IMPLEMENT THE AGREEMENT, AND DETERMINING THAT SUCH APPROVAL IS EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT”; (2) Increase the estimated revenue from the sale of the property to $3,550,000; (3) Repay the internal loan to the Vehicle Replacement Fund in the amount of $1,000,000, as identified during the acquisition of 31796 South Coast Highway at the September 20, 2022, meeting; and (4) Appropriate the remaining balance to the Future Fire Station No. 4 Capital Improvement Fund.
Agenda Report
Purchase and Sale Agreement
7. APPROVAL OF 2024 MILLS ACT CONTRACTS FOR SIX PROPERTIES; AND FINDING SUCH ACTION EXEMPT FROM CEQA UNDER CEQA GUIDELINES SECTION 15331 Recommendations:
(1) Adopt the Resolutions approving Mills Act Preservation Agreements for 365 Flora Street, 385 Monterey Drive, 1124 Baja Street, 1944 Ocean Way, 2645 Victoria Drive, and 31695 Seacliff Drive (2) Authorize the City Manager to sign the contract agreements with the owners of the subject properties; and (3) Find the action exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15331 and direct staff to cause the notice of exemption to be filed with the County Clerk and State Clearinghouse.
Agenda Report
Public Comment
8. FIRST READING OF AN ORDINANCE AMENDING CHAPTERS 10.06 (PARKING) AND 10.07 (PARKING METERS) OF THE LAGUNA BEACH MUNICIPAL CODE REGARDING PARKING PAYMENTS Recommendations:
(1) Introduce and conduct a first reading, proceed by title only, and waive further reading and introduce by title only an Ordinance titled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING CHAPTERS 10.06 (PARKING) AND 10.07 (PARKING METERS) OF THE LAGUNA BEACH MUNICIPAL CODE REGARDING PUBLIC PARKING PAYMENTS AND EXEMPTIONS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15060(c) AND 15378(b)(5)”; (2) Direct staff to return with the Ordinance for a second reading at the November 12, 2024, Regular City Council meeting; and (3) Find that the Ordinance is not a project subject to CEQA under State CEQA Guidelines Sections 15060(c) and 15378(b)(5) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and in the alternative find that the Ordinance is categorically exempt under Sections 15061(b)(3).
Agenda Report
9. MARINE SAFETY SEASONAL AND JUNIOR LIFEGUARD UNIFORM PURCHASE Recommendation: Authorize the City Manager to purchase Marine Safety uniforms for a total of 750 lifeguards from Florence Marine X, LLC for a not to exceed amount of $106,000.
Agenda Report
10. HOUSING PROGRAMS BIANNUAL PROGRESS REPORT
Recommendation: Receive and file the biannual progress report.
Agenda Report
11. RESOLUTION AUTHORIZING HINDERLITER, DE LLAMAS AND ASSOCIATES TO EXAMINE THE SALES AND USE TRANSACTIONS FOR THE CITY Recommendations:
(1) 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 to examine the sales or transactions of use tax records of the City; and (2) Rescind Resolution 24.053 approved on July 9, 2024, which incorrectly referenced the DBA of "HdL Companies" without specifying the formal name Hinderliter, de Llamas & Associates.
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.
12. SUMMARY OF ALISO CREEK ESTUARY RESTORATION’S CONCEPTUAL REVIEW AND NEXT STEPS INCLUDING ENVIRONMENTAL REVIEW Recommendations:
(1) Direct staff to prepare a Scope of Work to prepare an Environmental Impact Report to address potential environmental effects of the proposed Aliso Creek Estuary Restoration, along with a range of project alternatives as required by the California Environmental Quality Act, including the no project alternative; and; (2) Authorize the Laguna Ocean Foundation to submit a Design Review application for the restoration project on City-owned property and waive the Design Review application fee.
Agenda Report
Public Comments
Public Comments in Opposition
Additional Public Comments in Support
13. COOPERATIVE AGREEMENTS WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR PROJECT V FUNDED TRANSIT PROGRAMS Recommendations:
(1) Authorize the City Manager to negotiate and execute a cooperative agreement with the Orange County Transportation Authority to accept up to $5,212,250 in Measure M2 Project V grant funds for the Off-Season Weekend and Seasonal Trolley Services, and provide an 11 percent local match (estimated at $622,550) for service through Fiscal Year 2030-31; (2) Authorize the City Manager to negotiate and execute a cooperative agreement with the Orange County Transportation Authority to accept up to $2,024,489 in Measure M2 Project V grant funds for the Laguna Canyon Road/El Toro Road Laguna Local Service, and provide a 50 percent local match (estimated at $2,024,489) for service through Fiscal Year 2030-31; (3) Authorize the City Manager to negotiate and execute an amendment with LAZ Parking, LLC, for the new Laguna Local on-demand and trolley services, which will expand their scope of work and budget; (4) Amend the Fiscal Year 2024-25 budget by appropriating $445,000 in the Transit Fund for the implementation of the Laguna Local Canyon Service, Off-Season Trolley Services, and one month of Summer Breeze service, offset by an increase of $250,420 in grant revenue in the Transit Fund, and a $194,580 transfer from the Parking Fund to the Transit Fund; (5) Authorize the City Manager to modify the expanded services and schedule, as may be needed, to achieve the ridership required by the grant; and (6) Find this action exempt from the California Environmental Quality Act.
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 23-0887, VARIANCE 23-0888 AND REVOCABLE ENCROACHMENT PERMIT 23-0889 FOR ADDITIONS (NET 413 SQUARE FEET) IN THE R-1 (RESIDENTIAL LOW DENSITY) ZONE AT 1560 SUNSET RIDGE DRIVE, DESIGN REVIEW IS REQUIRED FOR UPPER LEVEL ADDITIONS AND ELEVATED DECK ADDITIONS, GRADING, RETAINING WALLS, SPA, EXTERIOR REMODEL, AND LANDSCAPING, A VARIANCE IS REQUIRED TO EXCEED THE MAXIMUM BUILDING HEIGHT, AND REVOCABLE ENCROACHMENT PERMIT IS REQUIRED TO MAINTAIN SITE WALLS WITHIN THE PUBLIC RIGHT-OF-WAY 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, and finding the Project categorically exempt under CEQA Guidelines Section 15301, to the December 10, 2024, City Council meeting.
Agenda Report
Public Comment
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
REGULAR CITY COUNCIL MEETING AT 5:00 P.M.,
TUESDAY, NOVEMBER 12, 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.