AGENDA
TUESDAY, NOVEMBER 12, 2024
REGULAR MEETING - 5:00 p.m.
Council Chambers, 505 Forest Ave., Laguna Beach, CA
LEVINE ACT DISCLOSURE: Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the City Council is required to disclose on the record any campaign contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made. Council Members are also required to make such disclosures and recuse themselves.
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. - 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
1. PROCLAMATION HONORING RETIRED PARKING SERVICES OFFICER MARY MARLENE MACKLER Recommendation: Adopt the Proclamation honoring retired Parking Services Officer Mary Marlene Mackler.
Proclamation
2. PROCLAMATION RECOGNIZING ARTISTS SUNDAY
Recommendation: It is recommended by the Arts Commission that the City Council approve the Proclamation recognizing the first Sunday after Thanksgiving as Artists Sunday.
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. 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
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 October 22, 2024.
Minutes
4. APPROVAL OF GENERAL WARRANTS AND PAYROLL DISTRIBUTIONS Warrants: $ 3,411,206.01 10/11/2024
$ 561,245.36 10/14/2024
$ 4,839,519.92 10/25/2024
$ 8,811,971.29
Payroll #8: $ 1,704,918.84 10/18/2024
Total: $10,516,890.13
Recommendation: Approve the general warrants and payroll disbursements.
Agenda Report
5. 2025 PERFORMANCE SCHEDULE FOR ARTS COMMISSION PROGRAMS Recommendations: It is recommended by the Arts Commission that the City Council:
(1) Approve the 2025 performance schedule for City-funded performances; (2) Approve the use of amplified sound during the performances; and (3) Authorize the City Manager to approve any revisions to the location or dates of the performances, if required, and execute any ancillary agreements regarding such performances as determined necessary and in a final form approved by the City Attorney.
Agenda Report
6. AWARD OF CONSTRUCTION CONTRACT FOR MOULTON MEADOWS PARK SHADE STRUCTURES Recommendations:
(1) Award and authorize the City Manager to execute a contract with USA Shade, in the amount of $149,997, for the Moulton Meadows Park Shade Structures; and (2) Authorize the City Manager to approve project-related expenses and construction change orders for unforeseen circumstances in an amount not to exceed $15,000.
Agenda Report
7. AWARD OF CONSTRUCTION CONTRACT FOR MAIN BEACH PARK RENOVATION Recommendations:
(1) Award and authorize the City Manager to execute a construction contract with R2Build in the amount of $1,403,957.57 for the Main Beach Park renovation; (2) Authorize the City Manager to approve project-related expenses and construction change orders for unforeseen circumstances in an amount not to exceed $275,000; and (3) Approve the transfer of an appropriation of $755,000 from the Bolsa Way Storm Drain Improvement Project to the Main Beach Park Renovation Project, bringing the total project budget to $1,680,700.
Agenda Report
8. HOUSING AND HUMAN SERVICES COMMITTEE FISCAL YEAR 2024 – 2025 WORK PLAN Recommendation: Authorize the Housing and Human Services Committee to proceed with its Fiscal Year 2024-2025 Work Plan.
Agenda Report
9. ADOPTION OF ORDINANCE AMENDING CHAPTERS 10.06 (PARKING) AND 10.07 (PARKING METERS) OF THE LAGUNA BEACH MUNICIPAL CODE REGARDING PARKING PAYMENTS Recommendation: Adopt the Ordinance titled, “AN ORDINANCE 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).” Agenda Report
10. APPROVAL OF AGREEMENTS FOR MOULTON NIGUEL WATER DISTRICT’S WITHDRAWAL FROM THE SOUTH ORANGE COUNTY WASTEWATER AUTHORITY (SOCWA), INCLUDING TRANSFER OF THE REGIONAL TREATMENT PLANT AND CAPITAL CONTRIBUTIONS FOR COASTAL TREATMENT PLANT IMPROVEMENTS Recommendations:
(1) Approve the Resolution titled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING THE SOUTH ORANGE COUNTY WASTEWATER AUTHORITY (SOCWA) AGREEMENTS RELATED TO THE TRANSFER OF REGIONAL TREATMENT PLANT TO MOULTON NIGUEL WATER DISTRICT AND FACILITATION OF MOULTON NIGUEL WATER DISTRICT’S WITHDRAWAL FROM SOCWA;" (2) Authorize the City Manager to execute all necessary documents in connections with these agreements on behalf of the City of Laguna Beach subject to such changes recommended by special counsel after consultation with the City’s SOCWA representatives; and (3) Authorize the Ad Hoc Committee of Councilmember Whalen and Mayor Pro Tem Rounaghi to continue working with staff on outlining proposed improvements to the Coastal Treatment Plant, and working with Moulton Niguel Water District on a possible Memorandum of Understanding that would explore opportunities for the City to participate in the OASIS Water Resource Center Project.
Agenda Report
11. ADDING TRAINING REQUIREMENTS TO THE COMMITTEE HANDBOOK Recommendations:
(1) Approve the addition of required training for members of Laguna Beach’s Commissions, Boards, and Committees to the Committee Handbook, as outlined in the agenda report and Attachments 2 and 3 of the agenda report; (2) Approve the inclusion of the Required Training requirement in Administrative Policy 5.15, as presented in the agenda report; and (3) Offer any additional recommendations or adjustments as deemed appropriate.
Agenda Report
12. FACILITY MASTER PLAN WORKSHOP ACTION ITEMS
Recommendations:
(1) Review the summary of action items from the Facility Master Plan Workshop; (2) Make any desired changes to the action items; and
(3) Direct the City Manager to incorporate this action into the Facility Master Plan Project.
Agenda Report
Public Comments
13. PLANNING DIVISION UDPATE AND WORKLOAD SUMMARY FOR SEPTEMBER AND OCTOBER 2024 Recommendation: Receive and file the Planning Division Workload Summary, which covers the period from September 1 through October 31, 2024.
Agenda Report
14. RESOLUTION AUTHORIZING HINDERLITER, DE LLAMAS AND ASSOCIATES TO EXAMINE THE SALES AND USE TAX RECORDS 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 SALES AND USE TAX RECORDS,” authorizing Hinderliter, de Llamas and Associates to examine the sales and use tax records of the City; and (2) Rescind Resolution 24.084 approved on October 22, 2024, to correct administrative and technical language as required by the California Department of Tax and Fee Administration.
Agenda Report
15. PARKING, TRAFFIC, AND CIRCULATION COMMITTEE RECOMMENDATIONS Recommendations:
(1) Approve the Parking, Traffic, and Circulation Committee’s recommendation to install parking restrictions on La Brea Street by adopting the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ESTABLISHING PARKING RESTRICTIONS ON LA BREA STREET”; (2) Approve the Parking, Traffic, and Circulation Committee’s recommendation to install golf cart parking and demarcated parking spaces at 2192 Ocean Way by adopting the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ESTABLISHING GOLF CART PARKING AND DEMARCATED PARKING ON OCEAN WAY”; and (3) Approve the Parking, Traffic, and Circulation Committee’s recommendation to direct staff to coordinate with Caltrans to demark parking spaces with painted brackets on South Coast Highway between Wesley Drive to south City limits.
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.
16. BLUEBIRD CANYON DRIVE TRAFFIC CALMING UPDATE
Recommendation: Receive and file a report regarding the impact of traffic calming measures installed along Bluebird Canyon Drive between Cress Street and Rancho Laguna Road.
Agenda Report
Public Comments - Oppose
Public Comments - Support
Public Comments - Oppose
Public Comments - Support
Public Comments - Oppose
Public Comments - Support
17. AD HOC COMMITTEE ON GOVERNMENT EFFICIENCY
Recommendation: Authorize Mayor Pro Tem Rounaghi and Council Member Mark Orgill to serve as an ad hoc committee on improving City government's efficiency.
Agenda Report
18. VISIT LAGUNA BEACH ANNUAL CONTRIBUTION TO A DOWNTOWN IMPROVEMENT FUND Recommendations:
(1) Approve the agreement between the City of Laguna Beach and Visit Laguna Beach, facilitating an 11-year conditional financial commitment from Visit Laguna Beach towards the Downtown Improvement Special Revenue Fund; and (2) Authorize the Mayor to execute the agreement on behalf of the City.
Agenda Report
Public Comment
19. DECEMBER 2024 MEETING SCHEDULE – CONSISDERATION OF ADDING A SPECIAL MEETING ON MONDAY, DECEMBER 9, 2024 Recommendation: Consider whether to hold a Special Meeting of the City Council on Monday, December 9, 2024, to certify results from the November 5, 2024, General Election and conduct any Council reorganization activities, such as swearing in one or more new Council members (if applicable) and/or designating the Mayor and Mayor Pro Tempore for December 2024 through December 2025.
Agenda Report
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.
PUBLIC HEARING FOR CITY COUNCIL REVIEW OF PLANNING COMMISSION APPROVAL OF DESIGN REVIEW 24-1636, INCLUDING FOR BUILDING FAÇADE IMPROVEMENTS, AND CONDITIONAL USE PERMIT 24-1638, INCLUDING TO ESTABLISH A FORMULA-BASED CAFÉ BUSINESS IN THE CBD VISITOR COMMERCIAL DISTRICT OF THE DOWNTOWN SPECIFIC PLAN, AT 276 SOUTH COAST HIGHWAY (AKA 280 SOUTH COAST HIGHWAY), AND FINDING THE PROJECT CATEGORICALLY EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTION 15301 (CLASS 1) (BETTER BUZZ COFFEE ROASTERS) Recommendation: Open the public hearing, including receiving a staff report, take public testimony and all evidence relating to the consideration of Design Review 24-1636 and Conditional Use Permit 24-1638; and adopt the Resolution titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE DESIGN REVIEW 24-1636 AND CONDITIONAL USE PERMIT 24-1638 FOR BUILDING FAÇADE IMPROVEMENTS AND TO ESTABLISH A FORMULA-BASED CAFÉ BUSINESS AT 276 SOUTH COAST HIGHWAY IN THE CDB VISITOR COMMERICAL DISTRICT OF THE DOWNTOWN SPECIFIC PLAN, AT 276 SOUTH COAST HIGHWAY (BETTER BUZZ COFFEE ROASTERS) AND TO FIND THE ACTION CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTION 15301 (CLASS 1)".
Agenda Report
Public Comment
B.
APPEAL OF DESIGN REVIEW BOARD’S APPROVAL OF DESIGN REVIEW 24-0285 AND COASTAL DEVELOPMENT PERMIT 24-0284 FOR A NEW POOL, SPA, DECK, BBQ, AND LANDSCAPING AT 8 ROCKLEDGE ROAD IN THE R-1 (RESIDENTIAL LOW DENSITY) ZONE; AND FINDING ACTION EXEMPT PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15303 Recommendation:
1. Adopt the Resolution titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AUTHORIZING THE WITHDRAWAL OF THE APPEAL OF DESIGN REVIEW BOARD’S APPROVAL OF DESIGN REVIEW 24-0285 AND COASTAL DEVELOPMENT PERMIT 24-0284 FOR A NEW POOL, SPA, DECK, BARBEQUE, AND LANDSCAPING AT 8 ROCKLEDGE ROAD IN THE R-1 (RESIDENTIAL LOW DENSITY) ZONE AND FINDING SUCH ACTION EXEMPT PURSUANT TO CALIFORNIA ENVIRONMENT QUALITY ACT GUIDELINES SECTION 15303", authorizing the withdrawal of the appeal subject to imposing more restrictive conditions of approval; or
2. Continue the public hearing on the appeal to the January 14, 2025, City Council meeting, and direct staff to prepare an agenda report in response to the contentions on appeal.
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, DECEMBER 10, 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.