AGENDA
TUESDAY, JANUARY 14, 2025
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 ALEX ROUNAGHI, Mayor
MARK ORGILL, Mayor Pro Tem
HALLIE JONES, Councilmember
SUE KEMPF, Councilmember
BOB WHALEN, Councilmember
DAVE KIFF, City Manager
MEGAN GARIBALDI, City Attorney
ANN MARIE McKAY, City Clerk
***CLOSED SESSION - 3:30 P.M.***
Closed Session
A.
ROLL CALL – 3:30 p.m.
B.
PUBLIC COMMENTS ON CLOSED SESSION AGENDA ITEMS: Public Comment can be provided at 3:30 p.m. on any item on the Closed Session agenda, in Council Chambers at 505 Forest Avenue, Laguna Beach, CA 92651, then the City Council will convene in Conference Room A for the Closed Session
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: 2307 and 2535 Laguna Canyon Road, Laguna Beach Agency Negotiator: Dave Kiff, City Manager
Negotiating Party: George R. Burkhardt Trusts A, B, and C Under Negotiation: Price and Terms of Payment
2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) & (e)(5) Two (2) potential cases. There is significant exposure to litigation against the City based on a threat of litigation made outside of a noticed meeting, which is based on the following facts for each case:
(A) On August 14, 2023, a nonprofit interest group named Foundation for Individual Rights and Expression (“FIRE”) transmitted correspondence to the City alleging that Laguna Beach Municipal Code § 11.60.040, entitled “Special Regulations for the Forest Avenue Promenade,” is an unconstitutional restriction on speech under the First Amendment. FIRE’s correspondence is on file with the City Clerk’s Office for review. (B) The property owner of 337 Hawthorne Road, Michael Ray, and as also communicated from his attorney, Larry Nokes, have made threats of litigation against the City as conveyed to City Attorney Megan Garibaldi in and around May and October of 2024 relating to the property’s prior erroneous placement on the City’s Historic Register, on the basis that such placement constituted slander of title or other property-related harm.
3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) & (e)(2) One (1) potential case. There is significant exposure to litigation based on existing facts and circumstances which are known to the potential plaintiffs, as follows: A water main break and slope failure occurred on Sunset Avenue. The water main is owned and operated by South Coast Water District (SCWD), and the road and uppermost portion of the slope are owned and controlled by the City. The water main break and slope failure impacted at least 10 residential properties. SCWD served government claims on the City and seeks indemnity for its costs and expenses incurred related to this matter.
4. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1) One (1) case: Temple Hills Land Company v. City of Laguna Beach, et al., United States District Court, Case No. 8:24-cv-00605-JLS-ADS
5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code section 54957(b)(2) Title: City Attorney
C.
ADJOURN FROM CLOSED SESSION, RETURN TO OPEN SESSION
*** REGULAR MEETING ***
A.
ROLL CALL – 5:00 P.M.
B.
PLEDGE OF ALLEGIANCE – Councilmember Jones
C.
CLOSED SESSION ANNOUNCEMENT(S). A Closed Session report shall be provided, as required pursuant to California Government Code Section 54950 et seq.
D.
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 below.
APWA BEST AWARD PRESENTATION
1. YEARS OF SERVICE RECOGNITION
Recommendation: Receive and file the report.
Agenda Report
2. FIRE UPDATE
Public Comment
Public Comments
E.
ADDITIONS OR DELETIONS TO THE COUNCIL AGENDA.
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.
F.
PUBLIC COMMENTS ON 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.
G.
MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS AND CITY MANAGER.
This is a time for brief updates to the public from the City Council and the City Manager on various City matters.
H.
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 (please identify the item by its number) 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 presiding officer (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 Special Meeting of the City Council of December 9, 2024, and the Regular Meeting of the City Council of December 10, 2024.
Minutes
4. APPROVAL OF GENERAL WARRANTS AND PAYROLL DISTRIBUTIONS
Warrant #11: $2,710,252.40 11/22/2024
Warrant #12:$2,680,848.88 12/06/2024
$5,391,101.28
Payroll #11:$1,752,438.53 11/29/2024
Payroll #12:$2,070,793.99 12/13/2024
$3,823,232.52
Total: $9,214,333.80
Recommendation: Approve the general warrants and payroll disbursements.
Agenda Report
5. CLAIMS AGAINST THE CITY
Recommendation: Reject Claim #24-54 filed by Eriona Sanders Agenda Report
6. MONTHLY INVESTMENT REPORT (OCTOBER 2024)
Recommendation: Receive and file the October 2024 monthly investment report, with submissions from the City Treasurer, Laura Parisi, and the City’s longer-term investment manager, Meeder Investments.
Agenda Report
Investment Report
7. RATIFICATION OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LAGUNA BEACH AND THE LAGUNA BEACH MARINE SAFETY ASSOCIATION Recommendations:
(1) Adopt a 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 MARINE SAFETY ASSOCIATION;” and (2) Authorize the City Manager to sign employee association Memorandum of Understanding.
Agenda Report
8. SERVICE AGREEMENT FOR UPFITTING OF FIRE DEPARTMENT COMMAND STAFF VEHICLES Recommendations:
(1) Authorize the City Manager to enter into an agreement with National Auto Fleet Group for the upfitting of two command staff vehicles at a cost not to exceed $300,000; and (2) Approve an additional appropriation of $110,000 from the Vehicle Replacement Fund to increase the budget for upfitting from the originally approved $190,000 to $300,000.
Agenda Report
9. CITYWIDE SPEED SURVEY RESULTS
Recommendations:
(1) Receive and file the Speed Zone Engineering and Traffic Survey; and (2) Introduce for the first reading and read by title only, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING CHAPTER 10.02 (DRIVING REGULATIONS) OF THE LAGUNA BEACH MUNICIPAL CODE BY ESTABLISHING PRIMA FACIE SPEED LIMITS ON VARIOUS ROADWAY SEGMENTS THROUGHOUT THE CITY; AND FINDING SAID ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT”.
Agenda Report
10. REJECT BIDS FOR THE POLICE DEPARTMENT NETWORK CABLING IMPROVEMENTS Recommendation: Reject all bids for the Police Department Network Cabling Improvements and direct staff to rebid the project.
Agenda Report
11. PLANNING DIVISION UPDATE AND WORKLOAD SUMMARY THROUGH JANUARY 5, 2025 Recommendation: Receive and file the Planning Division Workload Summary, which covers the period from September 2024 through January 5, 2025.
Agenda Report
Public Comment
12. RATIFICATION OF A SIDE LETTER OF AGREEMENT WITH THE LAGUNA BEACH POLICE EMPLOYEES’ ASSOCIATION Recommendations:
(1) Adopt a Resolution titled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, RATIFYING THE SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE LAGUNA BEACH POLICE EMPLOYEES’ ASSOCIATION”; and (2) Authorize the City Manager to sign employee association Side Letter of Agreement.
Agenda Report
I.
REGULAR BUSINESS.
This section is for a wide variety of matters generally worthy of separate discussion such as the consideration of ordinances for introduction, resolutions, extraordinary policy and business matters, staff reports and recommendations. The presiding officer will take public comment on each Regular Business item. 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 Presiding Officer. 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.
13. RESOLUTION APPROVING PURCHASE AND SALE AGREEMENTS FOR THE CITY’S PURCHASE OF REAL PROPERTY LOCATED AT 2307 & 2535 LAGUNA CANYON ROAD (APN’S: 632-101-10 AND 632-091-12) AND DETERMINING SUCH APPROVAL TO NOT BE A PROJECT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Recommendations:
(1) Adopt the Resolution entitled, “RESOLUTION APPROVING PURCHASE AND SALE AGREEMENTS BETWEEN THE CITY AND GEORGE R. BURKHARDT TRUST B AND GEORGE R. BURKHARDT TRUST C, FOR THE CITY’S PURCHASE OF 2307 & 2535 LAGUNA CANYON ROAD, LAGUNA BEACH (APN’S: 632-101-10 AND 632-091-12), RESPECTIVELY, AUTHORIZING THE CITY MANAGER TO TAKE ACTIONS NECESSARY TO IMPLEMENT THE AGREEMENTS, AND DETERMINING SUCH APPROVAL TO NOT BE A PROJECT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT”; (2) Authorize the City Manager to execute ancillary Escrow and Purchase Agreements-related documents, in a final form as approved by the City Attorney, as may be required for the City to facilitate the obligations of the Purchase Agreements (3) Return to a February 2025 City Council meeting with additional information, including assignment and loan documents, if assignment is determined to be feasible; and (4) Transfer an appropriation of $135,600 from the Capital Improvement Fund Future City Facilities Fund Project to the General Fund Contractual Services for due diligence services.
Agenda Report
Public Comments
14. COMMUNITY LAND TRUST COMMUNITY ENGAGEMENT PLAN
Recommendation: Receive and file the community engagement plan for the City’s Community Land Trust effort.
Agenda Report
17. CITY COUNCIL REPRESENTATION FOR VARIOUS ORGANIZATIONS AND COMMITTEES Recommendation: Review City Council appointments to various organizations and committees, and make changes as necessary.
Agenda Report
J.
PUBLIC HEARINGS.
This section is for matters (other than appeals) that are structured as Public Hearings. Public hearings are different from regular business items in that there is a specific time period where a formal hearing is opened by the presiding officer, public comment is accepted from any member of the public, and the hearing is closed by the presiding officer. Generally each public speaker has one opportunity to speak. The City Council conducts all Public Hearings in accordance with the provisions of applicable Laguna Beach procedure and State law. The presiding officer shall have discretion to establish the time allocated for public comment.
15. ADOPTION OF ORDINANCE AMENDING THE ZONING CODE AND LOCAL COASTAL PROGRAM BY REPEALING AND REPLACING CHAPTER 25.17 OF THE LAGUNA BEACH MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS TO COMPLY WITH RECENT CHANGES IN STATE LAW, AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER SECTION 21080.17 OF THE PUBLIC RESOURCES CODE, AND SECTION 15265(C) OF THE STATE CEQA GUIDELINES Recommendation: Open the public hearing, take public testimony, close the public hearing, close the public hearing, and waive second full reading and adopt an Ordinance titled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING ITS ZONING CODE AND LOCAL COASTAL PROGRAM BY REPEALING AND REPLACING CHAPTER 25.17 OF THE CITY OF LAGUNA BEACH MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS, AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER PUBLIC RESOURCES CODE SECTIONS 21080.17 AND 15265(C) OF THE STATE CEQA GUIDELINES.” Agenda Report
16. ADOPTION OF AN URGENCY ORDINANCE EXTENDING URGENCY ORDINANCE NO. 1707 AMENDING THE ZONING CODE AND LOCAL COASTAL PROGRAM BY REPEALING AND REPLACING CHAPTER 25.17 OF THE LAGUNA BEACH MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS TO COMPLY WITH RECENT CHANGES IN STATE LAW, AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER SECTION 21080.17 OF THE PUBLIC RESOURCES CODE Recommendations: Open the public hearing, take public testimony, close the public hearing, and:
(1) Adopt an urgency ordinance to extend Urgency Ordinance No. 1707, which repeals and replaces Chapter 25.17 of the Laguna Beach Municipal Code regarding accessory dwelling units and junior accessory dwelling units, for 22 months and 15 days (Attachment 1 of the agenda report) to ensure that the City’s regulations comply with state ADU law and continue to protect coastal resources during the pendency of the Coastal Commission review and certification of the non-urgency ordinance (2) Adopt a report describing measures to alleviate conditions that led to the adoption of Urgency Ordinance No. 1707 (the "10-Day Report," Attachment 2 of the agenda report); and (3) Find that said actions are statutorily exempt from review under the California Environmental Quality Act under Public Resources Code section 21080.17.
Agenda Report
Staff-provided Supplemental Document
K.
PUBLIC HEARINGS - APPEALS.
This section is specifically for appeals of determinations of the Planning Commission, the Design Review Board, or other Boards or Commissions. Public Hearings (Appeals) are different from other public hearings in two ways: (1) In some cases, the City Council can only consider whether a lower body abused its discretion in granting or denying a project application. In other cases, the Council can conduct the hearing "de novo," meaning that it can consider old and new information and make a determination unbound by the lower body's decision. The item's staff report will clearly state which review standard applies to each appeal item; and (2) public comment generally occurs this way: Staff presents a report about the appeal, Council members ask questions about the report. Then the presiding officer opens the public hearing, inviting the person who filed the appeal (the appellant) to speak first, followed by persons supporting the appellant's position. Then the presiding officer invites persons disagreeing with appeal to speak. When all speakers have spoken, the presiding officer invites the appellant up a second time to address any comment and to conclude their argument. Following that, the presiding officer closes the public hearing, and the Council deliberates further and ultimately votes on a motion. The City Council conducts all Public Hearings in accordance with the provisions of applicable Laguna Beach procedure and State law. The Mayor shall have discretion to establish the time allocated for persons who wish to speak, often allowing more time for the appellant and/or the applicant.
A.
APPEAL OF DESIGN REVIEW BOARD APPROVAL OF DESIGN REVIEW 24-0285 AND COASTAL DEVELOPMENT PERMIT 24-0284 AND CALIFORNIA ENVIRONMENTAL QUALITY ACT CATEGORICAL EXEMPTION FOR A NEW POOL, SPA, DECK, BBQ, AND LANDSCAPING IN ENVIRONMENTALLY SENSITIVE AREA AT 8 ROCKLEDGE ROAD IN THE R-1, RESIDENTIAL LOW-DENSITY ZONE Recommendations:
(1) Conduct a Public Hearing, including receiving a staff report and taking public testimony and evidence relating to the consideration of Design Review 24-0285, Coastal Development Permit 24-0284, and California Environmental Quality Act Exemption; and (2) Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DENYING THE APPEAL AND MODIFYING THE DESIGN REVIEW BOARD’S DECISION TO APPROVE DESIGN REVIEW 24-0285 AND COASTAL DEVELOPMENT PERMIT 24-0284 BY ADDING MORE RESTRICTIVE CONDITIONS OF APPROVAL AND FINDING THE ACTION CATEGORICALLY EXEMPT FROM THE ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15303 AND 15304”.
Agenda Report
Public Comments
L.
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.
M.
ADJOURNMENT.
The Laguna Beach City Council will adjourn to its next regular or other meeting, tentatively set for:
TUESDAY, JANUARY 28, 2025
LAGUNA BEACH CITY HALL
COUNCIL CHAMBERS
505 FOREST AVENUE, LAGUNA BEACH, CA
CLOSED SESSION AT 4:00 P.M. AND
REGULAR CITY COUNCIL MEETING AT 5:00 P.M.
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.
Testimony given before the City Council is recorded.
The timer light at the podium will turn yellow and beep once when the speaker has 30 seconds remaining. The timer light will turn red and buzz when the speaker's time has expired.
PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.
Laguna Beach Regular City Council Meeting Agenda January 14, 2025
-8-
Testimony given before the City Council is recorded.
The timer light at the podium will turn yellow and beep once when the speaker has 30 seconds remaining. The timer light will turn red and buzz when the speaker's time has expired.
PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.