AGENDA
TUESDAY, JANUARY 28, 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 through December 31, 2024, and $500 commencing on January 1, 2025, 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 - 3:45 P.M.***
Closed Session
A.
ROLL CALL - 3:45 p.m.
B.
PUBLIC COMMENTS ON CLOSED SESSION AGENDA ITEMS:
Public Comment can be provided at 3:45 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 LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) & (e)(3) One (1) potential case: There is significant exposure to litigation against the City based on a Government Claims Act claim filed by Cedric Owens against the City on November 4, 2024. The claim is available from the City Clerk's Office upon request.
2. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
One (1) case: Dornin v. City of Laguna Beach, Orange County Superior Court, Case No. 30-2021-01183025-CU-WM-CJC
3. 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 - Mayor Pro Tem Orgill
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.
1. ASSEMBLYMEMBER DIXON WILL PRESENT A LEGISLATIVE UPDATE
2. GREEN BUSINESS CERTIFICATION RECOGNITIONS
3. SOCWA PRESENTATION
4. PROCLAMATION RECOGNIZING MARCH 6, 2025, AS ARBOR DAY IN LAGUNA BEACH Recommendations:
(1) Adopt the proclamation recognizing March 6, 2025, as Arbor Day in Laguna Beach; (2) Authorize staff to host an Arbor Day celebration event on March 6, 2025; and (3) Authorize staff to apply for re-certification as a Tree City USA with the Arbor Day Foundation.
Proclamation
5. PROCLAMATION RECOGNIZING THE 20TH ANNIVERSARY OF THE LAGUNA DANCE FESTIVAL Recommendation: Approve the Proclamation recognizing the 20th Anniversary of the Laguna Dance Festival.
Proclamation
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.
Public Comments
Public Comments
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.
6. 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 January 14, 2025.
DRAFT Minutes
7. APPROVAL OF GENERAL WARRANTS AND PAYROLL DISTRIBUTIONS
Warrant #13: $2,640,196.22 12/20/2024
Warrant #14: $1,159,022.73 01/03/2025
$3,799,218.95
Payroll # 13: $1,943,733.68 12/27/2024
Payroll # 14: $1,705,552.86 01/10/2025
$3,649,286.54
Total: $7,448,505.49
Recommendation: Approve the general warrants and payroll disbursements.
Agenda Report
8. MONTHLY INVESTMENT REPORT (NOVEMBER 2024)
Receive and file the November 2024 monthly investment report, with submissions from the City Treasurer, Laura Parisi, and the City's longer-term investment manager, Meeder Investments.
Agenda Report
Attachment 2 (Meeder Investment Report)
9. CLAIMS AGAINST THE CITY
Recommendations:
(1) Reject Claim #24-63 filed by Cheryl Weisman-Cohen;
(2) Reject Claim #24-52 filed by Brenda Echeverria;
(3) Reject Claim #24-66 filed by Brandon Rosas;
(4) Reject Claim #24-69 filed by Greg Hegge; and
(5) Reject Claim #24-62 filed by Jackie Hage.
Agenda Report
10. TOOVET TRAIL CONNECTION FEASIBILITY STUDY
Recommendations:
(1) Receive and file this update on the Toovet Trail Feasibility Study; and (2) Based on the significant property, regulatory, and environmental challenges, direct staff to discontinue further efforts on the Toovet Trail connection between OC Parks property and Ceanothus Drive at this time.
Agenda Report
11. AUTHORIZATION TO PURCHASE THREE ELECTRIC VEHICLES FOR THE ANIMAL SHELTER AND ANIMAL SERVICES OFFICERS AND CHARGING STATION Recommendations:
(1) Authorize the City Manager to purchase one 2025 VW Buzz electric van for the Animal Shelter, at a cost not to exceed $75,000 from the Animal Shelter Estate Donation Fund, which includes the van, electric charging equipment, installation, and necessary vehicle modifications; (2) Authorize the City Manager to purchase two 2025 Ford F-150 Lightning electric trucks from Tuttle-Click Ford of Irvine for $102,000, and allocate $98,000 for custom-built animal containers with air conditioning, light bars, computers, radio communication equipment, and other necessary modifications, for a total cost of $200,000; and (3) Appropriate $30,000 from the Capital Improvement fund for the purchase and installation of a charging station for the Animal Services Trucks, as well as required electrical work in the City Hall rear parking lot.
Agenda Report
12. REPLACEMENT ENGINES FOR THE MARINE SAFETY RESCUE VESSEL Recommendations:
(1) Authorize the City Manager to purchase replacement engines from Hasting Marine for installation in the Marine Safety rescue vessel in an amount not to exceed $181,000; (2) Appropriate $181,000 from the Vehicle Replacement Fund to purchase and install the replacement engines; and (3) Find the action exempt from the California Environmental Quality Act pursuant to State CEQA Guidelines sections 15301 and 15303.
Agenda Report
Public Comment
13. AMENDMENT TO SERVICE PROVIDER AGREEMENT FOR CUSTODIAL MAINTENANCE SERVICES Recommendation: Authorize the City Manager to amend Agreement #19-53 with Commercial Building Management, CBM, Incorporated to include custodial maintenance services at the Laguna Beach Community and Recreation Center for an additional $65,000 and a total agreement cost not-to-exceed $225,646.
Agenda Report
14. RECREATION COMMITTEE 2025 WORK PLAN
Recommendation: Authorize the Recreation Committee to proceed with its 2025 Work Plan.
Agenda Report
15. 2025 BEACH VOLLEYBALL TOURNAMENTS
Recommendation: Approve the proposed beach volleyball tournaments at Main Beach for 2025.
Agenda Report
16. REINITIATE THE WILDFIRE MITIGATION AND FIRE SAFETY AD HOC COMMITTEE Recommendations:
(1) Approve the re-establishment of the Wildfire Mitigation and Fire Safety Ad Hoc Committee; (2) Appoint City Council members Kempf and Whalen to serve on the committee; (3) Direct the Ad Hoc Committee to work with the League of California Cities and State representatives to advocate for legislation that exempts fuel modification, utility undergrounding projects, and other wildfire measures from the requirements of the Coastal Act and CEQA; and (4) Direct the committee to return to the Council with an updated action plan addressing wildfire mitigation and fire safety priorities within 90 days (by April 28, 2025).
Agenda Report
17. ADOPTION OF ORDINANCE 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 Recommendation: Adopt the Ordinance titled, "AN ORDINANCE 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
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.
18. CONTRACT AMENDMENT TO SOLID WASTE FRANCHISE AGREEMENT Recommendation: Authorize the City Manager to execute the third amendment with CR&R to the Agreement for the Collection, Transportation, Processing and Diversion of Recyclable Materials, Food Scraps, Yard Trimmings, Construction, Transportation and Disposal of Municipal Solid Waste, to memorialize changes in the definitions related to multi-family dwellings and clean up items effective February 1, 2025.
Agenda Report
Public Comment
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.
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’S 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 FINDING THE PROJECT CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15301 AT 1560 SUNSET RIDGE DRIVE IN THE R-1, RESIDENTIAL LOW DENSITY ZONE Recommendation: open the public hearing, take public testimony, close the public hearing, and adopt a 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 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 BY ADDING MORE RESTRICTIVE CONDITION OF APPROVAL AND FINDING THE ACTION CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTION 15301".
Agenda Report - w/o attachments
Attachment 1 - Draft Resolution
Attachment 2 - Aerial Map
Attachment 3 - 2/8/2024 DRB staff report, resolution
Attachment 4 - Appeal
Attachment 5 - 5/14/2024 City Council agenda report, resolution Attachment 6 - 12/10/2024 City Council agenda report, resolution Attachment 7 - continuance request to 1/9/2025
Attachment 8 - Shiller letters
Attachment 9 - Public Notice
Attachment 10 - DRB approved plans and renderings
Attachment 11 - Order of Testimony for hearing
Applicant Team Comments
Appellant Attorney Comments
Public Comments in support of Appeal
Public Comments in Support of Appeal
Public Comments in Support of Appeal
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:
CITY COUNCIL ANNUAL STRATEGIC PLANNING WORKSHOP
FRIDAY, JANUARY 31, 2025
8:30 A.M. - 4:00 P.M.
THEN TO THE CITY COUNCIL SPECIAL MEETING
ON PROMENADE PLANS AND SCOPE
TUESDAY, FEBRUARY 4, 2025
6:00 P.M. - 8:00 P.M.
THEN TO THE CITY COUNCIL REGULAR MEETING
TUESDAY, FEBRUARY 11, 2025
INTERVIEWS & APPOINTMENTS TO COMMITTEES & BOARD AT 3:00 P.M.
CLOSED SESSION AT 4:00 P.M. AND
REGULAR CITY COUNCIL MEETING AT 5:00 P.M.
LAGUNA BEACH CITY HALL
COUNCIL CHAMBERS
505 FOREST AVENUE, LAGUNA BEACH, CA
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.