AGENDA
TUESDAY, FEBRUARY 25, 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 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 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.
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
LAURA PARISI, City Treasurer
ANN MARIE McKAY, City Clerk
***CLOSED SESSION - 3:45 P.M.***
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 REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 2307 and 2535 Laguna Canyon Road, Laguna Beach
Negotiating Party: George R. Burkhardt Trusts A, B, and C
Under Negotiation: Price and Terms of Payment
2. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)--Four (4) cases:
(a) Temple Hills Land Company v. City of Laguna Beach, et al., United States District Court, Case No. 8:24-cv-00605-JLS-ADS (b) Dornin v. City of Laguna Beach, Orange County Superior Court, Case No. 30-2021-01183025-CU-WM-CJC (c) Laguna Beach Historic Preservation Coalition v. City of Laguna Beach, Orange County Superior Court Case No. 30-2021-01178477 (d) Laguna Beach Historic Preservation Coalition et al. v. California Coastal Commission et al., San Diego County Superior Court Case No. 37-2022-00041130-CU-TT-CTL
3. PUBLIC EMPLOYMENT
Pursuant to Government Code section 54957(b)(1)
Title: City Attorney
4. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Scott Tiedemann, Special Employment Counsel, Liebert Cassidy Whitmore
Unrepresented Employee: City Attorney
C.
RECESS FROM CLOSED SESSION, RETURN TO OPEN SESSION
***REGULAR MEETING - 5:00 P.M.***
A.
ROLL CALL – 5:00 P.M.
B.
PLEDGE OF ALLEGIANCE - Councilmember Kempf
C.
CLOSED SESSION ANNOUNCEMENT(S).
A Closed Session report shall be provided, as required pursuant to California Government Code Section 54950 et seq.
D.
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.
E.
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.
F.
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.
G.
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).
1. MINUTES OF THE CITY COUNCIL MEETINGS
Recommendation: It is recommended by the City Clerk that the City Council approve the minutes of the City Council Annual Strategic Planning Session of January 31, 2025, the City Council/Planning Commission Joint Promenade Study Session of February 4, 2025, and the Regular Meeting of the City Council of February 11, 2025.
Minutes
2. APPROVAL OF GENERAL WARRANTS AND PAYROLL DISTRIBUTIONS Warrant #16: $2,059,174.05 01/31/2025
Payroll # 16: $1,888,116.33 02/07/2025
Total: $3,947,290.38
Recommendation: Approve the general warrants and payroll disbursements.
Agenda Report
3. MONTHLY INVESTMENT REPORT (DECEMBER 2024)
Recommendation: Receive and file the December 2024 monthly investment report, with submissions from the City Treasurer and the City’s longer-term investment manager, Meeder Investments.
Agenda Report
4. CLAIMS AGAINST THE CITY
Recommendations:
(1) Reject Claim #25-04 filed by Michelle Shannon; and
(2) Reject Claim #25-03 filed by Gaspare Licata.
Agenda Report
5. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 18.28 OF THE LAGUNA BEACH MUNICIPAL CODE REQUIRING USE OF QUIET PICKLEBALL PADDLES OR SIMILAR EQUIPMENT AT LANG PARK 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, ADDING SECTION 18.28.070 TO CHAPTER 18.28 (USE OF PARKS) OF TITLE 18 (BEACH AND PARKS) OF THE LAGUNA BEACH MUNICIPAL CODE TO REQUIRE USE OF USA PICKLEBALL QUIET CATEGORY PICKLEBALL PADDLES OR SIMILARLY AUTHORIZED NOISE REDUCING EQUIPMENT AT LANG PARK AND FINDING THE ACTION IS NOT A PROJECT REQUIRING FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT”; (2) Direct staff to return with the Ordinance for a second reading at the March 11, 2025, Regular City Council meeting; and (3) Find that this Ordinance is not subject to the California Environmental Quality Act (“Public Resources Code section 21000 et seq.) because it does not qualify as a “project” under CEQA, or in the alternative, finding the Ordinance exempt from CEQA under State CEQA Guidelines 15061(b)(3).
Agenda Report
Public Comments
6. PLANNING DIVISION UDPATE AND WORKLOAD SUMMARY THROUGH FEBRUARY 12, 2025 Recommendation: Receive and file the Planning Division Workload Summary, which covers the period from September 2024 through February 10, 2025.
Agenda Report
7. AWARD OF CONTRACT FOR PRELIMINARY DESIGN OF A POTENTIAL THIRD LEVEL OF THE GLENNEYRE PARKING STRUCTURE Recommendations:
(1) Award and authorize the City Manager to execute a contract with IDS Group, in the amount of $278,306, for engineering services for Glenneyre Parking Structure Partial 3rd Deck Addition; (2) Authorize the City Manager to approve project-related expenses and contract change orders for unforeseen circumstances in an amount not to exceed $25,000; and (3) Find that these actions are not subject to the California Environmental Quality Act ("Public Resources Code section 21000 et seq.) because it does not qualify as a "project" under CEQA, or in the alternative, finding the actions are exempt from CEQA under State CEQA Guidelines 15061(b)(3).
Agenda Report
8. PREVIEW OF A PROPOSED ORDINANCE ADDING CHAPTER 5.84 TO THE LAGUNA BEACH MUNICIPAL CODE REGARDING CREATION OF A LICENSING SCHEME FOR SHORT-TERM LODGING UNITS TO AID WITH MANAGEMENT AND ENFORCEMENT EFFORTS FOR UNAUTHORIZED SHORT-TERM LODGING UNITS Recommendations:
(1) Review and provide feedback, if any, to staff on the attached draft Ordinance titled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ADDING CHAPTER 5.84 TO TITLE 5 OF THE LAGUNA BEACH MUNICIPAL CODE REGARDING LICENSING OF SHORT-TERM LODGING UNITS AND FINDING THE ORDINANCE IS NOT A PROJECT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT”; (2) Direct staff to contact the online short-term rental facilitators (such as Airbnb, VRBO, and all other online short-term lodging facilitators) to advise them of the proposed obligations in the draft Ordinance; and (3) Direct staff to return with the Ordinance, revised to reflect any City Council-directed feedback, for first reading at a regular City Council meeting in April 2025.
Agenda Report
9. RESOLUTION ESTABLISHING THE ECONOMIC DEVELOPMENT POLICY AND RELATED ECONOMIC INCENTIVES TO ENCOURAGE BUSINESS DEVELOPMENT IN THE CITY Recommendation: Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ESTABLISHING THE ECONOMIC DEVELOPMENT POLICY AND RELATED ECONOMIC INCENTIVES TO ENCOURAGE BUSINESS DEVELOPMENT IN THE CITY.” Agenda Report
Public Comment
10. REVIEW OF PROPOSED SCOPE OF SERVICES FOR RETAIL CONSULTANT TO SUPPORT ECONOMIC DEVELOPMENT Recommendation: Review and approve the proposed Scope of Services for a Retail Consultant to support economic development in the community.
Agenda Report
Public Comment
11. TRANSFER OF AN APPROPRIATION FOR ADDITIONAL DUE DILIGENCE COSTS RELATED TO THE ACQUISITION OF REAL PROPERTY LOCATED AT 2307 & 2535 LAGUNA CANYON ROAD (APNS: 632-101-10 AND 632-091-12 Recommendations:
(1) Approve a transfer of funds from the Capital Improvement Fund – Future Facilities Project; and; (2) Appropriate $25,000 in the General Fund for an air quality assessment.
Agenda Report
H.
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.
12. APPOINTMENT OF TWO CITY COUNCIL MEMBERS TO AD HOC COMMITTEE TO REVIEW FISCAL YEAR 2025-26 COMMUNITY ASSISTANCE GRANT APPLICATIONS Recommendations:
(1) Appoint two City Council members to form an ad hoc committee responsible for reviewing the Fiscal Year 2025-26 Community Assistance Grant applications; and (2) Direct the ad hoc committee to report back to the City Council with grant award recommendations at the June 24, 2025, City Council meeting.
Agenda Report
13. CITY CONTRIBUTION FOR PROPOSED UNDERGROUND UTILITY ASSESSMENT DISTRICT 2021-1 (WEST STREET) Recommendations:
(1) Consider the request from the West Street proponents for the additional City Contribution toward a public safety benefit of undergrounding the neighborhood adjacent to open space; (2) Provide direction to the City Manager on the amount of additional contribution, if any, the City should contribute towards the Undergrounding Utility Assessment District 2021-1; and (3) Approve the use of an appropriation from the Street Lighting and Utility Fund for the underground utility project contribution.
Agenda Report
Public Comments
Public Comments
14. ADOPTION OF THE LAGUNA BEACH CLIMATE ACTION AND ADAPTATION PLAN AND DETERMINING THAT SUCH ADOPTION BE EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Recommendations:
(1) Adopt the Laguna Beach Climate Action and Adaptation Plan; and (2) Determine that such approval is exempt under the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15307 and 15308.
Agenda Report
Public Comments
15. RESOLUTION SUPPORTING FURTHER ANALYSIS OF PETITION 2023-24MPA TO EXTEND THE NO-TAKE LAGUNA BEACH STATE MARINE CONSERVATION AREA’S SOUTHERN BOUNDARY TO THE CITY’S SOUTHERN COASTAL BOUNDARY OFF THREE ARCH BAY Recommendation: Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, SUPPORTING FURTHER ANALYSIS OF PETITION 2023-24MPA TO EXTEND THE NO-TAKE LAGUNA BEACH STATE MARINE CONSERVATION AREA’S SOUTHERN BOUNDARY TO THE CITY’S SOUTHERN COASTAL BOUNDARY OFF THREE ARCH BAY.” Agenda Report
Public Comments
Public Comments
I.
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.
16. AMENDMENTS TO TITLE 25 (ZONING) OF THE MUNICIPAL CODE AND LOCAL COASTAL PROGRAM AS MODIFIED BY THE CALIFORNIA COASTAL COMMISSION; AND DETERMINING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 Recommendations:
(1) Waive full reading and introduce by title only, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING CERTAIN PORTIONS OF TITLE 25 OF THE LAGUNA BEACH MUNICIPAL CODE AND THE CITY’S LOCAL COASTAL PROGRAM, AS MODIFIED BY THE CALIFORNIA COASTAL COMMISSION; AND DETERMINING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166”; (2) Direct staff to draft a resolution of the City Council acknowledging receipt of the Coastal Commission’s resolution of certification, including any terms or modifications which have been suggested for final certification; accepting and agreeing to such terms and modifications, evidencing formal action taken to satisfy the terms and modifications (e.g. implementation of ordinances); and agreeing to issue coastal development permits for the total area included in the certified local coastal program, as amended; and (3) Direct staff to schedule City Council consideration of adoption of the above-mentioned ordinance and resolution at the March 11, 2025, City Council meeting.
Agenda Report
17. CONTINUANCE OF AN 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 Recommendation: Open the public hearing and continue Zoning Ordinance Amendment 24-2343 and Local Coastal Program Amendment 24-2344 to the March 11, 2025, City Council meeting.
Agenda Report
18. CONTINUANCE OF AN URGENCY 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 Recommendation: Open the public hearing and continue the amendment to Interim Land Use Ordinance No. 1707 to the March 11, 2025, City Council meeting.
Agenda Report
J.
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.
K.
ADJOURNMENT.
The Laguna Beach City Council will adjourn from the Open Session to continue its Closed Session, then adjourn from its Closed Session to its next regular or other meeting, tentatively set for:
TUESDAY, MARCH 11, 2025
LAGUNA BEACH CITY HALL
COUNCIL CHAMBERS
505 FOREST AVENUE, LAGUNA BEACH, CA
STUDY SESSION AT 3:00 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 February 25, 2025
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