AGENDA
TUESDAY, JULY 8, 2025
REGULAR MEETING - 5:00 p.m.
Council Chambers, 505 Forest Ave., Laguna Beach, CA
Agenda (printable PDF)
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: Pursuant to Government Code Section 54954.3, members of the public may directly address the City Council on any item of interest to the public that is within the subject matter jurisdiction of the City Council. 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]. 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 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 online. 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
LAURA PARISI, City Treasurer
ANN MARIE McKAY, City Clerk
CLOSED SESSION - 4:00 P.M.
A.
ROLL CALL – 4:00 p.m.
B.
PUBLIC COMMENTS ON CLOSED SESSION AGENDA ITEMS:
Public Comment can be provided at 4:00 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 - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9 (d)(1)
Number of Cases: One (1)
Rene Baxter-Payne v. City of Laguna Beach et al, Orange County Superior Court Case No. 30-2024-01403344-CU-PO-CJC
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Initiation of Litigation pursuant to Government Code Section 54956.9(d)(4)
Number of Cases: Two (2)
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
a.
Property: 1437 Cerritos Drive, APN: 644-151-21
Agency Negotiator: Dave Kiff, City Manager
Negotiating Parties: Peter Afrasiabi
Under Negotiation: Price and Terms of Payment
b.
Property: APN: 641-171-04
Agency Negotiator: Dave Kiff, City Manager
Negotiating Parties: William Bortz
Under Negotiation: Price and Terms of Payment
c.
Property: 1000 Fernando Avenue, APN: 644-417-03
Agency Negotiator: Dave Kiff, City Manager
Negotiating Parties: The Frederick Clairmont Revoc Trust
Under Negotiation: Price and Terms of Payment
d.
Property: 265 Woodland Drive, APN: 644-231-11
Agency Negotiator: Dave Kiff, City Manager
Negotiating Parties: Emma Thier
Under Negotiation: Price and Terms of Payment
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 Whalen
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.
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. YEARS OF SERVICE RECOGNITION
Recommendation: Receive and file the report.
Agenda Report
2. INTRODUCTION OF NEW SUPERINTENDENT OF LBUSD, DR. JASON GLASS 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 that is within the subject matter jurisdiction of the City Council. 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
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 Regular Meeting of the City Council of June 10, 2025.
Minutes
4. APPROVAL OF GENERAL WARRANTS AND PAYROLL DISTRIBUTIONS
Warrant #31: $4,039,929.53 06/20/2025
Warrant #32: $ 10,092.45 06/23/2025
$4,050,021.98
Payroll #25: $1,847,593.40 06/13/2025
Total: $5,897,615.38
Recommendation: Approve the general warrants and payroll disbursements.
Agenda Report
5. CLAIMS AGAINST THE CITY
Recommendation: Reject Claim #25-18 filed by Steven Ellman.
Agenda Report
6. MONTHLY INVESTMENT REPORT (MAY 2025)
Recommendation: Receive and file the May 2025 monthly investment report, with submissions from the City Treasurer, Laura Parisi, and the City’s surplus funds investment manager, Meeder Investments.
Agenda Report
7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH TO CONFIRM WEED ABATEMENT ASSESSMENT ROLL Recommendation: Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, CONFIRMING ASSESSMENTS FOR WEED ABATEMENT,” which will direct the Fire Chief to file a copy of the 2025 report with the County Auditor on or before August 10, 2025.
Agenda Report
8. APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LAGUNA BEACH AND MOULTON NIGUEL WATER DISTRICT Recommendations:
(1) Approve the Memorandum of Understanding (MOU) between the City of Laguna Beach and Moulton Niguel Water District (MNWD) to explore collaboration on the OASIS Water Resource Center Project; (2) Authorize the City Manager to execute the MOU; and
(3) Determine that this action is not a project under Section 15378 of the California Environmental Quality Act Guidelines, and is exempt under Section 15061(b)(3), as there is no possibility it may have a significant effect on the environment.
Agenda Report
Correction
Public Comment
9. RESOLUTION ACCEPTING THE FIRE DEPARTMENT’S REPORT ON COMPLIANCE WITH STATE INSPECTION MANDATES Recommendation: Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ACKNOWLEDGING RECEIPT OF A REPORT FROM THE LAGUNA BEACH FIRE DEPARTMENT DEMONSTRATING COMPLIANCE WITH HEALTH AND SAFETY CODE SECTION 13146.4 AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,” accepting the Fire Department’s report on compliance with state inspection mandates.
Agenda Report
10. AWARD OF CONTRACT FOR GEOLOGICAL ANALYSIS & WAVE RUN-UP STUDIES FOR ENCLOSED LIFEGUARD TOWERS Recommendations:
(1) Award a contract with Engeo in the amount of $198,000 for Geological analysis and Wave Runup Studies for the enclosed lifeguard towers project across all City beaches; (2) Authorize the City Manager to execute the agreement with Engeo; (3) Authorize the City Manager to approve project-related expenses and construction change orders for unforeseen circumstances in an amount not to exceed $20,000; and (4) Determine that the project is exempt from the California Environmental Quality Act pursuant to Section 15262 (Feasibility and Planning Studies) and Section 15306 (Information Collection) of the State CEQA Guidelines.
Agenda Report
11. CITYWIDE CLASSIFICATION AND COMPENSATION STUDY UPDATE Recommendation: Receive and file this report providing a status update on the City’s Classification and Compensation study.
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.
12. REVISIONS TO UNDERGROUND UTILITY ASSESSMENT DISTRICT FORMATION POLICY Recommendations:
(1) Adopt the attached and revised “Underground Utility Assessment District Formation Policy” with the following policy changes:
a.
Remove the requirement of an initial deposit of $500 from each property owner signing the petition to initiate an assessments district. b.
Reduce the petition threshold of required signatures and initial deposits from at least 60% of the participating property owners down to at least 50%. c.
Establish a policy regarding contributions in excess of the required general benefit contribution.; (2) Acknowledge preliminarily identified potential underground utility assessment district boundaries to substantially complete residential neighborhoods with remaining overhead utilities; (3) Direct staff to coordinate with property owners, and determine if support exists to form assessment districts at the preliminarily identified potential utility undergrounding boundaries; (4) Direct staff to return with a plan to obtain the necessary easements on all private streets to complete undergrounding citywide; (5) Authorize the Ad Hoc Subcommittee for Wildfire Mitigation and Fire Safety members (Councilmembers Kempf and Whalen) to meet with staff and SCE and SDG&E to expedite the timeline for undergrounding; (6) Authorize the City Manager to provide discretionary approval for applicants of the City’s Assessment Deferment Program who do not meet the age requirements of the program; and (7) Direct staff to work with a consultant to develop more accurate project cost estimates for preliminarily identified utility undergrounding boundaries Agenda Report
Public Comment
13. CITY CLERK COMPENSATION
Recommendations:
(1) Provide direction to staff on the base salary for the elected City Clerk for Fiscal Year 25/26; (2) Provide direction to staff on whether to maintain a salary range for City Clerk, or instead set a single base salary; and (3) Provide direction to staff as to whether to maintain existing Resolution No. 24.065, “A Resolution Establishing the Compensation for the Elected City Clerk,” or amend such Resolution No. 24.065, by adopting the attached proposed Resolution, which would, in lieu of considering an annual performance-based salary or Exceptional Performance Pay (EPP) increase, establish a pre-election salary review policy.
Agenda Report
14. FURTHER STUDY FOR FESTIVAL OF ARTS SOUND POLICY FOR PROPERTY AT AND AROUND THE IRVINE BOWL AND PROCEDURAL NEXT STEPS, AND FINDING ACTIONS CATEGORICALLY EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTION 15304 Recommendations:
(1) Suspend the Festival of Arts sound policy for three days on November 7, 8 and 9, 2025 to allow the City’s sound consultant, Rincon Consultants, Inc., the opportunity to measure and analyze sound from a real-life concert to better inform whether any changes to such sound policy are necessary; (2) Authorize the additional scope of work proposed by the City’s sound consultant, Rincon Consultants, Inc., to measure and analyze sound during a real-life concert on November 7, 8 and 9, 2025 in an amount not to exceed $7,592; and (3) Find the recommended actions are exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15304, based on the findings in this staff report.
Agenda Report
J.
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.
PUBLIC HEARING FOR CITY COUNCIL REVIEW OF PLANNING COMMISSION APPROVAL OF DESIGN REVIEW 25-0697 TO MODIFY THE APPROVED EXTERIOR PAINT COLORS BY AMENDING THE PRIOR CONDITIONS OF APPROVAL ASSOCIATED WITH DESIGN REVIEW 24-0890 FOR THE FOREST AVENUE MALL AT 332-334 FOREST AVENUE IN THE CBD-1 (RESIDENT SERVING) AND CBD-2 (DOWNTOWN COMMERCIAL) DISTRICTS OF THE DOWNTOWN SPECIFIC PLAN, AND FINDING THE PROJECT CATEGORICALLY EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTION 15301 (CLASS 1) Recommendations:
1. Conduct a Public Hearing, including receiving a staff report and taking public testimony and all evidence relating the consideration of Design Review 25-0697; and
2. 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 25-0697 TO MODIFY THE APPROVED EXTERIOR PAINT COLORS BY AMENDING THE PRIOR CONDITIONS OF APPROVAL ASSOCIATED WITH DESIGN REVIEW 24-0890 FOR THE FOREST AVENUE MALL AT 332-334 FOREST AVENUE IN THE CBD-1 AND CBD-2 DISTRICTS OF THE DOWNTOWN SPECIFIC PLAN AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTION 15301 (CLASS 1)," upholding the Planning Commission’s approval of Design Review 25-0697 and finding the project categorically exempt from the California Environmental Quality Act.
Agenda Report
Public Comments - Support Project
Public Comments - Oppose Project
B.
CONTINUED APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR’S APPROVAL OF COASTAL DEVELOPMENT PERMIT 25-0036 FOR AN 810 SQUARE-FOOT, SECOND-STORY, ACCESSORY DWELLING UNIT ATTACHED TO AN EXISTING SINGLE-FAMILY RESIDENCE ABOVE THE NORTHWEST PORTION OF SUCH RESIDENCE, AND FINDING THE PROJECT CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15303 AT 1673 LOUISE STREET IN THE R-1 (RESIDENTIAL LOW-DENSITY) ZONE Recommendations:
1. Continue to conduct the Public Hearing that was opened at the June 10, 2025, City Council meeting, including receiving an updated staff report and taking public testimony and evidence relating to the consideration of Coastal Development Permit 25-0036 to construct an 810-square-foot, second-story, accessory dwelling unit attached to an existing single-family residence above the northwest portion of such residence; and
2. Adopt a Resolution titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE COMMUNITY DEVELOPMENT DIRECTOR’S APPROVAL OF COASTAL DEVELOPMENT PERMIT 25-0036 FOR AN 810 SQUARE-FOOT, SECOND STORY, ACCESSORY DWELLING UNIT ATTACHED TO AN EXISTING SINGLE-FAMILY RESIDENCE AT 1673 LOUISE STREET IN THE R-1 (RESIDENTIAL LOW-DENSITY) ZONE, AND FINDING THE ACTION CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTION 15303," upholding the Community Development Director’s conditional approval of Coastal Development Permit 25-0036.
Agenda Report
Supplemental Staff Report (posted at 6:40pm on 7/8/2025) Public Comments (support appeal, oppose project)
Public Comments (support project)
K.
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.
L.
ADJOURNMENT. The Laguna Beach City Council will adjourn to:
THE CITY COUNCIL CLOSED SESSION
AT 4:00 P.M. AND REGULAR MEETING AT 5:00 P.M.
TUESDAY, JULY 22, 2025
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.
Laguna Beach Regular City Council Meeting Agenda July 8, 2025
-5-
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.