Laguna Beach — 2023-01-10

1. PROCLAMATION RECOGNIZING SUE KEMPF FOR HER SERVICE AS\nMAYOR FOR THE 2022 TERM\nRecommendation: Adopt the Proclamation recognizing Sue Kempf for her service as\nMayor for the 2022 Term.\nProclamation

10. RESOLUTION DECLARING CITY-OWNED PROPERTY AT 31729 AND\n31735 COAST HIGHWAY AS SURPLUS PROPERTY AND FINDING THAT\nSUCH DECLARATION IS EXEMPT UNDER THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT\nRecommendation: Adopt the Resolution titled, “A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DECLARING\nTHAT PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL\nPROPERTY OWNED BY THE CITY AT 31729 AND 31735 COAST HIGHWAY\n(APNS: 658-101-39; -40) IS SURPLUS LAND AND NOT NECESSARY FOR THE\nCITY’S USE, AUTHORIZING THE CITY MANAGER TO COMPLY WITH THE\nPROCEDURES UNDER THE SURPLUS LAND ACT, AND DETERMINING\nSUCH DECLARATION AND AUTHORIZATION TO BE EXEMPT UNDER THE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT.”\nStaff Report

11. ACCEPTANCE OF GRANT FROM THE CALIFORNIA DEPARTMENT OF\nRESOURCES, RECYCLING AND RECOVERY\nRecommendations:\n(1) Authorize the City Manager to accept a $30,600 grant from the California\nDepartment of Resources, Recycling and Recovery; and\n(2) Appropriate $30,600 with a matching increase in estimated grant revenues to\nassist with regulation requirements associated with Senate Bill 1383.\nStaff Report

12. DESIGNATION OF ASSISTANT CITY MANAGER AS PRIMARY CITY\nREPRESENTATIVE ON THE LAGUNA BEACH TOURISM MARKETING\nDISTRICT BOARD OF DIRECTORS\nRecommendation: Designate the Assistant City Manager position as the Primary City\nRepresentative on the Laguna Beach Tourism Marketing District Board of Directors.\nStaff Report

13. RATIFY MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF\nLAGUNA BEACH AND THE LAGUNA BEACH POLICE EMPLOYEES’\nASSOCIATION\nRecommendations:\n(1) Adopt the Resolution titled “A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF LAGUNA BEACH, CALIFORNIA, RATIFYING THE\nMEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE\nLAGUNA BEACH POLICE EMPLOYEES’ ASSOCIATION;” and\n(2) Authorize the City Manager to modify the Fiscal Year 2022-23 Adopted Budget\nby transferring funding already appropriated and appropriating $100,000 from\nthe General Fund available fund balance.\nStaff Report

14. RATIFY MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF\nLAGUNA BEACH AND THE LAGUNA BEACH MARINE SAFETY\nASSOCIATION\nRecommendations:\n(1) Adopt the Resolution titled "A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF LAGUNA BEACH, CALIFORNIA, RATIFYING THE\nMEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE\nLAGUNA BEACH MARINE SAFETY ASSOCIATION;" and\n(2) Authorize the City Manager to modify the Fiscal Year 2022-23 Adopted Budget\nby transferring funding already appropriated.\nStaff Report

15. CONTINUED PUBLIC HEARING AND BALLOTING FOR PROPOSED\nUNDERGROUND UTILITY ASSESSMENT DISTRICT 2013-2 (DIAMOND\nSTREET)\nRecommendations:\n(1) Receive and file the proposed Undergrounding Utility Assessment District 2013-\n2 report;\n(2) Open the public hearing for public comments;\n(3) Close the public hearing and call for submittal of any final ballots;\n(4) Direct staff to proceed with tallying ballots in Conference Room A, and invite\nthe public to observe the tallying process;\n(5) Postpone the item until the ballot tally is complete and then resume the meeting\non the item, asking staff to report the ballot results; and\n(6) Review the balloting results, and if the majority of weighted ballots are in favor\nof the proposed assessment district; then:\na. Adopt the Resolution titled, “A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA,\nCONFIRMING ASSESSMENTS IN UNDERGROUND UTILITY\nASSESSMENT DISTRICT NO. 2013-2, ORDERING THE\nPROPOSED IMPROVEMENTS TO BE MADE, AND\nDESIGNATING THE ASSISTANT CITY MANAGER/CHIEF\nFINANCIAL OFFICER OR THE CITY TREASURER TO\nCOLLECT AND RECEIVE MONEY”;\nb. Adopt the Resolution titled, “A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA,\nAWARDING THE CONTRACT FOR CONSTRUCTION OF\nIMPROVEMENTS IN UNDERGROUND UTILITY ASSESSMENT\nDISTRICT NO. 2013-2 SUBJECT TO RECEIPT OF BOND\nPROCEEDS,” awarding a construction contract to Hot Line\nConstruction in the amount not to exceed $1,328,603;\nc. Contribute $204,001 for the General Benefit cost from the Street\nLighting and Utility Fund prior to bonds being sold; and\nd. Authorize the City Manager to approve project related expenses and\nconstruction change orders for unforeseen circumstances for an\namount not-to-exceed $133,000. OR\n(7) If there is not a majority of weighted ballots in favor of the proposed\nassessment district, then declare the proposed Underground Utility Assessment\nDistrict 2013-2 (Diamond Street) abandoned for lack of majority support.\nStaff Report

16. INTRODUCTION AND FIRST READING OF ORDINANCES ADOPTING\n2022 CALIFORNIA BUILDING AND FIRE CODES, INCLUDING PROPOSED\nLOCAL AMENDMENTS, AND EXEMPTION FROM CALIFORNIA\nENVIRONMENTAL QUALITY ACT\nRecommendation: Introduce the two Ordinances adopting the 2022 Editions of the\nCalifornia Building, Residential, Fire, Mechanical, Plumbing, Electrical, and Green\nBuilding Codes and local amendments to Title 14 and 15, and determining that this\naction is exempt from environmental review in accordance with the California\nEnvironmental Quality Act (CEQA) under State CEQA Guidelines Section 15061(b)\n(3), by 1) asking the City Clerk to read the titles of both Ordinances and 2) approving\na motion to waive further reading of the Ordinances and to pass them to a second\nreading.\nStaff Report

17. FIRST READING OF AN ORDINANCE AMENDING LAGUNA BEACH\nMUNICIPAL CODE CHAPTER 25.95 REGARDING REGULATION OF\nSINGLE FAMILY RESIDENTIAL ONE- AND TWO-UNIT DEVELOPMENTS\nAND URBAN LOT SPLITS PURSUANT TO CALIFORNIA SENATE BILL 9,\nAND CATEGORICAL EXEMPTION UNDER CALIFORNIA\nENVIRONMENTAL QUALITY ACT\nRecommendation: Introduce the attached Ordinance, which adopts a permanent\nordinance to replace the urgency ordinance implementing Senate Bill 9 requirements\nby: 1) asking the City Clerk to read the title of the Ordinance; and 2) approving a\nmotion to waive further reading of the Ordinance and to pass it to second reading.\nStaff Report

18. PRESENTATION OF THE DRAFT PARKING AND TRANSPORTATION\nDEMAND MANAGEMENT REPORT, AND AMENDMENT TO THE\nASSOCIATED SERVICE PROVIDER AGREEMENT (WHALEN AND\nKEMPF)\nIt is recommended by Mayor Whalen and Mayor Pro Tem Kempf that the City\nCouncil:\n(1) Review the draft Parking and Transportation Demand Management report,\nreceive public input, and provide direction as appropriate for the subcommittee’s\npreparation of the final report;\n(2) Direct staff to work with the subcommittee on drafting a funding and\nimplementation plan for all short-term non-parking infrastructure opportunities\nand improvements;\n(3) Direct staff to work with the subcommittee on developing a priority list of\nparking infrastructure sites to further study and pursue (both involving and not\ninvolving a parking structure); and\n(4) Amend Agreement #22-44 with Fehr & Peers to complete the final report for an\nadditional $26,000. PUBLIC HEARING FOR APPEAL\nStaff Report\nPUBLIC HEARING FOR APPEAL\n(Noticed for 5:00 p.m., or as soon thereafter as the matter can be heard)\nA. APPEAL OF CEQA CATEGORICAL EXEMPTION FOR APPROVAL OF\nDESIGN REVIEW 22-1793 AT 1902 OCEAN WAY\nRecommendation: Adopt the Resolution titled, “A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DENYING THE\nAPPEAL OF THE DIRECTOR OF COMMUNITY DEVELOPMENT’S\nAUTHORIZED DESIGNEE APPROVAL OF CATEGORICAL EXEMPTION FOR\nDESIGN REVIEW 22-1793 AT 1902 OCEAN WAY.”\nStaff Report\nAppellant Communications

2. YEARS OF SERVICE RECOGNITION\nRecommendation: Recognize the employees listed in the agenda report for their years\nof service to the City of Laguna Beach.\nStaff Report

3. RESOLUTION CALLING FOR THE CITY OF LAGUNA BEACH TO STAND\nIN SOLIDARITY WITH IRANIAN PEOPLE AND THOSE SUFFERING\nFROM OPPRESSIVE REGIMES (ROUNAGHI AND WHALEN)\nRecommendation: It is recommended by Mayor Whalen and Councilmember\nRounaghi that the City Council adopt the Resolution titled, “A RESOLUTION OF\nTHE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA,\nDECLARING SUPPORT OF THE IRANIAN AMERICAN COMMUNITY AND\nSUPPORTING SANCTIONS AGAINST THE GOVERNMENT OF IRAN.”\nStaff Report

5. WARRANT LISTING\nWarrants: $1,697,196.17 12/09/2022\nPayroll #11 $1,339,102.00 12/02/2022\nPayroll #12 $1,858,947.42 12/16/2022\n$3,198,049.42\nTotal $4,895,245.59\nRecommendation: Approve the general warrants and payroll disbursements.\nStaff Report

6. CLAIMS AGAINST THE CITY\nRecommendations:\n(1) Reject claim #22-31 filed by Carolyn Camille Chaney;\n(2) Reject claim #22-39 filed by Beau Adam Moneymaker; and\n(3) Reject claim #22-45 filed by Kyle Wong.\nStaff Report

7. SEISMIC ASSESSMENT OF CRITICAL CITY FACILITIES\nRecommendation: Receive the Seismic Assessment of Critical City Facilities Report\nand direct staff to include funding for further evaluation and analysis of all critical city\nfacilities in future budget requests.\nStaff Report

8. PURCHASE OF MARINE SAFETY VEHICLES\nRecommendations:\n(1) Authorize the City Manager to purchase four Toyota 4Runners for an amount\nnot-to-exceed $210,000;\n(2) If Toyota of Orange is unable to provide the vehicles due to inventory shortage,\nthen authorize the City Manager to purchase the approved vehicles from Capo\nValley Toyota or Santa Margarita Toyota for an amount not-to-exceed $227,000;\nand\n(3) Authorize the City Manager to enter into a service agreement with 911 Vehicle\nof Orange County, in the amount not-to-exceed $118,000 to convert the vehicles for\nMarine Safety operations.\nStaff Report

9. LOCAL COASTAL PROGRAM AMENDMENT 22-1745, AMENDING TABLE\n5-1 (ALLOWED USES AND PERMIT REQUIREMENTS) OF THE\nDOWNTOWN SPECIFIC PLAN RELATING TO ALL EATING AND\nDRINKING ESTABLISHMENTS\nRecommendation: It is recommended by the Planning Commission that the City\nCouncil adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING LOCAL COASTAL\nPROGRAM AMENDMENT 22-1745 AMENDING TABLE 5-1 (ALLOWED USES\nAND PERMIT REQUIREMENTS) OF THE DOWNTOWN SPECIFIC PLAN TO\nREQUIRE A CONDITIONAL USE PERMIT FOR EATING AND DRINKING\nESTABLISHMENTS” amending the City’s Local Coastal Program, and requesting\ncertification by the California Coastal Commission to amend Table 5-1 (Allowed Uses\nand Permit Requirements) of the Downtown Specific Plan related to eating and\ndrinking establishments.\nStaff Report