Laguna Beach — 2023-11-07

1. You may submit comments on any agenda item on the agenda in writing via mail to the\nCity Clerk at: 505 Forest Avenue, Laguna Beach, CA. 92651 or by email to\namckay@lagunabeachcity.net or by using this comment form: Comment Form. Please\nsend your comments to the City Clerk no later than 3:00 p.m. on November 6, 2023 (the\nday before the City Council meeting) in order for your comments to be submitted to the\nmembers of the City Council with sufficient time to review the comments. You may\ncontinue to provide written comments up to 12:00 p.m. on November 7, 2023 (the day\nof the meeting). Please note that while these comments will be provided to the City\nCouncil at 2:00 p.m. on November 7, 2023, the Councilmembers may not have\nsufficient time to review them prior to the meeting. Written comments WILL NOT be\nread aloud during the City Council Meeting. Please note that written comments are\nposted on the City's website, so do not include any personal information you do not\nwant posted on the web. Any comments received after the deadline for submittal may\nnot become part of the public record for that meeting. For comments submitted on a\ntopic not on the agenda, please indicate that you would like your comments included in\nthe official record for this meeting.

2. You may view the meeting live on Cox cable channel 852 and online on the City of\nLaguna Beach website: www.lagunabeachcity.net/meetings

3. WARRANT LISTING\nWarrants: $2,453,657.29 10/13/2023\nPayroll #8 $1,666,796.46 10/20/2023\nTotal $4,120,453.75\nRecommendation: Approve the general warrants and payroll disbursements.

4. CITY TREASURER’S MONTHLY INVESTMENT REPORT FOR SEPTEMBER 2023\nRecommendation: It is recommended by the City Treasurer that the City Council\nreceive and file the Monthly Investment Report for September 2023.\nStaff Report

5. FISCAL YEAR 2023-2024 CARRYOVER APPROPRIATIONS\nRecommendations:\n(1) Carryover appropriations of $20,830,400 to Fiscal Year 2023-24 to provide\ncontinuing funding for projects in progress at the end of the last fiscal year; and\n(2) Carryover revenue estimates of $8,839,500 expected to be received in Fiscal\nYear 2023-24.\nStaff Report

6. RESOLUTION CONCERNING THE FISCAL YEAR 2024-25 TO 2029-30\nFEDERAL TRANSPORTATION IMPROVEMENT PROGRAM\nRecommendation: It is recommended that the City Council adopt the Resolution titled,\n“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH,\nCALIFORNIA, WHICH CERTIFIES THAT THE CITY OF LAGUNA BEACH HAS\nTHE RESOURCES TO FUND THE PROJECTS IN THE FISCAL YEAR 2024-25\nTO 2029-30 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM AND\nAFFIRMS ITS COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE\nPROGRAM.”\nStaff Report\nREGULAR ORDER\n11/3/23, 12:06 PM lagunabeachcity.granicus.com/GeneratedAgendaViewer.php?view_id=3&event_id=2461\nThe Regular Order of Business section of the Agenda is designed for items that will require separate\ndiscussion and citizen input before the City Council makes a determination of the items.

7. EXTENSION OF THE OUTDOOR DINING AND PARKLET PROGRAM; AND\nFINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE\nCEQA GUIDELINES SECTIONS 15301 AND 15304 [PUBLIC HEARING]\nRecommendations:\n(1) Hold a public hearing on the extension of the Outdoor Dining and Parklet\nProgram, consider public testimony, deliberate, and adopt a Resolution titled, “A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH,\nCALIFORNIA, EXTENDING THE OUTDOOR DINING AND PARKLET\nPROGRAM; AND FINDING THE PROJECT CATEGORICALLY EXEMPT\nFROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT\nTO STATE CEQA GUIDELINES SECTIONS 15301 AND 15304”; and\n(2) Determine that the extension of the Outdoor Dining and Parklet Program is\ncategorically exempt from the California Environmental Quality Act pursuant to\nState CEQA Guidelines sections 15301 and 15304.\nStaff Report\nCOUNCILMEMBER ITEM

8. CONSIDER THE RELEASE OF CERTAIN INFORMATION PROTECTED AS\nCONFIDENTIAL, AND BY THE ATTORNEY-CLIENT PRIVILEGE,\nRELATING TO (1) THE SEPARATION AGREEMENT WITH THE FORMER\nCITY MANAGER AND (2) THE REPORT PREPARED BY OUTSIDE\nCOUNSEL REGARDING THE FORMER CITY MANAGER’S PERSONNEL\nCOMPLAINT (WHALEN)\nRecommendations: It is recommended by Mayor Bob Whalen that the City Council\nfirst consider whether to waive the confidentiality of certain Closed Session\ndiscussions surrounding the separation agreement, then consider the following options\nas to the Report:\n(1) The City Council may decline to release the Report, make the Closure Letter\npublicly available, and issue a statement that it is satisfied so that there is no need\nfor further investigation or action and that the matter is closed.; and\n(2) The City Council may waive, in part, the attorney-client privilege as to certain\nsections of the Rep01t for the purpose of communicating the allegations\ninvestigated, methodology, and investigator’s findings.\nMemo\nPUBLIC HEARING FOR APPEAL\nA. APPEAL OF THE DENIAL OF DESIGN REVIEW 23-1553 TO EXTEND THE\nELEVATED DECK AREA BEYOND THE CITY COUNCIL CONDITIONED\nSQUARE FOOTAGE AND MINOR MODIFICATIONS TO THE DOORS AND\n11/3/23, 12:06 PM lagunabeachcity.granicus.com/GeneratedAgendaViewer.php?view_id=3&event_id=2461\nWINDOWS AT 1587 ATLANTIC WAY IN THE RESIDENTIAL/HILLSIDE\nPROTECTION ZONE AND FINDING THAT NO FURTHER\nENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO STATE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION\n15162\nRecommendations:\n(1) Partially grant the appeal (DR 23-1553) as to the modifications to the windows\nand doors, and partially deny the appeal as to the modifications to the elevated\ndeck, partially reverse the Administrative Design Review decision as to the\nmodification to the doors and windows, and partially uphold the Administrative\nDesign Review as to the elevated deck, and adopt a resolution that sets forth the\nfindings to grant the modification to the doors and windows and deny the\nmodification to the elevated deck;and\n(2) Make findings pursuant to the California Environmental Quality Act that no\nfurther environmental review is required pursuant to State California\nEnvironmental Quality Act Guidelines section 15162.\nStaff Report