Laguna Beach — 2024-05-14

1. YEARS OF SERVICE RECOGNITION\nRecommendation: Receive and file the report.\nAgenda Report

10. PUBLIC HEARING REGARDING THE ANNUAL SIDEWALK AND\nINTERSECTION VISIBILITY NUISANCE ABATEMENT PROGRAM\nRecommendations:\n(1) Conduct a public hearing to hear protests regarding any noticed nuisance as\nestablished by Resolution No. 24.020;\n(2) Allow or overrule any protests based on facts or circumstances presented by\nprotestors;\n(3) Direct the Director of Public Works & Utilities to abate all noticed nuisances\nestablished by Resolution No. 24.020, for Properties 1-24, if not removed by May\n31, 2024; and\n(4) Find the abatement of public nuisances exempt from California Environmental\nQuality Act pursuant to State CEQA Guidelines section 15304.\nAgenda Report

11. FIRST READING OF ORDINANCE UPDATING THE CITY’S CAMPAIGN\nCONTRIBUTION REGULATIONS\nRecommendation: It is recommended by City Clerk that the City Council introduce\nand conduct a first reading, proceed by title only, and waive further reading in full of\nan Ordinance titled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY\nOF LAGUNA BEACH, CALIFORNIA, AMENDING CHAPTER 1.14 OF TITLE 1\n(GENERAL PROVISIONS) OF THE LAGUNA BEACH MUNICIPAL CODE TO\nUPDATE THE CITY’S CAMPAIGN CONTRIBUTION REGULATIONS.”\nAgenda Report

12. LEASE AGREEMENT WITH THE GIRL SCOUTS FOR CITY-OWNED\nPROPERTY AT 190 HIGH DRIVE\nRecommendations:\n(1) Authorize the City Manager to execute a lease agreement with the Girl Scouts\nof Orange County for the continued use of City-owned property at 190 High\nDrive;\n(2) Determine that the recommended action is categorically exempt from the\nCalifornia Environmental Quality Act (CEQA) pursuant to State CEQA\nGuidelines Section 15301 (Existing Facilities); and\n(3) Direct staff to file and post a Notice of Exemption consistent with the above-\nstated CEQA finding within five days of this approval.\nAgenda Report

13. CONSIDERATION OF ISSUING LETTERS OF INTENT FOR PROPOSALS\nRESPONDING TO THE CITY’S LOCAL HOUSING TRUST FUND NOTICE\nOF FUNDING AVAILABILITY RELEASED ON APRIL 10, 2024\nRecommendation: Authorize the City Manager to issue letters of intent to the\nfollowing proposals that responded to the City’s Local Housing Trust Fund Notice of\nFunding Availability:\na. West Development Ventures / Fullerton Development Partners for an\namount not to exceed $3,000,000; and\nb. Related California for an unknown amount.\nAgenda Report (REVISED)

14. REASSIGNMENT AND EXTENSION OF THE ALICE COURT (450\nGLENNEYRE) GROUND LEASE AND EXTENSION OF AFFORDABILITY\nTERM\nRecommendation: Approve and authorize the City Manager to execute the following\ndocuments, in substantially similar form to the versions attached to the agenda report,\nand subject to minor modifications by the City Manager or City Attorney:\na. Second Amendment and Assignment and Assumption of Ground Lease;\nb. Estoppel Certificate; and\nc. Regulatory Agreement and Declaration of Restrictive Covenants.\nAgenda Report

15. DISCUSSION REGARDING CERTAIN ACTIVITIES ON SOUTH COUNTY\nBEACHES, INCLUDING PROPANE AND WOOD-BURNING FIRE PITS,\nSIGNAGE FOR NATURALLY OCCURRING HAZARDS, MARINE SAFETY\nOPERATIONS, AND PUBLIC WORKS MAINTENANCE OPERATIONS;\nINTRODUCE FIRST READING OF FIRE PIT ORDINANCE, AND FINDING\nSAID ACTION EXEMPT FROM CALIFORNIA ENVIRNMENTAL QUALITY\nACT\nRecommendations:\n(1) Receive presentations on certain activities on Aliso Beach, including Propane\nand Wood-Burning Fire Pits, Signage for Naturally Occurring Hazards, Marine\nSafety Operations, and Public Works Maintenance Operations;\n(2) Take the following actions with respect to Propane and Wood-Burning Fire\nPits:\na. Specify the number, up to seven (7), of wood-burning fire pits at Aliso\nBeach, identify the specific locations for each fire pit, and direct staff\nto install such fire pits as expeditiously as possible;\nb. Consistent with the proposed Ordinance, direct staff to prepare and\nreturn at a future meeting with a City Council Resolution to\nmemorialize the number and locations of the City-designated fire pits\nat Aliso Beach, and any additional fire pit operational restrictions on\nsuch City-designated fire pits;\nc. Appropriate $20,000 from the South Laguna Fund for the purchase\nof the wood-burning fire pits;\nd. Introduce by title only, and waive full reading of an Ordinance titled,\n" AN ORDINANCE OF THE CITY OF LAGUNA BEACH,\nCALIFORNIA, AMENDING SECTION 18.04.065 OF CHAPTER\n18.04 OF TITLE 18 AND SECTION 15.01 OF TITLE 15 OF THE\nLAGUNA BEACH MUNICIPAL CODE, RELATING TO USE OF\nFIRES; AND DETERMINING THE PROJECT TO BE\nCATEGORICALLY EXEMPT FROM THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT PURSUANT TO STATE\nCEQA GUIDELINES SECTIONS 15301, 15302, 15303, AND 15304";\n(3) Take the following actions with respect to Marine Safety Operations: authorize\nCity staff to extend the trial period for the skimboard area for an additional 12\nmonths until June 1, 2025; and\n(4) Take the following actions with respect to Public Works Maintenance\nOperations:\na. Appropriate $450,000 from the South Laguna Fund to support\nongoing beach maintenance operations in South Laguna for FY 2023-\n24; and\nb. Authorize the City Manager to amend Agreement #20-121 with\nSpectrum Facility Maintenance, in a form approved by the City\nAttorney, to increase the total annual contract amount by $580,000.\nAgenda Report

16. APPLICATION TO REMOVE AND DE-LIST TWO TORREY PINE TREES\nLOCATED AT 465 HILLEDGE DRIVE AND 517 MYSTIC WAY FROM THE\nCITY’S HERITAGE TREE LIST; AND FINDING SAID ACTION EXEMPT\nFROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT\nRecommendation: Open the public hearing, receive testimony, close the public\nhearing, and by motion adopt a Resolution titled, “A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING HT\n21-8424, REMOVING AND DE-LISTING TWO TORREY PINE TREES LOCATED\nAT 465 HILLEDGE DRIVE AND 517 MYSTIC WAY FROM THE CITY’S\nHERITAGE TREE LIST; AND FINDING SUCH ACTION EXEMPT FROM THE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT.”\nAgenda Report

2. PROCLAMATION FOR NATIONAL PUBLIC WORKS WEEK\nRecommendation: Approve the Proclamation recognizing the week of May 19-25, 2024, as\nNational Public Works Week in the City of Laguna Beach.\nProclamation

3. PROCLAMATION RECOGNIZING THE 55TH ANNUAL PROFESSIONAL\nMUNICIPAL CLERKS WEEK MAY 5 - MAY 11, 2024\nRecommendation: Approve the Proclamation recognizing the 55th Annual Professional\nMunicipal Clerks Week May 5 - May 11, 2024.\nProclamation\nADDITIONS and DELETIONS

4. MINUTES OF THE CITY COUNCIL MEETINGS\nRecommendation: It is recommended by the City Clerk that the City Council approve\nthe minutes of the Joint Meeting of the City Council and Arts Commission and the\nRegular Meetings of the City Council of April 23, 2024.\nAgenda Report

5. WARRANT LISTING\nWarrants: $2,820,805.62 04/12/2024\n$3,239,047.07 04/26/2024\n$6,059,852.69\nPayroll #21: $1,661,816.36 04/19/2024\nTotal $7,721,669.05\nRecommendation: Approve the general warrants and payroll disbursements.\nAgenda Report

6. AGREEMENT TO ACCEPT TWO ELECTRIC RIVIAN R1S VEHICLES FOR\nDEMONSTRATION PURPOSES\nRecommendations:\n(1) Authorize the City Manager to execute a bailment agreement, and related\ndocuments, with Rivian, LLC to accept two 2023 R1S vehicles effective upon\ndelivery until July 1, 2027, or a later date as mutually agreed upon; and\n(2) Appropriate $40,000 from the Vehicle Replacement Fund for the procurement\nof charging infrastructure, as well as two sets of emergency response gear,\nincluding radios, AV equipment, emergency light bars, medical and aquatic\nresponse apparatus.\nAgenda Report

7. EXTEND THE TERM OF ENGAGEMENT WITH RUTAN & TUCKER, LLP\nTO PROVIDE SPECIAL COUNSEL LEGAL SERVICES FOR CONSULTING\nON TWO PENDING CASES OF LITIGATION AND SUCH OTHER\nSERVICES AS MAY BE NEEDED\nRecommendation: Authorize the City Manager to execute an amendment to the\nengagement letter with Rutan & Tucker, LLP to extend the term of engagement for\nRutan & Tucker, LLP to provide special counsel legal services for consulting on two\npending cases of litigation and such other services as may be needed.\nAgenda Report

8. ANNUAL MILITARY EQUIPMENT INVENTORY REPORT (AB 481)\nRecommendation: Receive and file the attached Military Equipment Use by Law\nEnforcement Report as required by California Assembly Bill 481\nAgenda Report\n8A. ACCEPT ARTWORK FOR MOSS POINT BEACH LIFEGUARD TOWER,\nCORRESPONDING BUDGET ADJUSTMENT\nRecommendations:\n1. Approve and accept artwork ("Smooth Roll Blues") for the new Moss Point\nBeach enclosed lifeguard tower;\n2. Amend the Fiscal Year 23-24 Budget by appropriating $5,000 to increase\nexpenditures by the actual cost of the installation and wrap (to be refined\nbut estimated to be up to $5,000) and increase estimated revenues by the\nsame amount; and\n3. Find that the project is exempt from the California Environmental Quality\nAct (CEQA).\nAgenda Report

9. PUBLIC HEARING FOR ANNUAL WEED ABATEMENT PROGRAM\nRecommendations:\n(1) Conduct a public hearing to hear protests regarding any noticed nuisance as\nestablished by Resolution No. 24.020;\n(2) Allow or overrule any protests based on facts or circumstances presented by\nprotestors (Mayor Kempf, Councilmembers Orgill, Rounaghi, and Weiss to\nabstain if the protest concerns properties listed in the subsequent\nrecommendations);\n(3) Direct the Fire Chief to abate all noticed nuisances established by Resolution\nNo. 24.020, for properties #1-178, 180-221, 223, 224, 226-307, 309, 311-342, and\n346-356, if not removed by May 24, 2024;\n(4) Direct the Fire Chief to abate all noticed nuisances established by Resolution\nNo. 24.020 for Property #179 (APN #644-044-20) not removed by May 24, 2024\n(Councilmember Orgill to abstain);\n(5) Direct the Fire Chief to abate all noticed nuisances established by Resolution\nNo. 24.020, for Properties #222 & 225 (APN# 644-232-42 and 644-234-06) not\nremoved by May 24, 2024 (Councilmember Weiss to abstain);\n(6) Direct the Fire Chief to abate all noticed nuisances established by Resolution\nNo. 24.020, for Properties #308 & 310 (APN #656-053-17 and 656-053-27) not\nremoved by May 24, 2024 (Mayor Kemp to abstain);\n(7) Direct the Fire Chief to abate all noticed nuisances established by Resolution\nNo. 24.020, for Properties #343, 344 & 345 (APN #658-091-01, 358-091-05 and 658-\n091-06) not removed by May 24, 2024 (Councilmember Rounaghi to abstain); and\n(8) Find the abatement of public nuisances exempt from California Environmental\nQuality Act pursuant to State CEQA Guidelines section 15304.\nAgenda Report

PUBLIC HEARINGS\nThe City Council shall conduct all Public Hearings in accordance with the provisions of applicable\nLaguna Beach procedure and State law. Any member of the public may address the City Council on\nany Public Hearing item. The Mayor shall have discretion to establish the time allocated for the\nappellant, the applicant, and any speakers in support or against, respectively.\nA. APPEAL OF APPROVAL OF DESIGN REVIEW 23-0887 FOR ADDITIONS\n(NET 413 SQUARE FEET) INCLUDING UPPER LEVEL ADDITIONS AND\nELEVATED DECK ADDITIONS, GRADING, RETAINING WALLS, SPA,\nEXTERIOR REMODEL, AND LANDSCAPING, VARIANCE 23-0888 TO\nEXCEED THE MAXIMUM BUILDING HEIGHT (LAGUNA BEACH\nMUNICIPAL CODE SECTIONS 25.10.008(D)(1) AND 25.51.010), AND\nREVOCABLE ENCROACHMENT PERMIT 23-0889 TO MAINTAIN SITE\nWALLS WITHIN THE PUBLIC RIGHT-OF-WAY AND CATEGORICAL\nEXEMPTION AT 1560 SUNSET RIDGE DRIVE IN THE R-1, RESIDENTIAL\nLOW DENSITY ZONE\nRecommendation: Open the public hearing, take public testimony, close the public\nhearing, and adopt a Resolution titled, "A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF LAGUNA BEACH, CALIFORNIA, DENYING THE APPEAL\nAND SUSTAINING THE DESIGN REVIEW BOARD'S DECISION TO APPROVE\nDESIGN REVIEW 23-0887 FOR ADDITIONS (NET 413 SQUARE FEET),\nINCLUDING UPPER LEVEL ADDITIONS AND ELEVATED DECK ADDITIONS,\nGRADING, RETAINING WALLS, SPA, EXTERIOR REMODEL, AND\nLANDSCAPING, VARIANCE 23-0888 TO EXCEED THE MAXIMUM BUILDING\nHEIGHT (LAGUNA BEACH MUNICIPAL CODE SECTIONS 25.10.008(D)(1)\nAND 25.51.010), AND REVOCABLE ENCROACHMENT PERMIT 23-0889 TO\nMAINTAIN SITE WALLS WITHIN THE PUBLIC RIGHT-OF-WAY AND FINDING\nTHE ACTION CATEGORICALLY EXEMPT FROM CALIFORNIA\nENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES\nSECTION 15301".\nAgenda Report\nPublic Comments\nB. APPEAL OF APPROVAL OF CONDITIONAL USE PERMIT 22-2480 TO\nINTRODUCE A TATTOO BODY ART SERVICE COMPONENT AT AN\nEXISTING ART GALLERY LOCATED AT 618 SOUTH COAST HIGHWAY\n(APN:644-036-29) IN THE C-1 (LOCAL BUSINESS DISTRICT) ZONE\nRecommendation: Open the public hearing, receive testimony, close the public\nhearing, and, by motion adopt a Resolution titled " A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DENYING THE\nAPPEAL AND SUSTAINING THE PLANNING COMMISSION'S DECISION TO\nAPPROVE CONDITIONAL USE PERMIT 22-2480, AND FINDING THE\nPROJECT CATEGORICALLY EXEMPT FROM CEQA PURSUANT TO STATE\nCEQA GUIDELINGS SECTION 15301".\nAgenda Report\n2-13-2024 Appellant Comments