Closed Session

1.	MINUTES OF THE CITY COUNCIL MEETING Recommendations: Approve the Minutes of the Adjourned and Regular Meeting of the City Council of June 4, 2019.

Minutes

2.	WARRANT LISTING Recommendations: Approve the General Warrants and payroll disbursements attached to the Agenda Bill. General Warrants, 05/31/2019 $ 3,382,964.77 Payroll #25 06/07/2019 $ 1,226,288.58 Total: $ 4,609,253.35

Staff Report

3.	CLAIMS AGAINST THE CITY Recommendations: Reject Claim #19-21, filed by Amy Gibson; and reject Claim #19-20, filed by Attorney Lisa DeLorme on behalf of Southern California Edison Company.

Staff Report

4.	CITY TREASURER’S MONTHLY REPORT FOR APRIL AND MAY 2019 Recommendations: Receive and file the City Treasurer’s preliminary monthly reports for April and May 2019.

Staff Report

5.	AWARD OF CONTRACT FOR CONSTRUCTION OF ZONE 1 STREET SLURRY SEAL AND REHABILITATION Recommendations:

(1) Award and authorize the City Manager to execute a contract with Excel Paving Company, in the amount of $1,216,729, for the Zone 1 Street Slurry Seal and Rehabilitation project, subject to adoption of the budget for FY 2019/2020;

(2) Award and authorize the City Manager to execute a contract with Onward Engineering, in the amount of $68,435, to provide construction management, inspection, and public outreach services; and

(3) Authorize the City Manager to approve project related expenses and construction change orders for unforeseen circumstances for an amount not-to-exceed $130,000.

Staff Report

6.

2019 MEASURE M FUNDING ELIGIBILITY Recommendations: Approve the Seven Year Capital Improvement Program for transportation and transit improvement projects required for Measure M eligibility; and adopt the Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, CONCERNING THE STATUS AND UPDATE OF THE CIRCULATION ELEMENT, AND MITIGATION FEE PROGRAM FOR THE MEASURE M (M2) PROGRAM FOR THE CITY OF LAGUNA BEACH” affirming that the City’s General Plan is in conformance with the County Master Plan of Arterial Highways and affirming that the City assesses development impact mitigation responsibility through the project approval and entitlement process.

Staff Report

7.	ACCEPT CALIFORNIA FOR ALL GRANT Recommendations: Authorize the City Manager to accept the California For All CERT Grant; and increase estimated grant revenues by $10,000 and appropriate $10,000 to expand disaster preparedness outreach efforts.

Staff Report

8.

LOT LINE ADJUSTMENT 19-3520 AND COASTAL DEVELOPMENT PERMIT 19-3521 TO MODIFY THE LOCATION OF A COMMON PROPERTY LINE BETWEEN THE PROPERTIES LOCATED AT 9 AND 11 LAGUNITA Recommendations: Continue Lot Line Adjustment 19-3520 and Coastal Development Permit 19-3521 at 9 and 11 Lagunita until the August 20, 2019, City Council meeting.

Staff Report

9.	REQUEST TO AMEND COVENANTS, CONDITIONS AND RESTRICTIONS AT 485 MERMAID STREET Recommendations: Authorize the Director of Community Development to work with the City Attorney and the applicant to amend and record the Mermaid Terrace CC&Rs by:

(1) Including dwelling unit smoking restriction provisions; and

(2) Modifying the CC&Rs to include the current General Plan density bonus income requirements.

Staff Report

10.	AWARD OF CONSTRUCTION CONTRACT AND PROFESSIONAL SERVICES CONTRACT FOR INSPECTION FOR THE BLUEBIRD SOCWA LIFT STATION SITE IMPROVEMENTS AND ODOR CONTROL PROJECT Recommendations: Authorize the City Manager to:

(1) Execute a construction contract with Pascal and Ludwig Constructors in the amount of $824,696;

(2) Execute a professional services contract with NV5 in the amount of $57,440;

(3) Approve project related expenses and construction change orders for unforeseen circumstances for a total amount not-to-exceed $100,000;

(4) Consolidate funding sources identified in Table 4 to assemble the total project budget; and

(5) Appropriate $95,136 from the sewer fund balance.

Staff Report

11.

AGE WELL SENIOR SERVICES, INC. – AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING Recommendations: Authorize the City Manager to execute the Amended and Restated Memorandum of Understanding with Age Well Senior Services, Inc. and Laguna Beach Seniors to provide the senior meal programs for a term of five years, through June 30, 2024.

Staff Report

12.

CITY COUNCIL REPRESENTATION AT THE CALIFORNIA COASTAL COMMISSION WORKSHOP TO DISCUSS SHORT-TERM RENTALS AND SEA LEVEL RISE Recommendations: Councilmember Iseman recommends that the City Council authorizes her to attend the California Coastal Commission Workshop on Short-Term Rentals and Sea Level Rise on July 12, 2019, and reimburses her for travel expenses up to $950.

Staff Report

13.

EMERGENCY DISASTER PREPAREDNESS COMMITTEE’S 2019-2020 WORK PLAN Recommendations: The Emergency/Disaster Preparedness Committee recommends that the City Council: (1) Hear a five-minute report from the Emergency/Disaster Preparedness Committee regarding what the committee has covered in the past year; and (2) Approve the Emergency/Disaster Preparedness Committee’s work plan for 2019-2020.

Staff Report

14.	CONTINUED PUBLIC HEARING AND BALLOTING FOR PROPOSED UNDERGROUND UTILITY ASSESSMENT DISTRICT 2014-1 (CRESTVIEW DRIVE) Recommendations:

1)	Approve the revised Engineer’s Report dated June 4, 2019;

2)	Review the balloting results of 59% of weighted ballots are in favor of the proposed assessment district and 41% of the weighted ballots are in opposition and determine if the project should proceed.  If it is determined to do so, then:

a)	Adopt the Resolution (Attachment 3) confirming assessments, ordering proposed improvements, and designating the City Treasurer or Director of Finance to collect assessments for Underground Utility Assessment District 2014-1 (Crestview Drive);

b)	Adopt the Resolution (Attachment 4) awarding a construction contract to Hot Line Construction in the amount not to exceed $390,942, conditioned to be effective upon the subsequent sale of bonds and the receipt of bond proceeds by the City;

c)	Authorize the City Manager to approve project related expenses and construction change orders for unforeseen circumstances for an amount not-to-exceed $36,778; and

d)	Appropriate $69,813 for the General Benefit cost from the Measure LL Fund;

3)	Direct staff to prepare direct placement municipal bonds with the City as the purchaser for the project; and

4)

Approve a City purchase of municipal bonds with a maximum term of 15 years for the proposed Underground Utility Assessment District 2014-1 (Crestview Drive) in an amount not to exceed $645,000 and return to the City Council in 90 days with resolutions and appropriations related to the sale of bonds.

Staff Report

15.	ADOPTION OF FY 2019-20 AND FY 2020-21 BUDGET AND REVISIONS TO THE FY 18-19 BUDGET Recommendations:

1)

Adopt the resolution (Attachment A) approving the City budget for fiscal years 2019-20 and 2020-21 with the changes to the preliminary budget that are recommended on Table A in Section II; Table B in Section IV; and changes to the Wastewater Budget described in Section IV and Attachment A, Exhibit B;

2)	Review and approve or modify the recommendations made by the subcommittee regarding Community Assistance Grants (Attachment A, Exhibit D) and disburse the funds accordingly;

3)	Approve the recommended Cultural Arts Grants for FY 2019-20 (Attachment A, Exhibit E) and disburse the funds accordingly;

4)	Adopt the resolution (Attachment B) modifying the Building and Zoning Fee Schedules with an effective date of July 1, 2019;

5)	Adopt the resolution (Attachment C) which ratifies the Classification Title and Range Assignment and salary schedules for the Fiscal Year 2019-20 incorporating salary changes described in Section VIII and as modified by the City Council;

6)	Adopt the resolution (Attachment D) approving the City’s annual appropriations limit;

7)	Provide direction on salary and performance pay for the City Treasurer and City Clerk, and direct the Director of Administrative Services to modify the salary schedules to reflect the City Council’s actions;

8)

Provide direction regarding exceptional performance pay for the City Manager, authorize Mayor Whalen to execute an amendment to the City Manager’s contract to carry out the City Council’s direction, and authorize the Director of Administrative Services to reflect the Council’s direction in the salary schedule and resolution;

9)	Direct the City Manager to postpone making the proposed $1 Million additional payment to CalPERS programmed in the Proposed Budget, until after the Wildfire Mitigation and Fire Safety Improvements Report is presented to the City Council; and

10)	Authorize the City Manager to continue retaining Cassie Walder for the City’s public outreach effort.

Staff Report

A.

APPEAL OF PLANNING COMMISSION INTERPRETATION 19-3178 REGARDING THE EFFECTIVE DATE OF PROJECT APPROVAL AT 20412 AND 20432 LAGUNA CANYON ROAD Request for a Municipal Code Interpretation  to determine the effective date for the approval of design review, a conditional use permit and a coastal development permit for a project that was appealed to the California Coastal Commission. California Environmental Quality Act (CEQA) Determination: Pursuant to State CEQA Guidelines Section 15061(b)(3), CEQA does not apply to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The Planning Commission’s interpretation of the Municipal Code relating to the effective date of a project approval is a processing-related issue and will not have a direct or indirect significant effect on the environment. Recommendations: Deny the appeal and sustain the Planning Commission’s determination that the effective date to start the expiration period for the subject artist work/live project is the date of Coastal Commission Permit approval (August 9, 2017).

Staff Report

B.

APPEAL OF THE APPROVAL OF DESIGN REVIEW 18-2177 AND CATEGORICAL EXEMPTION FOR MODIFICATIONS TO A PRIOR APPROVAL AND EXTERIOR MODIFICATIONS TO AN ACCESSORY DWELLING UNIT AT 32052 SUNSET AVENUE IN THE VC (VILLAGE COMMUNITY) ZONE. Proposed modifications to a prior approval and exterior modifications to an existing accessory dwelling unit (previously referred to as a second residential unit) in the VC zone. California Environmental Quality Act (CEQA) Determination: Pursuant to State CEQA Guidelines the Design Review Board adopted a categorical exemption pursuant to Section 15301, Class 1, which allows minor alterations involving negligible or no expansion of the use beyond that existing at the time of the lead agency’s determination. The project involves revisions to a previously approved new single-family dwelling and existing accessory dwelling unit involving changes to the roof configuration, windows, doors, and exterior materials. The appeal does not challenge the Board’s determination to approve a categorical exemption. Recommendations: Deny the appeal and sustain the Design Review Board approval of Design Review 18-2177 for modifications to a prior approval and exterior modifications to an accessory dwelling unit at 32052 Sunset Avenue in the Village Community Zone.

Staff Report