CITY COUNCIL WRAP-UP

Feb. 8, 2007 12 AM PT

The following is from the Jan. 30 Laguna Beach City Council meeting.

PUBLIC COMMENT

Ryan Wanigaserera, owner of Pacific Towing, also speaking on behalf of Laguna Beach Towing, asked the council for a fee increase for city-contracted towing services. City Manager Ken Frank said it was up to Police Department to evaluate the proposed rate increase and make recommendations to the council.

COUNCIL/STAFF CHAT

Councilwoman Cheryl Kinsman announced that the number of new doctors now at South Coast Medical Center has forced the administration to reduce the free space previously used by non-profit groups. The hospital has not ousted all the AA meetings, but has cut back the number to 24, Kinsman said.

Mayor Pro Tem Jane Egly reported that Kinsman, Frank and she had attended a South Coast Water District Advisory Board meeting on environmental nurturing procedures. Egly also announced that Laguna Lake, separated for decades by the old alignment of Laguna Canyon Road, will soon be reconnected.

Councilwoman Elizabeth Schneider announced that Laguna Beach Seniors Inc. is looking for a chair for next year’s Legacy Ball.

CONSENT CALENDAR

Approved without comment:

EDITOR’S NOTE: Consent calendar items get approved in one motion, unless a member of the council, staff or public “pull” the item., which then requires opening it to public comment and a separate vote.

Minutes of the regular and special meeting of Jan. 16.

General warrants of $4,000 on Jan. 8, $3,696,529.52 on Jan. 12 and payroll of $537,967.74 on Jan. 18.

City Treasurer’s December report, which showed an end-of-the-month cash and investments balance of $56,036,954.82.

Transfer of the city’s fuel modification contract for goat service from EZ Bar Ranch Inc. to Indocochea Sheep Ranch Inc. The EZ Bar contract is due to expire June 30, 2008, but the owner agreed to sell the contract to the Indocochea owner, a partner of EZ Bar since the city entered into the first contract in 1995. Contract conditions remain the same.

Revocable encroachment permit for 840 Park Ave.

Lot line adjustment for the properties at 49 South Portola and 1 Cabrillo Way in Three Arch Bay, resulting in a minor reconfiguration of the existing line, which both property owners requested. The adjustment facilitates, the development of a pool and associated improvements on the South Portola property, which must be approved by the Board of Adjustment/Design Review Board.

Contracts awarded to PRP Engineering for Shaw’s Cove design and construction assistance, not to exceed $56,500; to Allied Environmental Services for asbestos and lead removal and abatement at a cost of $61,525; and authorization for the City Manager to enter a contract with Leighton Consulting for asbestos and lead abatement monitoring — no fee listed.

Pulled for discussion:

Resolution extending the Bluebird Canyon Emergency Declaration, which is valid for only 21 days and must be renewed.

Determination of unpaid assessments, manner of payment and list of security bonds; sale of limited obligation improvement bonds for Underground Utility Assessment District 06-1; issuance of the bonds, covenanting prosecution of foreclosure of delinquent assessments and appropriation of $3,234,854 for construction of the district and a revenue increase in the same amount.

Authorization for the city manager to enter into a contract with Winter & Co., not to exceed $84,000 for the preparation of Residential Design Review Guidelines.

Continuation of the Assistance to Firefighters Grant process and adoption of a 5% pay-range adjustment for identified hourly/part-time positions, effective June 18; establishment of a new position of Senior Beach Patrol Officer; and modification of pay range for the Summer Festival Transit Supervisor.

COMMUNITY/SENIOR CENTER PROGRAM MANAGER, 4-0

The council authorized City Manager Ken Frank to contract with Griffin Structures Inc. to be “program manager at risk” for the centers project. The company will take the risk of cost overruns on the project, with any savings from the maximum price guarantee to be returned to the city. All work is competitively bid and constructed, in accordance with the California Public Contracting Code. The city has full audit rights. Councilwoman Cheryl Kinsman recused herself because state law prohibits an elected official from voting on a project within 500 feet of property they own if the project has a financial effect on the official.

THIRD STREET COTTAGES, 3-2

The council voted, 3-2 — Egly and Iseman opposed — to continue the disposition of the cottages to the Feb. 6 meeting. Councilman Kelly Boyd said he is having second thoughts about moving the cottages and wants more information about offers.

A special appeal hearing on the Temporary Use Permit for the removal of four of the cottages to Big Bend was set for Feb. 20, six days after the Planning Commission is expected to make its recommendations on the permit, meaning the council will not have to wait the usual 14-day appeal period before making its decision — assuming the commission completes its review on the 14th. Both the commission and council hearings would be canceled if the council decided on Feb. 6 not to move the cottages.

“I think most of the people who want the cottages saved, want them saved where they are,” Kinsman said.

CONSTRUCTION/DEMOLITION WASTE, 5-0

A proposed amendment to the Municipal Code relating to the disposal of construction and demolition waste would almost certainly put the city over the state-mandated landfill diversion requirement.

The city is now at 49% , just 1% shy of the state goal. City staff recommended that any construction, demolitions or renovation project within the city that requires a building or public works permit and meets specified criteria for reuse must recycle or divert a minimum of 50% of the debris as measured in tonnage.

The council voted unanimously to pass the proposed ordinance to a second reading, by which time staff is expected to come up with an annual, rather than per project, plan so that small haulers would not be penalized.

NYES STREET SIDEWALK PROJECT TABLED, 5-0

The council delayed to an unspecified date a decision on the proposed cancellation of a sidewalk project on the inland side of Coast Highway from Nyes Place to M-Street (Ruby’s Diner) due to geotechnical and right-of-way issues.

City Manager Frank said he was not ready to give up on the project, which has been awarded a $528,600 grant.

BREATH OF FRESH AIR, 5-0

The council approved a proposal to open discussions with Eco Oxygen Technologies LLC to be the city’s sole source for additional odor control equipment for the sewer system. The company is the developer of Super Oxygenation, which was installed at the Bluebird lift station and virtually eliminated the revolting odors that used to emanate from the lift, according to David Sizzler, director of water quality.

The cost for future installations will be added to a future budget.

NO SALE, 5-0

An amendment to the Municipal Code is expected to strengthen and make more defensible the city’s ban on the sale of services or products in City Parks, while protecting the public’s constitutional rights.

The proposed amendment was passed to a second reading.

SIGN HERE, 4-1

The council directed the Planning Commission to consider an amendment to the city’s sign ordinance that would regulate all signs visible from a public street or sidewalk. Councilman Boyd voted no.

CHURCH PARKING, 5-0

The Planning Commission will be asked for recommendations about additional parking requirements for church ancillary uses. Currently the code only requires additional parking if a church sanctuary size is increased, although ancillary uses may increase overall church use.

CITY COUNCIL WRAP-UP

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