Council to consider releasing certain information related to separation with former city manager, extending outdoor dining again

By SARA HALL

Tonight’s Laguna Beach City Council agenda is short, but includes a couple of notable items, including a councilmember request.

At tonight’s meeting (Nov. 7), council will discuss and/or vote on: The release of certain confidential information related to the separation agreement with the former city manager and extending the outdoor dining and parklet program. The meeting will also include a presentation from the City of Hope and a few financial items on the consent calendar.

The most notable item of the night is from Mayor Bob Whalen as a councilmember request to consider the release of certain confidential information protected as confidential and by the attorney-client privilege related to the separation agreement with the former city manager and the report prepared by outside counsel regarding the former city manager’s personnel complaint.

Whalen is asking the council to first consider whether to waive the confidentiality of certain closed session discussions surrounding the separation agreement. The council may decline to release the report, make the closure letter publicly available, and issue a statement that it is satisfied so that there is no need for further investigation or action and that the matter is closed. Council may also waive, in part, the attorney-client privilege as to certain sections of the report for the purpose of communicating the allegations investigated, methodology and investigator’s findings.

In his memo to the council, Whalen reported that in or around April council authorized the investigation into complaints made by former City Manager Shohreh Dupuis against Councilmember George Weiss relating to allegation of a hostile work environment, bullying and retaliation. Through Mark Meyerhoff of Liebert Cassidy Whitmore (the city’s outside employment special counsel), Barbara Raileanu from Woodruff & Smart was retained to conduct an independent investigation on behalf of the city. Effective on September I, Dupuis separated from the city pursuant to a separation agreement negotiated between her counsel, Craig Scott, and the city’s counsel, Scott Tiedemann of LCW, as well as former City Attorney Phil Kohn.

Raileanu has completed her investigation and communicated the findings to Meyerhoff through an investigation report. On October 30, Meyerhoff communicated the closure of the investigation and its findings to Weiss. The report has been made available to the council as an attorney-client privileged communication.

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Photo by Mary Hurlbut

Next week, City Council will consider extending the outdoor dining parklet program again

During regular business, council will consider extending the outdoor dining and parklet program.

The outdoor dining and parklet program was approved in May 2020 in response to the COVID-19 pandemic restrictions on indoor dining. The action authorized outdoor dining and outdoor display of merchandise on the adjacent storefront sidewalk through the approval of a temporary use permit.

The program includes businesses utilizing private and public parking spaces for outdoor dining. In next week’s agenda report, staff notes that “it’s been successful in helping support businesses,” which have been operating under the city approved TUPs. Since the program’s inception, staff has approved 30 TUPs for outdoor dining and retail display in the Downtown and other locations.

The program was first extended in August 2020 and again in January 2021. After Governor Gavin Newsom signed a bill in October 2021 that allowed jurisdictions with outdoor dining to reduce the number of required parking spaces for existing business uses, the program was extended again in November 2021.

City staff is currently developing design concepts for a permanent pedestrian plaza. The city anticipates a two-to-three-year timeline.

In May, council approved a market rate fee schedule for outdoor dining programs/parklets on public property in Downtown. The rate was set at $5 per square foot, per month, plus a $4,500 maintenance fee.

The May vote also extended the Promenade on Forest’s coastal development permit and temporary use permit for three years (to January 2027) while staff proceeds with the preliminary design, entitlement and permitting process to convert the Promenade to a permanent pedestrian plaza. It also extended the outdoor dining and parklet program’s TUPs for an additional three-year term (to January 2027) while staff addresses the requirements for outdoor dining on private and public property to become permanent.

Next week’s proposed extension of the program is before the council for consideration as an interim measure, while staff further evaluates proposed permanent changes to outdoor dining in certain areas of the city. Staff is planning to bring an item with the proposed permanent changes back to the council at a later date.

There are 15 restaurants currently participating in the outdoor dining program. In the agenda report, staff notes that four restaurants (Hapi Sushi of Laguna, Slice Pizza, Sushi Laguna and The Wharf) have decided not to renew their permits and their parklets have been removed.

Through the issuance of TUPs, a total of 68 parking spaces are devoted to outdoor dining under this program, including 56 spaces in private parking lots and 12 public spaces utilized as parklets.

Any new businesses interested in participating in the program may apply and applications will be considered on a case by case basis. Tango is the latest restaurant to receive a new parklet.

Staff is recommending that council extend the program to Jan. 1, 2026.

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Council to consider releasing certain information related to separation with former city manager, extending outdoor dining again

By SARA HALL

Next week’s Laguna Beach City Council agenda is short, but includes a couple of notable items, including a councilmember request.

At the Tuesday (Nov. 7) meeting, council will discuss and/or vote on: The release of certain confidential information related to the separation agreement with the former city manager and extending the outdoor dining and parklet program. The meeting will also include a presentation from the City of Hope and a few financial items on the consent calendar.

The most notable item of the night is from Mayor Bob Whalen as a councilmember request to consider the release of certain confidential information protected as confidential and by the attorney-client privilege related to the separation agreement with the former city manager and the report prepared by outside counsel regarding the former city manager’s personnel complaint.

Whalen is asking the council to first consider whether to waive the confidentiality of certain closed session discussions surrounding the separation agreement. The council may decline to release the report, make the closure letter publicly available, and issue a statement that it is satisfied so that there is no need for further investigation or action and that the matter is closed. Council may also waive, in part, the attorney-client privilege as to certain sections of the report for the purpose of communicating the allegations investigated, methodology and investigator’s findings.

In his memo to the council, Whalen reported that in or around April council authorized the investigation into complaints made by former City Manager Shohreh Dupuis against Councilmember George Weiss relating to allegations of a hostile work environment, bullying and retaliation. Through Mark Meyerhoff of Liebert Cassidy Whitmore (the city’s outside employment special counsel), Barbara Raileanu from Woodruff & Smart was retained to conduct an independent investigation on behalf of the city. Effective on September I, Dupuis separated from the city pursuant to a separation agreement negotiated between her counsel, Craig Scott, and the city’s counsel, Scott Tiedemann of LCW, as well as former City Attorney Phil Kohn.

Raileanu has completed her investigation and communicated the findings to Meyerhoff through an investigation report. On October 30, Meyerhoff communicated the closure of the investigation and its findings to Weiss. The report has been made available to the council as an attorney-client privileged communication.

Click on photo for a larger image

Photo by Mary Hurlbut

Next week, City Council will consider extending the outdoor dining parklet program again

During regular business, council will consider extending the outdoor dining and parklet program.

The outdoor dining and parklet program was approved in May 2020 in response to the COVID-19 pandemic restrictions on indoor dining. The action authorized outdoor dining and outdoor display of merchandise on the adjacent storefront sidewalk through the approval of a temporary use permit.

The program includes businesses utilizing private and public parking spaces for outdoor dining. In next week’s agenda report, staff notes that “it’s been successful in helping support businesses,” which have been operating under the city approved TUPs. Since the program’s inception, staff has approved 30 TUPs for outdoor dining and retail display in the Downtown and other locations.

The program was first extended in August 2020 and again in January 2021. After Governor Gavin Newsom signed a bill in October 2021 that allowed jurisdictions with outdoor dining to reduce the number of required parking spaces for existing business uses, the program was extended again in November 2021.

City staff is currently developing design concepts for a permanent pedestrian plaza. The city anticipates a two-to-three-year timeline.

In May, council approved a market rate fee schedule for outdoor dining programs/parklets on public property in Downtown. The rate was set at $5 per square foot, per month, plus a $4,500 maintenance fee.

The May vote also extended the Promenade on Forest’s coastal development permit and temporary use permit for three years (to January 2027) while staff proceeds with the preliminary design, entitlement and permitting process to convert the Promenade to a permanent pedestrian plaza. It also extended the outdoor dining and parklet program’s TUPs for an additional three-year term (to January 2027) while staff addresses the requirements for outdoor dining on private and public property to become permanent.

Next week’s proposed extension of the program is before the council for consideration as an interim measure, while staff further evaluates proposed permanent changes to outdoor dining in certain areas of the city. Staff is planning to bring an item with the proposed permanent changes back to the council at a later date.

There are 15 restaurants currently participating in the outdoor dining program. In the agenda report, staff notes that four restaurants (Hapi Sushi of Laguna, Slice Pizza, Sushi Laguna and The Wharf) have decided not to renew their permits and their parklets have been removed.

Through the issuance of TUPs, a total of 68 parking spaces are devoted to outdoor dining under this program, including 56 spaces in private parking lots and 12 public spaces utilized as parklets.

Any new businesses interested in participating in the program may apply and applications will be considered on a case by case basis. Tango is the latest restaurant to receive a new parklet.

Staff is recommending that council extend the program to Jan. 1, 2026.

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Council moves forward with process to re-install wood-burning fire pits at Aliso Beach

By SARA HALL

Council last week unanimously agreed to move forward with the process of installing wood-burning fire pits at Aliso Beach, but highlighted that there are still several issues to work out before it returns to them for the final decision.

Councilmembers voted 5-0 on October 24 to direct staff to proceed with the appropriate Coastal Development Permit process for purposes of installing wood-burning fire pits at Aliso Beach. The action also approved replacing the light pole and install an observation camera and appropriate $35,000 from the South Laguna Fund for the purchase.

Mayor Bob Whalen said he’s inclined to proceed with the recommended actions, although there are some issues that were raised and need to be addressed when the ordinance returns to the council. Primarily, it might be prudent to look into whether or not city staff is needed on site during the time that the wood burning fire pits are in use, he said. They should also flesh out the language about the conditions that would need to be present and the discretion that the fire official will have to prohibit burning.

“(This is) a request of staff to be sure when that comes back those kinds of operational details are thought about and addressed,” Whalen said.

Since this item only proposed fire pits on the south end of the beach, near the concession stand, Councilmember Alex Rounaghi added that it would also be worthwhile (down the line, not part of this process), to look at if it’s possible to bring back the fire pits near the parking lot, as suggested by a public comment. He would defer to the fire chief regarding safety and South Coast Air Quality Management District regarding air quality issues, he added.

Councilmember George Weiss wanted more information on the specific number of fire pits that are being proposed. It’s unclear if the space allows for five or 10, he noted as an example.

“It looks like we’re actually increasing the number of combustible fire pits that we’re putting in from what the county had and that’s an issue for me and for the residents, too, up top,” Weiss said. “I would like to see the council look at a maybe…a sunsetting of these wood fire pits at some point because they’re not healthy for the environment and they’re not healthy for the ocean either, when all of the stuff runs into the ocean which inevitably does during high tides.”

Gas is not a great product either, he added, noting that it produces carbon that gets released into the atmosphere.

On March 1, the city assumed ownership of and responsibility for South Laguna beaches, including Aliso Beach parking lot and concession facility, from Orange County.

The county previously allowed fire pits at Aliso Beach for public use on a first-come, first-served basis. There was also an observation camera affixed to a light pole in the parking lot to monitor activity at the beach. Some of the fire pits were lost during storm events before the city took over control, said Marine Safety Captain Kai Bond. The remaining fire pits and the camera were removed by the county before the city took over control.

Answering a council question regarding how many fire pits the county provided, Marine Safety Chief Kevin Snow said it varied over the years. Some of the fire pits were washed away about four or five years ago, he recalled. During COVID, more were taken out of service, some were removed and others were buried, he explained. Most recently, when the city took over from the county, there were two that staff could verify: One buried in the sand and one open for use.

“To pick a point in time you know where there was X amount of fire pits is not quite as easy as it sounds,” he said.

During the update to council on May 16, city staff addressed a number of potential services and improvements, including fire pits. Council directed staff to return in October and follow up on certain Aliso Beach matters, Bond explained. Staff will return at a later date for the other items the council had asked about (special event permit process and program).

Last week, city staff proposed the city allow the use of wood-burning fire pits by the public on a first-come, first-served basis. Although there are some stipulations, Bond said, including that there is a “responsible person of at least 18 years of age is at least 25 feet from the burning pit.” They are also recommending that only natural wood, charcoal and fire logs are used (burning trash or debris is prohibited). The use of the wood-burning fire pits would be prohibited during no burn days or red flag days.

At this point, they aren’t proposing to have a city staffer on site to monitor the fire pits. Although they do patrol the area, a lifeguard will be on duty from 7 a.m.-7 p.m., and the city contracts with a security company to sweep and close the beach, Snow said. Police officers also regularly check the area, he added.

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Council OKs parallel plans for Lang pickleball courts: Start process to relocate, while also studying additional sound mitigation measures

By SARA HALL

City Council this week unanimously agreed to direct staff on parallel plans for the future of the pickleball courts at Lang Park.

Councilmembers voted 5-0 on Tuesday (Oct. 24) to direct staff to start the process of possibly relocating the Lang pickleball courts, including converting one tennis court at Alta Laguna Park, by conducting the necessary studies; while also researching additional sound attenuation solutions and quieter equipment that could be installed at the current Lang courts.

There was some back and forth about what to do before they decided on pursuing both plans. There’s no simple solution, they agreed.

This is a tough decision, said Councilmember Alex Rounaghi.

“It’s not really an easy call one way or another because someone’s going to win and someone’s going to lose,” he said.

The item was brought forth under councilmember requests, with Councilmember George Weiss proposing to remove and relocate the Lang Park pickleball courts.

There have been concerns raised about noise from residents of the adjoining apartments, Weiss explained. In hindsight, they should not have placed pickleball courts so close to the residential area, he said.

“This is a difficult process we’re going through because I don’t want to take anything away from people and the enjoyment of a sport they love,” Weiss said. “I’m for pickleball, but I’m also for the residents who have seen these impacts for the last two years and I just don’t think it’s fair on them or exposing them to noise they shouldn’t be experiencing.”

They have to solve this while still being sensitive to others, he said. Weiss also said he has “no doubt” the city will create more pickleball courts in the future. He confirmed that the Lang courts should remain until they are replaced elsewhere.

“I want to keep the pickleball courts nets up until we replace that capacity. That’s my goal. Not to do a net reduction,” Weiss said.

While researching this topic, it didn’t take long to find out that they made a “big mistake” by putting the pickleball courts in this location, added Councilmember Mark Orgill. Even with extensive sound mitigation, the minimum recommendation is to be several hundred feet away from homes, he pointed out.

These residents are definitely impacted by the pickleball court noise, added Orgill, who said he stood behind the wall three times to find out what the noise sounded like.

“All sound is not created equal,” he concluded.

It might be under the acceptable decibel level, but “it’s extremely annoying” and he would not want it next to his own home. Where he lives in town, Orgill said he can hear noise from the roads, restaurants and nearby performing arts.

“None of it bothers me like that pickleball court noise would bother me,” he said. “It’s something that we need to figure out. I would like to see if we can all work together and understand one another and be sensitive to the effects that it has on this neighborhood.”

Mayor Bob Whalen also agreed that the current spot was not the right location for pickleball courts.

He suggested they look at converting another court up at Alta Laguna Park, revert the Lang courts back to tennis, and direct staff to look at a long-range plan for pickleball courts, either still in Lang Park but away from the apartments or elsewhere.

Whalen made a motion to direct staff to take the appropriate steps (including research, any necessary environmental studies, scheduling with the contractor, etc.) to convert an additional court at Alta and revert the courts at Lang back to tennis. This will ensure that there is no net loss of either pickleball or tennis, he explained.

He also recommended staff look into the feasibility of pickleball courts on the other side of Lang Park, as well as at Moulton Meadows Park, as suggested by Weiss.

Alternatively, Mayor Pro Tem Sue Kempf recommended raising the fence at Lang another eight feet and adding more sound attenuation up higher.

“I think that would be hugely helpful,” she said.

Rounaghi agreed with the idea. He asked city staff to work with National Church Residences, the operator of the neighboring Vista Aliso (an affordable rental housing community for seniors), to make every effort to figure out how to mitigate the noise the residents hear from pickleball.

He also didn’t support the idea of shutting down the Lang courts. It brings people together and brings them joy, something they need more of in the community. It’s an important recreation opportunity for the residents of South Laguna, he added.

While Kempf and Rounaghi were leaning toward working on additional sound mitigation measures at the existing courts at Lang Park; Whalen and Weiss wanted to start the process of relocating the courts.

Orgill offered a hybrid motion (which was ultimately unanimously approved): Start the environmental analysis and other studies required in the process in case they have to move the courts, and, in the meantime, experiment and have staff research sound attenuation solutions, including like quieter equipment, and see what impacts that has in the interim.

If the additional work to remediate the noise at the current location doesn’t work, they have already started the process to move them, he explained, but if it’s satisfactory to the neighborhood then they don’t need to move forward with swapping the courts.

Whalen added to the motion that it should be brought back to council within 90 days.

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Inside City Hall

Dear Laguna Beach Community,

October 27, 2023, marks the 30th anniversary of the devastating 1993 wildfire that destroyed more than 400 homes in Laguna Beach. Those of us who were here then will never forget the howling winds, the smoky skies and the pure speed of the fire as it first hit Emerald Bay and then headed east where it leapt across Laguna Canyon Road, went through Canyon Acres and across Mystic Hills. Thankfully, and remarkably, no lives were lost but it was the wakeup call of a lifetime for the city.

None of us wants to see a fire like 1993 ever again. But that hope can only be realized if both the city and individual residents work together to mitigate risks. I would like to update you on the work that the city has been doing to improve fire safety by implementing many of the recommendations from our 2019 the Wildfire Mitigation and Fire Safety Report.

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Courtesy of City of Laguna Beach

Laguna Beach Mayor Bob Whalen

On September 19, the city hosted a Wildfire Town Hall meeting to provide an update on the fire safety projects that have been completed in accordance with the report. The town hall was led by members of the Laguna Beach Fire Department, Public Works Department, Police Department and Marine Safety Department who reviewed the measures implemented to date to improve our fire readiness and resiliency. Those include enhancements to our emergency alert and notification system with an expanded outdoor warning system, implementation of updated evacuation plans, the addition of two helicopter fire hydrant filling stations, installation of fire lookout cameras in the wildland area, and public infrastructure improvements that include widening Bluebird Canyon, maintenance and expansion of the city’s fuel modification zones, and continued work to underground utilities in the community. Though we are pleased that many of the 42 objectives outlined in the report have been achieved, a number, primarily related to undergrounding power lines, are still in progress. If you missed the town hall meeting I encourage you to watch it on the city’s website at lagunabeachcity.net/townhall.

We have a number of utility undergrounding projects that are ongoing throughout the city. Construction for the Diamond Street Underground Utility Assessment District began in July 2023 and is expected to be completed in November 2023. This project will underground eight utility poles and improve evacuations in the Diamond/Crestview neighborhood. The Park Avenue Utility Undergrounding project is also underway, as it is a key evacuation route identified in the report as one of only two access routes to approximately 600 homes. This project will remove eight utility poles and 1,035 feet of overhead utility lines and is anticipated to be completed by summer 2024. The widening of Bluebird Canyon Road is complete and the undergrounding of 20 utility poles and 2,200 linear feet of overhead utility lines is scheduled to start construction in spring 2024. Undergrounding the remaining poles along Coast Highway has been funded and work will be ongoing over the next two years related to this project.

On Laguna Canyon Road, many of you have seen the construction work north of El Toro Road as you head toward the 73. This Caltrans project adds a continuous second outbound lane north of El Toro Road and removes 12 existing utility poles and more than 3,000 feet of overhead utility lines to improve the reliability of this major evacuation route. Anticipated completion is the end of 2025.

Last November, the City Council authorized more than $800,000 to design the undergrounding of SCE’s overhead utilities on Laguna Canyon Road, from El Toro Road to Canyon Acres Drive. Early this year the city retained a team of consultants to conduct the environmental review and obtain the entitlements for road, bike and pedestrian safety improvements that are proposed if the undergrounding can be completed. This critical safety project would reduce fire risk in the open space adjacent to the road and eliminate the risk of traffic accidents and road closures due to collisions with power poles. We are actively seeking grant funding from the California Office of Emergency Services, the Federal Emergency Management Agency and the Orange County Transportation Authority to make this project a reality.

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