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Commission re-hears inclusionary housing, Aliso Creek Plaza coffee shop, more

By SARA HALL

The Planning Commission re-heard several items at their meeting last week after audio problems at last month’s meeting prevented online speakers from being able to voice their opinions.

Due to technical issues, public commenters on Zoom could not be heard by the commission at the October 18 meeting and so staff re-agendized a few items for the November 15 meeting. Most of the items were approved without much discussion, commissioners generally summarized their previous comments, although the presentation on a draft inclusionary housing policy prompted some new dialogue.

During the October 18 review, officials grappled with balancing how to encourage realistic housing development while also tackling affordability.

The proposed amendment would modify the city’s zoning ordinance and general plan housing element. The aim is to update and clarify the policy and, specifically, reduce the constraint on housing development. It’s part of a larger set of housing-related ordinances that will return to the commission at a later date for consideration and recommendation to the City Council.

Housing Program Coordinator Jennifer Savage echoed her presentation from the October 18 meeting, which focused on the proposed policy’s applicability, requirements and allowed alternatives.

Commissioner Jorg Dubin reiterated his comment about a possible fund or subsidy or grant program set up by the city to house the in-lieu fees to be used by low-income residents.

“I think we’re going to see a good percentage of re-development or new development of housing that a lot of developers will probably choose the in-lieu fee and I was thinking about how that could be directed towards either a subsidy program or a grant program for low-income folks or people who would like to live in town to offset (the cost of) market rate housing,” he said.

That is absolutely something that staff can explore, Savage answered.

Current code clarifies the uses allowed for the fees, which include a variety of projects, including the ideas mentioned by commissioners. The proposed ordinance copies some of that language, she added, and adds that the collected fees could be used for city staff time to conduct periodic inspections to ensure that the constructed inclusionary housing units comply with the affordable housing agreement, site plan and covenants, as well as the inclusionary housing plan, and all other city and zoning requirements.

Savage also noted that the 2022 schedule for in-lieu fees were based off of a study the city did in 2009. The fees hadn’t been updated since then, even though they’re supposed to be reviewed annually, she added. However, staff conducted an update in August and, largely based on the increase in land value, the in-lieu fees are now substantially more than the previous rates. The new in-lieu fees are approximately $1.29 million for every affordable unit that would have been for sale and $1.03 million for every affordable unit that would have been for rent, compared to the previous rates of $348,197 and $247,317, respectively.

If the goal is to try and make it affordable for people to live in Laguna Beach, perhaps the most effective way to do it is through a funding program, added Commissioner Steve Goldman, as opposed to providing sporadic units throughout town, which developers are not incentivized to build anyway. They would rather pay the in-lieu fee because it’s capitalized as part of the project, he explained, and not an ongoing operating expense or an ongoing lower revenue.

Some commissioners asked about other affordable housing projects in the city. They asked to find out more about how they were initiated, city involvement, funding requirements and other details.

Alice Court and Mermaid Terrace are examples of affordable housing developments that fit comfortably in Laguna Beach, noted Commissioner Susan McLintock Whitin.

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Councilmember requests ask to consider policy requiring mayoral roles rotate, parking solutions at new recreation center, reconsider removal of tree, evaluate joining open space coalition

By SARA HALL

There are several interesting items on next week’s Laguna Beach City Council agenda and most of them are requests from councilmembers.

At the Tuesday (Nov. 21) meeting, there are four councilmember requests: To establish a policy requiring rotation of the mayor and mayor pro tem roles; to direct staff to explore parking solutions for city staff and users of the Laguna Beach Community and Recreation Center; to reconsider the approval to remove a lemon-scented gum tree located at 387 El Camino del Mar, and to authorize staff to evaluate benefits and implications of joining the Natural Communities Coalition.

Also on the agenda, council will consider an Art in Public Places installation at a mixed-use project at 1369 North Coast Highway, and proposed revisions to the underground utility assessment deferment loan program.

A notable councilmember item last up on the agenda: A request from Councilmember George Weiss to consider establishing a policy requiring rotation of the mayor and mayor pro tem roles.

The memo from Weiss doesn’t go into detail, but he notes that requiring the rotation will “enhance the opportunity for each councilmember to serve as mayor and mayor pro tem.”

Although the item notice is short, there have been a number of public comments in the past suggesting the council switch up the largely ceremonial seats.

Councilmember requests ask to consider policy St Catherine

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Photo by Steven Georges/Diocese of Orange

Council will consider a request next week to direct staff to explore parking solutions for the Laguna Beach Community and Recreation Center (formerly St. Catherine of Siena School)

In another councilmember request, Mayor Bob Whalen is asking the council to consider directing staff to explore parking solutions for city staff and users of the Laguna Beach Community and Recreation Center.

The city purchased the property at 30516 Coast Highway (formerly St. Catherine of Siena School) in late 2022. The site features approximately 39,500 square feet of former instructional and related facilities on about 6.5 acres of property served by 42 parking spaces.

An interim use plan for the property was approved on January 24, which allowed for immediate use of the gym and the already established facilities. The gym has been activated by the city’s recreation staff to accommodate adult drop-in basketball, indoor pickleball, futsal, drop-in volleyball, youth volleyball clubs, and other city contracted youth recreation classes. The courtyard area is being used for youth skateboarding classes, and some of the former classrooms are being used for preschool age programming, art and science classes, and summer camps offered by the city.

In Whalen’s memo on the item, he noted that the site will also be home to marine safety and police department substations, fire station administrative staff and an emergency operations center in the near future. These will be housed in the former administrative offices and adjacent classrooms, and will require approximately eight to 12 staff parking spaces.

At the March 21 meeting, council unanimously approved the interim use facility reservation program and the license agreement policy and associated fee schedule for the center. The facility reservation and rental program provides residents, nonprofits serving Laguna Beach, and other community organizations the opportunity to use the facility in coordination with the city’s recreation programming and other planned civic uses.

When council contemplated purchasing the property, they anticipated that the facilities would be ultimately repurposed to serve the broader community in a manner to be determined, pending completion of a master plan of the site evaluating all potential long term uses, Whalen wrote in the memo.

“As the City Council, and the community at large, continues to consider the optimal uses of the city’s newest public asset, it seems that the exploration of available parking solutions is an urgent need that must be undertaken by staff to inform us in our deliberations,” he said.

The first request on the agenda under councilmember items, is another request from Whalen for the council to reconsider the approval to remove a lemon-scented gum tree located at 387 El Camino del Mar.

Whalen is recommending that the city solicit, under the direction of the city manager or his designee, a level three risk assessment of the tree by a third-party certified arborist, to include ground-penetrating radar root mapping to determine the tree’s underlying root structure, performance of a static pull test and any recommendations for tree pruning to provide the council, and the community, an even more comprehensive understanding of the relative health and viability of the tree.

Council approved removing the tree on October 24. His decision supporting removal of the tree under the conditions described by the city’s arborist was a difficult one, Whalen wrote in the memo.

“However, I believed that it was the correct decision at the time,” he wrote. “Since then, I have been persuaded by the numerous requests of local residents to gather additional information to see if our prior decision should remain or be revised.”

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Councilmember requests ask to consider policy requiring mayoral roles rotate, parking solutions at new recreation center, reconsider removal of tree, evaluate joining open space coalition

By SARA HALL

There are several interesting items on tonight's Laguna Beach City Council agenda and most of them are requests from councilmembers.

At tonight's meeting, (Tuesday, Nov. 21), there are four councilmember requests: To establish a policy requiring rotation of the mayor and mayor pro tem roles; to direct staff to explore parking solutions for city staff and users of the Laguna Beach Community and Recreation Center; to reconsider the approval to remove a lemon-scented gum tree located at 387 El Camino del Mar, and to authorize staff to evaluate benefits and implications of joining the Natural Communities Coalition.

Also on the agenda, council will consider an Art in Public Places installation at a mixed-use project at 1369 North Coast Highway, and proposed revisions to the underground utility assessment deferment loan program.

A notable councilmember item last up on the agenda: A request from Councilmember George Weiss to consider establishing a policy requiring rotation of the mayor and mayor pro tem roles.

The memo from Weiss doesn’t go into detail, but he notes that requiring the rotation will “enhance the opportunity for each councilmember to serve as mayor and mayor pro tem.”

Although the item notice is short, there have been a number of public comments in the past suggesting the council switch up the largely ceremonial seats.

Councilmember requests ask to consider policy St Catherine

Click on photo for a larger image

Photo by Steven Georges/Diocese of Orange

Council will consider a request tonight to direct staff to explore parking solutions for the Laguna Beach Community and Recreation Center (formerly St. Catherine of Siena School)

In another councilmember request, Mayor Bob Whalen is asking the council to consider directing staff to explore parking solutions for city staff and users of the Laguna Beach Community and Recreation Center.

The city purchased the property at 30516 Coast Highway (formerly St. Catherine of Siena School) in late 2022. The site features approximately 39,500 square feet of former instructional and related facilities on about 6.5 acres of property served by 42 parking spaces.

An interim use plan for the property was approved on January 24, which allowed for immediate use of the gym and the already established facilities. The gym has been activated by the city’s recreation staff to accommodate adult drop-in basketball, indoor pickleball, futsal, drop-in volleyball, youth volleyball clubs, and other city contracted youth recreation classes. The courtyard area is being used for youth skateboarding classes, and some of the former classrooms are being used for preschool age programming, art and science classes, and summer camps offered by the city.

In Whalen’s memo on the item, he noted that the site will also be home to marine safety and police department substations, fire station administrative staff and an emergency operations center in the near future. These will be housed in the former administrative offices and adjacent classrooms, and will require approximately eight to 12 staff parking spaces.

At the March 21 meeting, council unanimously approved the interim use facility reservation program and the license agreement policy and associated fee schedule for the center. The facility reservation and rental program provides residents, nonprofits serving Laguna Beach, and other community organizations the opportunity to use the facility in coordination with the city’s recreation programming and other planned civic uses.

When council contemplated purchasing the property, they anticipated that the facilities would be ultimately repurposed to serve the broader community in a manner to be determined, pending completion of a master plan of the site evaluating all potential long term uses, Whalen wrote in the memo.

“As the City Council, and the community at large, continues to consider the optimal uses of the city’s newest public asset, it seems that the exploration of available parking solutions is an urgent need that must be undertaken by staff to inform us in our deliberations,” he said.

The first request on the agenda under councilmember items, is another request from Whalen for the council to reconsider the approval to remove a lemon-scented gum tree located at 387 El Camino del Mar.

Whalen is recommending that the city solicit, under the direction of the city manager or his designee, a level three risk assessment of the tree by a third-party certified arborist, to include ground-penetrating radar root mapping to determine the tree’s underlying root structure, performance of a static pull test and any recommendations for tree pruning to provide the council, and the community, an even more comprehensive understanding of the relative health and viability of the tree.

Council approved removing the tree on October 24. His decision supporting removal of the tree under the conditions described by the city’s arborist was a difficult one, Whalen wrote in the memo.

“However, I believed that it was the correct decision at the time,” he wrote. “Since then, I have been persuaded by the numerous requests of local residents to gather additional information to see if our prior decision should remain or be revised.”

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Council extends outdoor dining and parklet program, directs commission to review spaces used by Las Brisas

By SARA HALL

City Council last week approved extending the outdoor dining and parklet program for another two years.

Councilmembers voted 4-1 (Councilmember Alex Rounaghi dissented) on November 7 to continue the program until Jan. 1, 2026. The program includes businesses utilizing private and public parking spaces for outdoor dining through temporary use permits.

“The program is something we should continue to encourage,” said Mayor Bob Whalen.

As part of last week’s action, council also directed the Planning Commission to review the number of spaces used by Las Brisas restaurant for outdoor dining, which Rounaghi indicated was the reason behind his “no” vote.

Councilmember George Weiss questioned why Las Brisas, which already has their own outdoor dining area, needs to utilize 28 private parking spaces (significantly more than other restaurants participating in the program) to expand it even more.

It is fairly substantial, noted Community Development Director Marc Wiener, and they are looking into it. Staff recognizes that La Brisas is, by far, utilizing the most spaces, he added.

“They really have the lion’s share of the parking spaces under this program, so that is something that we are intending to look at when we take this back to the Planning Commission for the TUP and I do want to see if we can get that footprint reduced a little bit more and get some of those parking spaces open,” Wiener said.

Council could also consider setting a limit on the number of spaces that a site can utilize, he added.

Interim City Manager Sean Joyce recommended that council include the direction for the Planning Commission to look at the spaces being utilized by Las Brisas in the motion of approval, so that it’s written into the record rather than staff inferring that there was a consensus. Weiss clarified his motion for approval accordingly.

Whalen pointed out that since staff indicated they were already preparing to raise the issue with the Planning Commission about whether or not they should scale it back, this was just a formal part of the motion from the council to ask the commission to review it.

“They can decide whatever they want, they can decide no change (or) some change,” Whalen said.

Ultimately, a majority of councilmembers agreed.

Council extends outdoor dining parklets

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Photo by Mary Hurlbut

City Council approved extending the outdoor dining parklet program again

Councilmember Mark Orgill also suggested that when they work on the implementation of the Downtown Action Plan that staff look for opportunities where they can widen the sidewalks and accommodate outdoor dining without the parklets. He and other councilmembers agreed that they could improve the visual impact.

Mayor Pro Tem Sue Kempf noted that widened sidewalks are much more charming anyway. There’s plenty of room to do that in a lot of places, she pointed out.

A few councilmembers also agreed that the city should try to capture as many businesses as possible into the parking master plan.

Overall, he supports outdoor dining, Rounaghi noted, it’s popular and makes a lot of sense for Laguna Beach. It’s one good thing that happened as a result of the COVID-19 pandemic, he added.

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

Staff noted in the report 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.

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.

There are 15 restaurants currently participating in the outdoor dining program. Wiener noted 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.

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Commission OKs adding tattoo service to existing art gallery, public concerned for neighboring Laguna Tattoo

By SARA HALL

The Planning Commission last week approved adding a tattoo body art service component to an existing art gallery, with the condition that both uses are concurrently maintained and the tattoo stations are limited to two, but not without hearing concern for a neighboring longtime local tattoo shop.

Commissioners voted 3-1 on Wednesday (Nov. 1) in support of a conditional use permit to introduce the new service to Vatican Gallery, located at 618 South Coast Highway (between Legion and Cleo streets). The applicant agreed with both added conditions. Commissioner Steve Goldman was absent.

Most of the public speakers and letters on the item, as well as some comments from commissioners, raised concern that the business is just a few hundred feet from Laguna Tattoo, which has been operating at their shop within that same city block (at 656 South Coast Highway) for more than four decades.

Ultimately, a majority of commissioners agreed they couldn’t manage any potential competition.

Commissioner Jorg Dubin dissented.

“Philosophically, no,” he said during the vote.

When Dubin visited the space on a recent afternoon the gallery was closed, something several public speakers also noted. After the tattoo stations are placed, that leaves very little room to hang art, he pointed out. He’s been in the art business for 50 years and understands what galleries look like and how they operate, he said.

“I feel like what this will ultimately end up being is really more of a tattoo salon/parlor,” Dubin said.

He didn’t disagree with what his fellow commissioners said in terms of the application itself and making the findings for the CUP, Dubin said. He’s also not opposed to another tattoo shop.

“I just have a problem with the location and I can’t get away from that,” Dubin said. “I know that we’ve talked in the past about not getting involved in the competitive nature of business in this town, to let the fair market sort that out. I know that Laguna Tattoo has a lot of support from the community, from people who have used their services over many, many years. I can’t say that I can’t make the findings for the CUP. I just have a problem with the location. I wish it was not a half a block away from an established tattoo parlor.”

The new service at Vatican Gallery is very close proximity to another tattoo business and that is unfortunate, agreed Commission Chair Ken Sadler, but that isn’t part of what they consider while making decisions.

“The issue about competing businesses – it’s a tough one,” he said, “but it’s really not part of our purview. It’s not what we’re supposed to be doing up here when we evaluate any particular application.”

Competition is just part of the world, commented Commissioner Susan McLintock Whitin. Each business establishes a niche and a successful business has a group of followers, she said.

“Our business (as the Planning Commission) is not to protect businesses. Our business is to review applications for consistency with all the various general plan requirements and policies,” Whitin clarified.

Commission Chair Pro Tem Steve Kellenberg understands the concern about the competition, he asked staff about whether or not they should base their rationale to include competition from similar neighboring uses, but that doesn’t apply in this area.

“Even though there is some history of Downtown of managing competition among very selected uses that has kind of gone by the wayside and there’s more of a laissez-faire sort of philosophy that we’ve been adopting,” Kellenberg said.

When the commission evaluates this application, it should be strictly based on the findings that staff provided and whether or not the commission agrees with the analysis, said Community Development Director Marc Wiener.

“The city, we’re not allowed to evaluate it based on whether it creates competition for a neighboring business. We don’t have criteria for this part of our commercial district that speaks to capping businesses or looking to achieve a balance of uses. That does apply in the Downtown, or it has previously, (but) not for this location,” he said.

Commission OKs adding tattoo service gallery building

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Courtesy of City of Laguna Beach

The South Coast Highway street frontage where Vatican Gallery is located

The property is located in the C-1 zone (Local Business District). The purpose of the LBD zone is to provide for the retail and commercial needs of the city. Although tattoo body art facilities are not a prescribed land use in the C-1 zone, the commission may grant a CUP for uses that it deems to be similar and no more obnoxious or detrimental to the welfare of the neighborhood than any permitted or conditionally permitted use in the zoning district, explained Associate Planner Kate Kazama.

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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.

Council to consider releasing certain information parklets

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 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.

Council to consider releasing certain information parklets

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.

Inside City Hall Bob Whalen

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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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Shaena Stabler, President & CEO - Shaena@StuNewsLaguna.com

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