Summary: George Weiss: In this summary we discuss The Bluff Top Ordinance; Affordable Artist Work-Live Housing; a DRB (Design Review Board) Appeal A of a residence at 966 Coast View Drive; and, the release of the Police body-cam footage of the City Manager’s traffic citation.

Regular # 8: Bluff Top Ordinance, First Reading: 5-0 Vote to Initiate More Study:
 

Background: The goal of the proposed ordinance was to provide homeowners of bluff top properties (many of which are non-conforming) the ability to remodel and expand their properties without permits from the Coastal Commission (CC) --while also protecting our Coastal Bluff views for everyone.

The original proposed ordinance would have allowed certain homeowners and commercial property owners to expand almost to the face of the bluff. In cases where the bluff top was non-existent, discretion would have been given to the Director of Community Development to decide the scope of development. The potential impacts on commercial property development was unclear as staff were unable to provide direct answers about commercial property impacts.

GW: Luckily, residents learned about the proposed ordinance and its possible consequences. They wrote thought-provoking letters supported by past studies or City records, attended the April 4 Council meeting, and offered additional evidence, including from earlier soil studies of the cliffs and bluffs. Resident input showed that the evidence of low coastal bluff erosion presented by a consultant may have had errors. The consultant’s conclusions considered only rates of low erosion on the beach. On the other hand, bluff top landslides and cracking and sloughing of hard bluff stone at the blufftop have been increasing in Laguna and along the coast.

I want to thank all the residents who testified and did so much research: Tom and Ginger Osborne, Cathy Jurca, Gary and Betsy Jenkins, Village Laguna, Josephine Torbensen, Penny Elia, Paul Merritt, Theresa Scica, Cort Kloke, Shane McClatchy, Susan McDuffie, Neil and Ginger Fitzpatrick, Claude Morgan, M. J. Abraham, Joyce Weatherford, Ann Cox, Steven Stewart, Surfrider Organization, Regina Hartley, Tryg Sletteland, Ronnie Rogers, Janet Bescoby, Bryan Menne, Audrey Prosser, Anne Caenn, James Kelly, Sonia Maderia DeLey, Garth Nicholson, Hoiyin Ip, Anne Cox, Mandy Sackett, Kurt R. Wiese, Jim Kelly, Mark Christy, Kris Evans, Gene and Johanna Felder, Jordan Corngold, and more. (My apologies for missing anyone in this list).

Upon hearing and discussing this testimony, the City Council directed City Staff to do an Initial Study (IS is a shorter version of a full Environmental Impact Report- (EIR) (CEQA). There was some disagreement on Council about whether an IS or EIR was needed. We agreed that both types of studies can show the impacts of the Ordinance on the natural and built environment—although a full EIR could provide more details on the impacts. In the end, we voted for an IS as well as to maintain the current setback from the bluff face of 25 feet. 

Thanks to the Council for their decision to gather more data before implementing an ordinance that could have far-reaching consequences. This Ordinance will come back to Council once the Initial Study (IS) is completed.

Item # 9: Artist Housing and Workspace Units (Orgill and Rounaghi)
 

Background: An industrial site at which one or more artists also live came for sale recently triggering an interest in saving this site to provide affordable artist work-live housing. Kudos to Council Members Mark Orgill and Alex Rounaghi for bringing this forward for discussion. I think a majority of the Council are in agreement that the City, working in collaboration with a local housing organization, can make this and other affordable housing projects happen.

GW: I think we need to do two things: First, the Council needs to allocate all the TOT (Transient Occupancy Tax) now generated by Short Term Lodging to the City’s Housing Fund. We have about $750,000 in that fund now but really need a secure source of funding. If Council agrees to do this, it will generate between $400,000 to $500,000 a year. Second, we need someone to create a privately funded housing organization that could partner with the City to make this happen. Partnerships create a much better outcome as the community is more involved in the whole process. The council can act on the funding during the budget reconciliation meeting coming up in a couple of months.
 
 

Appeal A: 966 Coast View Drive:
 

Background: Three neighbors appealed this project. They thought it was not compatible with their neighborhood at close to 3,500 sq. ft., that it blocked views, exceeded height limits, and more. Neighborhood residents thought that their concerns were not considered by the Design Review Board (DRB). Council heard an allegation that DRB Board member, Don Sheridan, on a site visit with a neighbor, Mrs. Lombardo, a claim that they had the votes on the DRB to pass this project. If this allegation is true, then this is potentially a Brown Act violation.

GW: Mayor Pro-Tem Kempf recommended that the Director of Community Development talk to the DRB and remind them of the rules.

IN OTHER NEWS:
 

Video of City Manager Traffic Stop - YouTube

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Body-Cam Footage of City Manger’s Traffic Citation Released to the Public

 

Link to video: https://www.youtube.com/watch?v=OgAN6jwWRrs&authuser=0

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Clip produced by CBS News: https://youtu.be/EIM__WdwGH4

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GW: The body-cam footage is now available to the public at the link below. For your convenience, a transcript of the incident is below.

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Transcript from Shohreh Dupuis 11/16/22 Traffic Stop

 

• 1:09 into the recording:
   

• SD.  “I was talking to Jeff Calvert, sorry.”
   

• 3:20 into the recording:

• Officer Matt Gregg calls Chief Jeff Calvert

• “Sir, were you on the phone with the CM a few minutes ago?  Oh, so she wasn’t talking to you when I actually pulled her over.  OK. So she, ah, was on her phone before I, um, before she called you then.  So she’s going to get a ticket cuz she lied to me about it.  Cuz she was on her phone prior to me pulling you, pulling her over.  Alright, appreciate it sir.  Take care, bye.”
   

• 8:02 into the recording:
   

• Officer Matt Gregg calling/reporting to Dispatch?
   

• “LB Police Officer was doing a crosswalk enforcement on Coast Highway and Anita.  In between sessions noticed the defendant traveling northbound in the #2 lane but had her cell phone in front of her and was actually speaking into the cell phone as  ??? drove by her.  I did pull alongside of her close to Thalia, contacted the defendant  ?????.  I pull up alongside on the driver’s side, she was still on her phone.  She had pulled over, contacted the defendant, recognized her as the City Manager and the defendant stated she was on the phone with Chief Calvert.  I called Chief Calvert who said that he didn’t get notified about this until she called him advising him that she was being pulled over.  And that he was not on the phone with her at the time that I initially saw her.  ????? violation.”

 

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Disclaimer: All representations made in this email reflect the views of the author and are not official statements of the City of Laguna Beach or City Council. Any mistakes or omissions are the sole responsibility of the author, George Weiss

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