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First, start the meeting. So, Anne Marie, can I get a roll call vote, please?

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Council member Jones. Here, council member Kim. Here, council member Wailing.

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Here. Mayor Pro, Tim Orgill. Here. Mayor Renoggae. Here.

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And then we will have council member Jones, lead us in the Pledge of Allegiance.

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Close session announcements. City Attorney, do you have any close session announcements to report at this time?

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Thank you, Mr. Mayor, the City Council can be in the close session pursuant to items one through five on the close session agenda all five council members were present with respect to item number one the City Council did not discuss that item and with respect to

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item to be Councilmember Jones,

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recuse herself from participation on the item,

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due to a contribution to her campaign

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that was an excess of $250.

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And with respect to the remaining items,

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no reportable action was taken.

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Perfect, thank you.

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And then so now we're going to have,

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we have a recognition for our public's

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Department for the 2024 Project of the Year for the American Public Works Association Best Award.

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So congratulations on that.

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So we're going to have, and this is for the, in the drainage water and wastewater category

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for the Bluebird storm drain outfall and diversion structure rehabilitation.

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So tonight we're joined by Pat Summerville, the American Public Works Association to tell us

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more and present the award to public works.

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Thank you.

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Thank you, Mayor.

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Good evening, Council members.

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I am Pat Summerville, past president and awards committee chair for the Southern California

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chapter of the American Public Works Association, known as APWA.

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Our chapter cover is Los Angeles, Orange, Riverside, San Bernardino, Counties.

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We are the...

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The fifth largest chapter in the U.S. with nearly 1,400 members. Our mission is to promote public works, professional excellence, and awareness through education and advocacy.

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As part of that mission, the chapter recognizes the top public works projects of the year as part of our highly competitive annual best awards program.

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I'm pleased to announce that the City of Laguna Beach was selected for the Bluebird, Stormdream Outfall and Diversion Structure Rehabilitation Project, Gradulations.

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A few highlights of this project, the Outfall and Diversion Structure at the end of an 84-inch pipeline that collects over 400 acres of runoff.

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The structure captures transport and recycles all dry weather urban runoff.

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The diversion prevents trash debris and non-storm water from reaching the beach.

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The redirected runoff is sent to the South Orange County wastewater authority to treat

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and distribute this part of the recycled water system.

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Limiting runoff during the summer also maximizes the usable beach space and eliminates

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a physical barrier created by the storm of runoff.

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Construction was scheduled in the fall and winter to minimize public inconvenience, but because

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So that it also made construction even more complex because the contractor had to divert

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stormwater runoff during the wet season, as well as build a copper dam around the construction

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site to prevent the coastal tight impacting the construction site.

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The design integrated aesthetic features and coastal landscaping to incorporate it into the

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surrounding natural and developed elements.

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The project diverts over 4 million gallons of non-stormwater runoff from the ocean annually,

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improving water quality and quality life for the residents, visitors, and see life.

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So on behalf of APWA, congratulations to the City on your award.

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And we'll have the public works team come up for a picture.

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Oh, really?

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Okay, good.

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Thank you.

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Okay, so now the City of Laguna Beach is proud to recognize and celebrate our full-time

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employees who have reached milestone years of service and employment with the City during

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the fourth quarter of the 2024 calendar year.

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So after I call your name, please remain up here for the group photo.

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So, let's start off from the City Manager's office, we're going to recognize Gerald Bama

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Dred, Digital Communications Coordinator, one year of service,

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Aaron Fabian, Administrative

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Analyst, also one year of service, congratulations Aaron,

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and then from Community's Development

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Jonathan Rousy, who's a building plan checker, one year of service, congratulations.

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From Public Works and Utilities, Yanyan Lee, who's a project manager, one year of service.

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And

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then, now we're moving on to five years of service from Marine Safety, David, David

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Brunner, Marine Safety Lieutenant, five years of service

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from Transit and Community Services,

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Michael Ichir, Director of Transit Community Services,

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and then from our fire department, Grant Brady,

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five years as a fire engine, paramedic, was grant.

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And then the final group celebrating 20 years of service

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with the city, so also from our Fire Department,

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Chip Gilmore, Fire Captain's Hermetic,

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and then from Public Works and Utilities, Pat Nick.

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Local senior equipment engineer 20 years of service.

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At this point, we're going to be receiving an update

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from Chief King in response to the tragic fire that's going on in Los Angeles and Chief

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Calvert as well. So if the two of you want to please come up and provide an update to the council

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to the community.

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Good evening, Mayor. Members of the Council, the Equal King and Fire Chief,

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joined with Chief Calvert, our police chief this evening, and we're both here to provide an

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overview of the recent wildfires that have devastated Los Angeles County. These events have

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significant implications for our own wildfire preparedness and response strategies on Laguna Beach.

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On January 6, the Laguna Beach Fire Department was informed by the National Weather Service

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update that notify the red flag warning for the Orange County Coastal region.

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In this activation sets into motion several activities with our city staff.

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We increase our staffing levels with the police department, the fire department,

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our marine safety as well as public works.

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An additional dispatcher is placed on duty.

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We have community-wide communications to notify a high fire danger that's given

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through multiple channels with reminders of what actions to take in the event of an emergency.

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Have you equipment a stage for the emergency use in other construction projects that will

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be traffic or create a fire risk is stopped?

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Our community emergency response team as well as our red flag patrol volunteers deployed to

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keep an eye on the open space surrounding our city for any reports of smoker fire.

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An additional active action practice is assigning one of our fire engines to a county-wide

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strike team of engines, they assemble, and they can be immediately deployed in any direction

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upon request.

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On January 6, the National Weather Service updated its forecast for the Los Angeles County

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indicating a significant wind storm.

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They warned that the winds would accelerate to dangerous levels, beginning on the afternoon

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of January 7, lasting through the early January 8th.

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They described the event as potentially life-threatening and anticipated it to be the region's most destructive windstorm since 2011.

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At 215 p.m. on January 7th, the Palacades Fire started.

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The automatic aid resources are Orange County Strike Team with Laguna Beach Fire Engine 302,

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where immediately launched to the reported location on Pacific Palacades.

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At 340 on January 7th,

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the Eaton Fire started near Altadena and Pasadena.

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At four or five PM on that same day,

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the Hurst Fire started just north of San Fernando.

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On January 7th, during our update and changing conditions for the better

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in the Goon of Beach, in the extreme disaster that firefighters were facing in Los Angeles,

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the decision was made to allow the Goon of Beach,

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but we as engine joined the battle in the Pacific Palacades.

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Our firefighters at the Palaisade fronted an unprecedented

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confluence of extreme weather in fire conditions.

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The Ferocia Santa Ana winds, relentless heat, and critical low humidity

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created a firestorm that rapidly outpaced containment efforts.

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The intensity of the blaze forced firefighters to pivot from suppression to a

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singular focus, saving lives.

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The infernal spread with such speed and ferocity that many crews were forced

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to abandon traditional tactics and prioritize evacuation rescue efforts over direct fire engagement.

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This crisis underscored a harsh reality for the professional fire service, the scope and

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Of such incidents are outstripping traditional approaches. The Pacific Palace aid fire exemplifies the need to shift the conversation.

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Instead of attempting to provide quick solutions to this growing problem, it's essential to step back, reassess and fundamentally rewrite the problem statement.

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What is clear is that the system of place, while robust, are being tested beyond their design.

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Within 24 hours the number of fire resources requested in the single county reached a historic peak.

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Overwhelming even California's renowned master mutual aid system.

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The system, one of the largest and most practiced in the nation, struggled to meet the demands of simultaneous large-scale emergencies.

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Despite best efforts, highly trained personnel, the sheer volume of need exceeded capacity,

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forcing difficult decisions about resource allocation and response priorities.

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At the heart of the response firefighters relied on their core priorities,

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life safety first followed by property protection.

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This unwavering commitment provided a guiding principle in the chaos,

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but it also highlighted the immense challenges posed by challenging,

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changing climate and escalating fire risks.

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To move forward, the fire service must confront the reality

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that these types of incidents are not anomalies, but the new norm.

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This requires a collective effort to rethink strategies, policies, and resource allocation

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to prepare for our future of increasingly extreme events.

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As the fire chief, I'm appreciative of the support of both Council and the community.

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In the past couple of years, our department has been able to accomplish our standards of

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cover study, completed our strategic plan, which I'll be happy to present in the coming weeks.

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And has taken the initial steps at enhancing staffing both in our administration and with our suppression resources.

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We are all anxious and willing to take a closer look at our efforts to make sure we are on the right path

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and to make sure that our work is impactful.

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Lastly, six of our dedicated firefighters operating two engines have been assigned to assist with palacid fire

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joining the valiant efforts of crews from across the Western United States, Mexico and

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Canada to combat this unprecedented incident. While these individuals represent our

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department on the front lines of this historic event, I want to take a moment to recognize

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the extraordinary commitment of the professional workforce I'm honored to lead. Here at home,

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our firefighters have stepped up in every way imaginable, willingly taking on extra shifts to ensure

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going to be each remains protected while their colleagues are deployed.

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This speaks to the spirit and dedication of our team, the professionals who are not only

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anxious and willing to answer the call when they need to rise this but who also remain committed

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to our community and their public service.

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Their action is a testament to the resilience and professionalism and it should be give every member

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of the city confidence and the strength of our department.

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While we contribute to mutual aid efforts beyond our borders, we continue to provide the highest

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level of service to the residents in our own city.

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I'm going to head it off to the police team.

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Good afternoon, Mayor.

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We're a city council, Jeff Calvert, your place chief.

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I've been in law enforcement now for over 30 years

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and the devastation that we're seeing in L.A.

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is unparalleled and heartbreaking.

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I started with a beach police department in 1996

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and the emotional and financial impacts of the 1993

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looking at each fire were still very real and evident

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and our community and the anxiety of that catastrophe is still felt today.

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LA has a long road ahead of them.

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And it makes me very proud to see our community come together

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to provide material and financial aid.

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During a wildfire event, the primary mission of the Police Department is a protection of life by facilitating massive accusations of people in the impacted areas.

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In 2018, I had the opportunity within Mayor Bob Whalen to visit the city of Paradise following the destruction caused by the campfire.

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This was an opportunity for me to evaluate the management of the paradise campfire evacuation

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and the challenges they faced were eye-opening and chilling. It was a surreal scene.

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They had a robust evacuation plan in place. How many personnel in each intersection?

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How many cones in each intersection? But they weren't able to execute it.

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Because the speed of the fire, limited personnel, utility poles falling across roadways, power loss.

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And the evacuation of the dispatch center. Public works literally had to use heavy equipment, like an LA to move live power lines and vehicles from the roadways. So people could escape and allow emergency responders to enter the city.

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You could actually see large holes in the asphalt, where the cars burned into the payment.

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The City Council created the wild land fire mitigation and fire safety subcommittee led by

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council members, Bob Whale and a Sue camp, and to date the city has invested more than

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$25 million to improve our mitigation efforts.

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One of the recommendations from the subcommittee was the contract with KLD engineering

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to conduct an evacuation study.

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The study helped us understand how long it will take to evacuate our city, accounting for variables like time a day, road closures, access and pair of neighborhoods and contraflow.

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The study revealed that under normal roadway conditions, with no roadway hazards like solid vehicles,

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trees or power lines blocking the road, it will take 4 hours and 20 minutes to evacuate our community.

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If Laguna Canyon Road and North Coast Highway are rendered unavailable, you can add four hours to that calculation.

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Just to put it into perspective, the devastation that occurred in Lahina Maui, City of Paradise, and the Pacific Palacades took place within four hours because of the high winds.

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Like Laguna, each of these communities have limited evacuation routes.

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Our current city of evacuation plan breaks the city into 20 evacuation management zones.

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The maps of these zones are located on the city website along with the evacuation routes.

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Please go to the website.

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Know the name of your zone.

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Have a go bag.

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So when you receive an evacuation warning order through our alert and warning systems like

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sexual, wireless, emergency alert or social media,

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you will be prepared to leave.

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What's the difference between a warning and an order?

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A evacuation warning means there is a potential threat

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to life or property.

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And you need to start making preparations

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for an evacuation order.

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If there's an evacuation order, that means

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there's eminent life to threat of life and property.

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people in these areas need to gather their essential needs and start leaving.

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We utilize our evacuation plan during the 2018 Aliso Fire and successfully evacuated and

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repopulated two of the zones which had approximately 15 hundred residents.

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One of the lessons learned during this evacuation, like we witnessed in LA, is that several residents

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to not take essential needs, like medication, medical devices, and pets with them.

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We had to redirect essential personnel to drive them back to their homes.

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In L.A., they were quickly overwhelmed with these requests and just stopped assisting.

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We also use this plan in the 2021 Emerald Fire and the 2022 Coastal Fire.

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During the 2021 Emerald Fire, we issued an order to evacuate Emerald Bay, North Laguna,

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and Irvine Cove, following the announcements I did a windshield survey with Council

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Member Sue Camp and the City Manager, and to our surprise, the roadways were eerily

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empty and residents were not leaving.

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If you are ordered to leave, be a good community partner and be the first one out, not the last.

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Time and time again, we see people wait until the last minute, thinking they're going to save their home with a garden hose, and they become trapped.

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We understand the importance of your home, but it's not more valuable than your life, your family, or the life of the emergency responder who may have to save you.

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During a evacuation, we'll be relying heavily on outside of the agency assistance.

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We have outstanding relationships with our mutual aid police partners who will be assisting

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us with evacuations and traffic control.

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We also created mutual aid agreements with Newport and Irvine to utilize the Emergency Operations

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Center.

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If we have to evacuate City Hall and we are currently creating an alternate EOC location at

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community and recreation center. I've said it before publicly. One of the

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single greatest threats facing our community is our above ground utility

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poles. This is evidenced by the fire in the Hina Maui, the city of Paradise

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Campfire and the Lugin.

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All of these cities have limited evacuation routes, and because the above-ground power poles, either ignited, fell on the wind, or burned, it limited their ability to push out mass notifications, crippled escape routes, and hindered ingress for emergency responders.

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almost 200 people perished in the Maui and Paradise Fighters combined, causing more than 20 billion

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dollars in property damage and economic loss. Sadly, 24 people in counting have died in the

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LA fires and the cost to restore those communities may break new historic records. I appreciate

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Council Member Boylan's leadership back in 2018 to measure P placed on the ballot. This would have

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increase our sales tax by 1% to fund undergrounding.

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I did a little math and based on the projections, the city would now have $36 million

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to underground our utilities.

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But the measure did not receive 2-thirds of the votes needed for special tax.

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It's not if, but when a fire will happen again,

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and preparation is critical to mitigating property loss and preventing deaths.

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We have been proactive as a city to invest in wild land fire mitigation measures, but the question we should be asking ourselves is how can we afford not to address the threat of our overhead lines.

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Unfortunately, it takes a catastrophe to make disaster preparedness a priority. Let's not be that community.

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And closing, I want to thank the men and women of our police department who have taken time away from their families to upstaff during red flag days and high winds and the fire watch team and serve who have helped the troll our wilderness areas.

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Thank you.

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Well said, and thank you both.

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I'm going to have some comments that I'll save for after we are from the public and general public comms, but are there any specific questions to either of the chiefs right now?

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First of all, thank you both for excellent presentations.

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Chief King, I just had a question.

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Do we know how long our engines will be deployed?

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And will at some point they change out the cruise?

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The commitment is 14 days from the date of deployment.

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And we'll look towards rotating those cruise if they're kept.

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We know that they're hanging on all the resources right now,

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because of the second wind event that they're going through.

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But we should start to see hopefully the release of some of the resources.

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in the coming days.

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Yeah, do we have, you know, I was looking at the weather report, do we have any predictions

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for high wind here?

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We don't over the next couple of days, they're still predicting the red flag, high winds,

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an inland orange county and of course LA and north of there and venture county, but it's

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not impacting orange county coastal.

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Okay.

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Good report, you guys, thanks very much for doing that.

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I want to echo what you folks are saying that was an excellent presentation, but also just

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think both of you for your leadership of these teams. I can feel how dedicated you guys

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are to keeping all of us safe and I thank you for that. Chief King, can you talk a little bit about

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the priority if it is a priority of under-rounding power lines that might not be on roads,

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right? Like I'm thinking about the the fire road between archbiche heights and top of the world

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would that be a priority? Is it is it important?

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It is important. That's a place where the high winds are going to have an impact, not only for

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an ignition, but if we had to use the fire roads for egress and emergency grass and access

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for emergency equipment. Yeah. Thank you. And Dave, I think this is more a question for you. Can

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you give us just a quick update on under running over the canyon road? Sure. So we're progressing,

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have been progressing with the design plan that involves both the restructuring and redesign

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of the road with the utilities placed underneath them. That of course requires right now, at least,

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a relinquishment of the road by Caltrans.

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Caltrans does not allow my policy placement of

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utilities underneath its facilities. So I also think it's something we should do to talk

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take advantage of this opportunity and see if we can get

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count transit changes mine and say can you keep the road and put the

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but the utilities underneath it. But the most recent

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activity there we the public works team and I met with

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count transit talk about what they would give us in terms of revenue

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for a state of good repair in advance of their

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equation of an effort, so that's perceived.

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The meeting as well as the design finalization which will come to you soon for the recommended design for the road, which includes underground utilities.

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Thanks.

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I just want to share, I mean, in light of the chief, chief Calvert's comments, you know, since we're on the top of it, I was going to hold this, but there's an article in the early times today about the potential causes, and of course they say it will take months to pinpoint the exact causes.

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But there were some quotes from Dean Flores, who was, he, he is currently a member of the California Air Resources Board, and he's a former state senator, and I just thought his comments so encapsulated what I've been saying and others here at the city have been saying for so many years, and here's what he says, the past is taught us that utility equipment is a leading cause of California's deadliest wildfires.

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This historical pattern cannot be ignored when discussing preventative measures, he said.

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The real issue here isn't just how these lines, fires might have started, but how preventable

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they might have been.

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Then he goes on to talk a little bit about the public, the PUC, the California Public Utilities

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Commission, has undercut the wildfire prevention strategies by reducing funding for programs

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to put power transmission lines underground.

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Yes, undergrounding is expensive, he said it 3 million to 4 million per mile, but it

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pales and compares into the catastrophic cost of wildfires, like those devastating

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Los Angeles County, which can easily exceed 500 billion in damages.

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He said he believes the CPUC has inadvertently allowed these risks to persist by favoring

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quote, lower cost, less effective strategy, such as insulated wires, and vegetation management

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while deep prioritizing undergrounding.

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The Utilities Southern California Edison and PG&E have made some progress in reducing

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fire risks by undergrounding some of the lines, but the CPUC's funding cuts have forced

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utilities to reduce these efforts, and that even SE's modest plan to put 100 miles underground

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this year is at risk because the PC has to approve these undergrounding, the funding for

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is under grounding by the utilities.

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So I couldn't agree more with what the chiefs have said that, you know, we've been here

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locally talking about this for years now and hopefully with this tragic event and, you know,

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the two of the three fires now being potentially being investigated for potential utility

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caused being the cause of the of the fires.

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As a community, we just are going to need to really take a serious look at this.

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It's going to cost money.

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It's going to be expensive.

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But if you as as florist says here,

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it pales in comparison to the cost of the destruction that could ensue from a fire.

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And we've had the emerald fire.

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And we had the fire behind the ranch, coastal fire.

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We had the fire in 2015, we've had lots of warnings and you know we've been fortunate that you know

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through a good efforts of our fire department and frankly some lucky breaks with wind that

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it hasn't been completely catastrophic here.

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But sooner or later one of those is going to come along.

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So later tonight I'll be proposing the Council consider an agenda item to reactivate the

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our mitigation and fire safety committee that Council Member Camp and I started and as Chief

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King said, I think we just need to re-look at everything. We just need to re-look at everything

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and all the rules and all the assumptions and put everything back on the table and not all the

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solutions are going to be, you know, attractive to everybody, right? But we just need to, we just

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have to do.

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You know, Bob, along those lines, I was reading, and I don't remember what area it was,

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but when they do the PSPS shutdowns, as they re-energize the lines, they're finding multiple

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faults.

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That's another reason to get them underground, because they can't just turn about people

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got really impatient.

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I got a lot of text messages, people who were out of power.

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But, you know, if they turn them back on, they're going to have another possibility of a fire.

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So that's just another another data point to highlight why these lines need to be underground.

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Yeah, I'll just I was going to give comments now, but since everyone else is all just do the same.

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I joined the City Manager and Chief King to visit our firefighters out there and I asked a lot of questions and one of the striking things that that for me was was very interesting.

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It's we talk about undergrounding in the context of

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And that's a good reason why we need to underground. And you know, Bob, just mentioned the reasons for that. But what was striking is they described fighting two different fires, one of which was in a neighborhood that was not undergrounded and one was in a neighborhood that was undergrounded. And in the neighborhood where the utility poles were above ground, they had no idea whether or not the lines were energized, which meant that they had to make the assumption that it was energized, and that it could explode as they were famed.

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So it's significantly undermined their ability to fight the fire, because they were having to focus on the line, and that's not to mention all the evacuation impacts.

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So I think we really need to come up with a plan not only for undergrounding.

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We're going to came in a bit streamlining the approval of our assessment district so we can get the whole, I think we're around in the 70% range for our neighborhood assessment district.

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So if we can get that to 100% that's something that we have to do, and I totally agree with my colleagues that we need to throw out all the assumptions.

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about what has been and figure out what do we need to do to adjust to the new normal to keep the

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community safe and like Bob said it's not going to all be easy decisions it's going to

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there's going to be a cost but I think the cost of inaction is a lot higher than that cost so

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anyway it'll be a future something that an ongoing conversation that'll hopefully come back very soon

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about how we can continue our progress and implement these critical investments so thank you again

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you, Calvert, Chief King, and thank you of course to our firefighters who are literally risking

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their lives to protect.

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The people of Los Angeles, but also who are protecting us every day, so thank you.

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I'm going to take a moment and thank Bob and Sue since 2019, the efforts that they've made

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with the fire mitigation.

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We can always do better and Bob, you answered a question that I was going to ask, you know,

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start this conversation on what we can do better, but I don't want to underscore the progress

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that we've made since 2019, and I really have to commend you guys for all that progress.

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Thank you.

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Thank you.

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I totally agree.

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Okay.

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Any other questions or comments?

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We're good.

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Okay.

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Well, thank you.

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Thank you both.

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So at this point, City Manager, are there any additions or deletions to the council agenda?

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No, but one comment.

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And I think Megan, by the time we get to the agenda items 15 and 16 will be kind of combining

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that conversation for everybody, that's about the ADUs or the ADU or Netsus, but I don't

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have other changes.

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Any, so at this point, we're going to take public comments on non-negenda items.

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Each member of the public will have three minutes, and we will have public comments for

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total of 45 minutes.

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If you want to please line up for public comments on non-negenda items.

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Good evening, Billy Fried executive director of KXFM Radio in a tough week.

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I'm sure we're all feeling a big range of emotions, luck, despair.

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And I think that the fire chief and the police chief put it so succinctly.

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It's not a question of when it's a question of when.

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And I just want you guys to know what we're doing at the station to be a community partner

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and try to keep people safe, as soon as we heard the news, some of our volunteer hosts contacted

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city officials and asked them to call in specifically Chief King and give us an update which

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we then recorded and ran every single hour until I had an interview with Chief King later on

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in the week and went into greater detail. And he's been on my show three times now and I learned

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something new every single time. There is so much information to impart to keep us safe.

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And nobody at the station knew that there was a sequencing

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to our evacuation where we would find out

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what neighborhood we lived in.

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It just demonstrates that there's a lot,

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there's a death of information that's being disseminated.

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We intend to be that community partner to you guys.

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That's our role, that's our charter.

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We had 20 people in the station today

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going over protocols.

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How we broadcast, two-week contact,

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how they contact us

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and building out our own web page that would link to your web page to give people that zoning

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information, bug out back. And we're not the only ones that should be doing this. Everybody should

401
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be doing it. Whatever information we can provide, it's heartbreaking to see that, you know,

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it's just inevitable and have this destruction can do to people's lives and livelihoods. And I just

403
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want to say yes, please underground those power lines. This is no longer a political issue.

404
00:44:59,410 --> 00:44:59,790
Um, I...

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We have to disagree with the above and one thing that power lines aren't the cause. It's climate change. And it seems to be we've

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abdicated our fight against that and now we're only going after the symptoms. That's the power break or the winds or all these things, the extreme weather.

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These guys are overwhelmed. It's just unbelievable to hear what these firefighters have to go through.

408
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And, you know, the blame game that goes around the afterwards and

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politicization because, you know, there's no fighting against 100 mile per hour wins in that dry condition.

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So, we will continue to broadcast for you guys.

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We want you all to know what's going on.

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You have our commitment.

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00:45:38,540 --> 00:45:41,620
We have a backup generator generously provided by you guys.

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We went over how to use that, how to activate everything.

415
00:45:45,240 --> 00:45:47,320
So, any information that you wanted to disseminate.

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We'd like to invite you guys on the show.

417
00:45:49,280 --> 00:45:57,580
Let's keep the temperature high on this so everybody knows what to do when we have an emergency. Thank you

418
00:45:57,580 --> 00:45:58,560
Thank you

419
00:46:04,060 --> 00:46:06,600
You're a local gas fly

420
00:46:06,600 --> 00:46:12,040
As the members of the council know I sent an email today yesterday

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Based on an Washington Post article saying that

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People in Los Angeles

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various sectors of Los Angeles had asked for evacuation drills, which were not carried out

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in palaces, and which obviously would have been very useful because, among other things,

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cars were abandoned on the roadways, which then blocked access of fire emergency vehicles,

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and people ended up dying because ambulances could not get to them.

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And in our city, where the average, the median age is 15 years higher than the rest of the

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state, we're talking about people who do not move fast, many of whom are homebound.

429
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So I have been looking into this little brother and see that the Topanga Collation

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Coalition for Emergency Preparedness is a non-profit non-government

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association up there in Topanga. I don't know anything more than what I've read

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about them, but obviously what they've done is created a community organization that is funded

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by donations as well as by government to create a data preparedness for evacuation, not just

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for wildfire earthquakes and all of that kind of thing.

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I think that it's really important when the police chief kind of makes us the residents into

436
00:47:35,780 --> 00:47:40,320
enemy by saying we don't cooperate, you know, the issue is to create a sense of community,

437
00:47:40,960 --> 00:47:47,000
and a sense of understanding where we are and what we should be doing and how we can

438
00:47:47,000 --> 00:47:52,720
react under these kind of circumstances. If the wind changes, where do we go? If it's coming

439
00:47:52,720 --> 00:48:03,540
from there, where do we go? If it's to pangas, I'm giving, can you notice the block? Where do

440
00:48:03,540 --> 00:48:08,720
community block captains and they need people knocking on doors and saying,

441
00:48:09,220 --> 00:48:10,760
Hi, I'm your neighbor.

442
00:48:10,940 --> 00:48:11,960
This is what we're doing.

443
00:48:12,320 --> 00:48:15,200
If you need to know what's going on, you come knock on my door.

444
00:48:15,940 --> 00:48:24,780
That's how we can expedite our activities and evacuate the city when we need to do so.

445
00:48:24,920 --> 00:48:31,420
I'm willing to be part of that because it's going to take money to do these evacuation drills.

446
00:48:31,420 --> 00:48:40,980
We need to pay for just eating the volunteers and organizing the staff, but I think it's worthwhile

447
00:48:40,980 --> 00:48:50,320
because under that circumstance we create a sense of community and we also make it possible to deal with any kind of disaster in an expeditious manner.

448
00:48:50,740 --> 00:48:51,460
Thank you.

449
00:48:52,880 --> 00:48:53,380
Thank you.

450
00:48:54,720 --> 00:48:55,360
Next speaker.

451
00:49:02,020 --> 00:49:02,760
Hi.

452
00:49:02,760 --> 00:49:05,880
very, very long power shut-offs over the last several days.

453
00:49:06,400 --> 00:49:09,180
I'm actually not here to complain about that,

454
00:49:09,480 --> 00:49:11,680
but I did want to alert you to the fact

455
00:49:11,680 --> 00:49:14,960
that we also lost cell service completely

456
00:49:15,460 --> 00:49:17,460
for all of that period of time.

457
00:49:17,980 --> 00:49:22,060
So that meant that we could not only not monitor

458
00:49:22,720 --> 00:49:24,980
potential fire activity in the area,

459
00:49:25,460 --> 00:49:29,040
we could not respond to any evacuation order.

460
00:49:29,940 --> 00:49:31,820
And I want to emphasize that

461
00:49:31,820 --> 00:49:39,280
As citizens, we could not respond to a pending evacuation order if it occurred.

462
00:49:40,540 --> 00:49:46,480
So you also probably know that the California Utility Commission had required cell phone providers

463
00:49:46,480 --> 00:49:56,520
to provide at minimum of 72 hours backup generator power for every cell tower in a high risk area.

464
00:49:56,520 --> 00:49:59,740
Well, that is clearly not being...

465
00:50:00,000 --> 00:50:07,780
Being done appropriately in this area. Archbite's loss power, we lost cell service, top of the world,

466
00:50:08,040 --> 00:50:14,480
lost power, some people up there lost cell service. This crossed cell service providers. It was

467
00:50:14,480 --> 00:50:23,420
not a single provider that was at a problem here. It was all of them. So I'm here to ask you

468
00:50:23,420 --> 00:50:31,620
help us as a neighborhood comply with evacuation orders by ensuring that we can get information

469
00:50:31,620 --> 00:50:39,400
about evacuations when they occur. I have a go bag. I know where I'm supposed to evacuate,

470
00:50:39,900 --> 00:50:46,320
but if I do not get an order, I can't comply and we're all at risk here. So thank you very

471
00:50:47,400 --> 00:50:50,100
Thank you.

472
00:50:50,200 --> 00:50:50,380
Hi.

473
00:50:51,420 --> 00:50:51,880
Good evening.

474
00:50:52,040 --> 00:50:54,280
Thank you for your service at this serious time.

475
00:50:54,540 --> 00:50:58,220
I really appreciated Chief Nico and Chief Calvert.

476
00:51:00,280 --> 00:51:06,840
On the preventable side of this issue, I see ADUs being the Achilles tendon here because they have no fire code.

477
00:51:07,240 --> 00:51:09,400
Maybe we should address that.

478
00:51:10,520 --> 00:51:14,980
On other issues, I see that, you know, as I've been a proponent of bearing blinds,

479
00:51:14,980 --> 00:51:20,740
But I want to know how it's paid for and I'm not crazy about the

480
00:51:20,740 --> 00:51:27,340
Jerry Mandarin of our town and into these different districts where everybody has a different tax rate

481
00:51:27,340 --> 00:51:32,980
I think as a city we should have issues that we're able to tackle together and

482
00:51:32,980 --> 00:51:35,500
on an even enforcement an even

483
00:51:35,500 --> 00:51:36,820
Payrate.

484
00:51:39,630 --> 00:51:43,410
I want to talk about safety in Laguna meaning they're walking around town

485
00:51:43,410 --> 00:51:45,770
Glinary cross streets

486
00:51:47,190 --> 00:51:51,590
crosswalks. There was a guy that had an incident in front of a sky loft and I know

487
00:51:51,590 --> 00:51:58,170
it's a big deal. I appreciate our planning and I would like to propose an X

488
00:51:58,170 --> 00:52:05,030
crossing at Thalia and X crossing at Oak in an X crossing at Cress. I would like the

489
00:52:05,030 --> 00:52:11,410
cars to be six feet back from the crosswalk. Some guy was playing with me today and

490
00:52:11,410 --> 00:52:20,190
brand is Ford F250 right up to the line just to play with me and it's like dude, I almost

491
00:52:20,190 --> 00:52:23,010
get hit every day, it's not a joke.

492
00:52:24,510 --> 00:52:33,230
So those are my main issues, the EDU issue is serious, it affects my CC and R, the views and

493
00:52:33,230 --> 00:52:39,630
fire standards are my priority. I'll yield the rest of my time thank you. Thank you.

494
00:52:41,390 --> 00:52:46,750
Next speaker please. Good evening Mr. Mayor City Council. My name is Michael Morris.

495
00:52:47,810 --> 00:52:53,010
And first of all I did want to acknowledge the tragedy that's been happening up north and our

496
00:52:53,010 --> 00:52:58,450
hearts go out to all those folks and I'm so proud that our city has been able to through the mutual

497
00:52:58,450 --> 00:53:04,070
a late agreement, play a part in helping to mitigate some of the danger in the damage,

498
00:53:04,630 --> 00:53:06,930
but obviously it's still continuing.

499
00:53:08,990 --> 00:53:17,390
I appreciate that Bob is going to suggest reconstituting the wildfire group on a future agenda.

500
00:53:18,470 --> 00:53:22,870
And I think there are lots of good ideas that will be hearing from both the professionals

501
00:53:22,870 --> 00:53:29,570
and as residents. One thing that's concerned me consistently in my neighborhood with the title

502
00:53:29,570 --> 00:53:36,430
wave of construction that's been going on for the past five years is, and as Mr. Orgel

503
00:53:36,430 --> 00:53:44,130
can attest to, the neighborhood is constantly littered with construction equipment. And that's

504
00:53:44,130 --> 00:53:50,850
not just the heavy equipment that comes regularly on 53-foot flatbeds, but daily for the past four

505
00:53:50,850 --> 00:53:58,330
years, dozens of pickup trucks take up virtually every street parking that is available near

506
00:53:58,330 --> 00:54:01,730
their projects competing with residents.

507
00:54:02,830 --> 00:54:10,430
So I'd make a modest proposal, a low-cost, simple proposal, to expand the red flag alert

508
00:54:10,430 --> 00:54:19,110
procedures to include a restriction of on-street parking by construction-related vehicles

509
00:54:19,110 --> 00:54:26,430
during red flag periods. I believe that we average 5 to 10 red flags per year, so it's really

510
00:54:26,430 --> 00:54:29,350
a very minimal request.

511
00:54:31,470 --> 00:54:35,310
And the construction crews, if they organize themselves, they could

512
00:54:35,310 --> 00:54:43,250
certainly carpool and drop off, but they just need to clear the roadways with just the endless

513
00:54:43,250 --> 00:54:48,710
numbers of vehicles that they currently have. I had some photographs that I took this morning,

514
00:54:49,110 --> 00:54:59,930
There were every spot on Lower Skyline, Mystic Way, which is only 27 feet wide and on a good day, the trash trucks.

515
00:55:00,000 --> 00:55:08,180
Can't get through. Every single available streetside parking space was taken up by construction

516
00:55:08,180 --> 00:55:15,200
crews and residents. And I think that we might consider limiting construction activities during

517
00:55:15,200 --> 00:55:19,780
red flag periods. Thank you. Thank you. Next speaker, please.

518
00:55:20,620 --> 00:55:25,160
Hey, guys. Thanks for having me here. I'm Mary and Kagan with the Art of Fitness. I had a whole agenda

519
00:55:25,160 --> 00:55:30,780
talk about parking, but quite honestly I feel in tears because I had a friend staying with me

520
00:55:30,780 --> 00:55:37,820
from California. I have very good friends who lost four houses and Pacific Palace saints.

521
00:55:39,660 --> 00:55:44,100
So, this parking thing to talk, I can talk about it later. I did send you guys all the email

522
00:55:44,100 --> 00:55:49,020
on it so you can read it when you have a time, you know what you wrote in Leisure. But I do want to

523
00:55:49,020 --> 00:55:54,400
save it 15 years ago, our neighborhood was underground and it gives me a lot of sense of security

524
00:55:54,400 --> 00:55:56,880
because there's a lot of trees around there.

525
00:55:57,280 --> 00:55:59,240
And so it's just nice and everything's underground.

526
00:55:59,380 --> 00:56:03,040
I think it's significant to protect our community.

527
00:56:03,320 --> 00:56:06,360
I've been a part of this community for a long time.

528
00:56:07,180 --> 00:56:09,600
So I'm on board with everything that they said.

529
00:56:10,300 --> 00:56:12,060
I think that our department, our fire department,

530
00:56:12,120 --> 00:56:13,580
they do a fantastic job.

531
00:56:14,100 --> 00:56:15,160
So thank you guys for that.

532
00:56:15,160 --> 00:56:16,480
I really, really appreciate it.

533
00:56:16,800 --> 00:56:18,160
And we can talk about this later.

534
00:56:18,600 --> 00:56:20,860
I think, oh, one other thing.

535
00:56:20,860 --> 00:56:25,960
And we do have, at the art of fitness, we do have food that we're collecting, we're collecting

536
00:56:25,960 --> 00:56:30,580
clothes, we've opened up our services to first responders.

537
00:56:31,120 --> 00:56:35,620
So anybody wants to come in and just, you know, have a break on us.

538
00:56:36,000 --> 00:56:37,020
Just let us know and thank you.

539
00:56:37,020 --> 00:56:37,400
Thank you, guys.

540
00:56:38,200 --> 00:56:39,240
Thank you.

541
00:56:42,380 --> 00:56:44,800
Good evening, Mayor Runaqi and Council.

542
00:56:45,020 --> 00:56:50,620
My name is Elena Eater and I am the Education and Leadership Manager for the Laguna Ocean Foundation.

543
00:56:50,620 --> 00:57:02,480
I wanted to personally introduce myself, but also to provide you all with some updates and to sincerely thank you for all of your support of our efforts throughout Laguna Beach.

544
00:57:03,440 --> 00:57:19,780
We are, once it oversees the type of education at eight different sites across Laguna Beach and whether it's providing marine protected area rules to visitors or offering ocean awareness activities to students out at field trips or

545
00:57:19,780 --> 00:57:25,100
or even a share in our passion for the tide pools.

546
00:57:25,500 --> 00:57:28,100
As long as people will let us talk about it

547
00:57:28,100 --> 00:57:31,520
and they'll listen, we are there at the tide pools.

548
00:57:32,180 --> 00:57:35,200
And outside of the tide pools, though,

549
00:57:35,280 --> 00:57:38,980
we are working on efforts for our beach cleanups.

550
00:57:39,500 --> 00:57:42,360
And one that we partner with the city on

551
00:57:42,360 --> 00:57:44,520
is the California Coastal Cleanup,

552
00:57:45,060 --> 00:57:47,360
which I think a few of y'all also attended

553
00:57:47,360 --> 00:57:49,280
and showed your support at which I appreciate.

554
00:57:49,280 --> 00:58:02,460
We partner with the police department for that event and we're also partnering with the Laguna Beach Chamber of Commerce on seven other beach cleanups throughout the 2025 year.

555
00:58:02,860 --> 00:58:13,460
So we held our first one on January 4th and within one hour we collected 20 pounds of trash, so we're just excited to continue these efforts throughout the year.

556
00:58:13,460 --> 00:58:16,860
And we also are looking forward to our health best event,

557
00:58:17,080 --> 00:58:20,220
which we hold annually out at the cobblestones every summer.

558
00:58:20,760 --> 00:58:26,540
And we also recently partnered with the Laguna Beach High School for their flow program,

559
00:58:26,760 --> 00:58:32,480
which we are providing mentorship for the 11th grade students that are focusing their

560
00:58:32,480 --> 00:58:34,340
film production on an ocean theme.

561
00:58:34,460 --> 00:58:42,220
So we're offering assistance and encouraging them to choose topics that affect us and impact us locally here,

562
00:58:42,220 --> 00:58:45,920
so that they can better understand our environment

563
00:58:45,920 --> 00:58:47,980
and how they can help make a difference

564
00:58:47,980 --> 00:58:49,040
within the community.

565
00:58:50,900 --> 00:58:54,620
And lastly, I'd like to mention our amazing partnership

566
00:58:54,620 --> 00:58:57,600
with Rich German, with Project OF Foundation

567
00:58:57,600 --> 00:58:59,500
and the Caribbean South Coast Theatre.

568
00:59:00,160 --> 00:59:02,280
We've recently been working with them

569
00:59:03,100 --> 00:59:06,000
for bringing students from Compton Unified School District

570
00:59:06,000 --> 00:59:08,040
down to Laguna Beach for the day.

571
00:59:08,480 --> 00:59:10,520
So their field trips starts at the theater

572
00:59:10,520 --> 00:59:15,120
And they get mesmerized by Rich's videos and his stories,

573
00:59:15,280 --> 00:59:18,900
but this is a lot of the students first time to the beach,

574
00:59:19,440 --> 00:59:23,060
and we're able to provide that in thanks to your hard work and dedication

575
00:59:23,060 --> 00:59:24,340
in protecting these resources.

576
00:59:25,160 --> 00:59:28,840
So thank you for everything you do for the city and supporting our efforts.

577
00:59:29,020 --> 00:59:30,740
I look forward to continuing this partnership.

578
00:59:31,240 --> 00:59:32,420
And these are for y'all.

579
00:59:35,330 --> 00:59:36,810
Thank you. Next speaker, please.

580
00:59:37,850 --> 00:59:39,370
Good evening, Council. And Kristoff.

581
00:59:39,370 --> 00:59:45,970
I just wanted to mention that I'm so happy that you are going to reconstitute that committee.

582
00:59:46,870 --> 00:59:54,730
And I would suggest that you also look into water systems that could be enhanced for fire protection.

583
00:59:55,010 --> 00:59:59,810
And I'll send you all a photograph of a village that I visited.

584
01:00:00,000 --> 01:00:27,340
In Japan, where they have historical Japanese farmhouses with fetched roofs and surrounded by a mountain, with lots of vegetation on it, and they decided for sure they did not want these houses to burn, and they have a robust system of water cannons that they can turn on at the sign of a possible fire.

585
01:00:27,340 --> 01:00:29,420
and it just occurred to me,

586
01:00:29,500 --> 01:00:32,140
aren't our houses just as precious

587
01:00:32,620 --> 01:00:34,380
and shouldn't we be doing the thing

588
01:00:34,380 --> 01:00:36,420
that we know is gonna work best

589
01:00:36,420 --> 01:00:40,080
which is to get them wet in the face of fire.

590
01:00:40,780 --> 01:00:43,300
And so I'm hoping that you will strongly

591
01:00:43,300 --> 01:00:45,660
consider that civic association

592
01:00:46,860 --> 01:00:49,300
sent a number of years ago

593
01:00:49,300 --> 01:00:52,320
a plan of a reclaimed water system

594
01:00:53,020 --> 01:00:55,260
reservoirs that would go from the Lisa Canyon

595
01:00:55,260 --> 01:01:01,100
to molten metals to top of the world and then work its way north.

596
01:01:02,760 --> 01:01:10,540
And those reservoirs could be at the ready at all times, not part of the domestic system,

597
01:01:11,360 --> 01:01:25,240
but would be available in an emergency and also to water and irrigate the edges of the

598
01:01:25,240 --> 01:01:27,680
not then be going out to see.

599
01:01:28,480 --> 01:01:31,880
So these systems, I think, will be expensive.

600
01:01:32,760 --> 01:01:37,920
I heard that John Pete said they would cost $30 million,

601
01:01:38,680 --> 01:01:42,240
but that's only six houses in today's economy.

602
01:01:43,380 --> 01:01:48,700
And if we lost any of them, it would be such a great tragedy.

603
01:01:49,600 --> 01:01:51,640
I'd also like to bring to your attention

604
01:01:51,640 --> 01:02:00,820
that the hospital is seems to be phasing out without saying anything, and if we don't have

605
01:02:00,820 --> 01:02:09,120
our hospital functioning, that's a huge link in our ability to respond to emergencies.

606
01:02:10,420 --> 01:02:16,880
The other thing that's been noticed of South Dakota seems to be the place to face things

607
01:02:16,880 --> 01:02:24,400
without telling anybody, the South is going to post office, had that sign disappear

608
01:02:24,400 --> 01:02:32,540
about six months ago. Now it's flag has disappeared. And the other last week,

609
01:02:32,580 --> 01:02:39,700
somebody was in the parking lot and the post office was locked, no explanation, no sign.

610
01:02:39,700 --> 01:02:48,180
and so I'd like to request that you put the weight of the City Council behind figuring that out.

611
01:02:48,200 --> 01:02:50,040
We don't want to lose that post office.

612
01:02:50,260 --> 01:02:52,520
It's really an important community asset.

613
01:02:53,060 --> 01:02:53,620
Thank you.

614
01:02:53,680 --> 01:02:54,720
Thank you.

615
01:03:04,870 --> 01:03:08,430
Matt Lawson and to quote a former Chicago mayor,

616
01:03:08,750 --> 01:03:11,810
let's not let a good crisis go to waste.

617
01:03:13,010 --> 01:03:18,650
In any case, I think we need to take a hard look at what we're doing

618
01:03:18,650 --> 01:03:24,310
not doing here. A few days ago, I read a very interesting article that was kind of an opinion piece

619
01:03:24,310 --> 01:03:28,830
in the Wall Street Journal. It was written by a fellow who's a professional author. I think

620
01:03:28,830 --> 01:03:34,730
a screenwriter who lived in a little street up in Pacific Palisades called Paso Amiramar. I lived

621
01:03:34,730 --> 01:03:39,790
on that street for the first seven years. I lived in California. And it's substantially identical

622
01:03:39,790 --> 01:03:46,370
to where I lived now and I'm in Crestview. What happened in Paradise? What happened in La Heina?

623
01:03:46,370 --> 01:03:49,110
These are hundreds and thousands of miles away.

624
01:03:49,730 --> 01:03:53,510
What happened in Pacific Palisades is about 50 miles away or 60.

625
01:03:53,810 --> 01:03:57,810
And an environment that's substantially identical to where we're standing.

626
01:03:58,310 --> 01:04:00,550
There are a bit for the grace of God, period.

627
01:04:01,990 --> 01:04:05,590
Whatever we know what to do, we know how to reduce our fire risk.

628
01:04:05,910 --> 01:04:10,910
The fact is that wildfires in a coastal desert climate that we live in are inevitable.

629
01:04:11,550 --> 01:04:15,530
They will inevitably get worse as our climate is changing and it's not changing for the better.

630
01:04:16,550 --> 01:04:22,990
What is not inevitable are these wildfire disaster incidents where dozens or hundreds of people

631
01:04:22,990 --> 01:04:29,410
lose their lives and thousands, tens of thousands of people lose their homes and the difference

632
01:04:29,410 --> 01:04:32,610
that we can make there is rather substantial.

633
01:04:33,530 --> 01:04:38,110
We need to implement as quickly as possible the recommendations from the standards of

634
01:04:38,110 --> 01:04:43,770
cover and study that was completed about a year, I think about a year ago, and presented

635
01:04:43,770 --> 01:04:49,250
last June, we need to move forward with under grounding as rapidly as we can, the U.S.

636
01:04:49,530 --> 01:04:55,930
Forest Service to the study, and basically identify 32,000 wildfires, not all of them

637
01:04:55,930 --> 01:04:59,910
Disaster incident spiny means but 32,000 wildfires

638
01:05:00,300 --> 01:05:08,140
Sparked by above ground utilities in a 28-year period, ending in 2020. That was when the study ended.

639
01:05:08,900 --> 01:05:14,020
So I mean, it's a very common occurrence. We've seen it here about four times in the last dozen years.

640
01:05:14,260 --> 01:05:22,540
Any one of those incidents could have destroyed the city. Every single above ground utility line you see is a potential loss of the city, period.

641
01:05:22,660 --> 01:05:25,020
And we have to treat them that way. They're mortal threats.

642
01:05:26,540 --> 01:05:30,680
And last, so when it comes to things like emergency circulation, we've got to take this seriously.

643
01:05:30,840 --> 01:05:36,200
Now I heard Mike Morris make us a gestion and I don't disagree with it at all, but I think we need to broaden it.

644
01:05:36,220 --> 01:05:40,420
The fact is that we've had a pilot program in Diamond Crestview now for 10 years.

645
01:05:40,860 --> 01:05:42,680
We're supposed to be a model for the rest of the city.

646
01:05:42,760 --> 01:05:48,100
It's red flag parking restrictions period across the board on these narrow streets.

647
01:05:48,180 --> 01:05:54,520
And it could make the difference between losing a few homes and losing two or three hundred of our residents in a wallfark.

648
01:05:54,520 --> 01:05:56,060
because they can't get out.

649
01:05:56,400 --> 01:05:59,700
And lastly, if you can't get so your data,

650
01:06:00,060 --> 01:06:02,140
which is a totally regulated by the federal government,

651
01:06:02,300 --> 01:06:04,520
the city can't do a blessed thing about it.

652
01:06:05,040 --> 01:06:07,120
There is nothing that prevents you from just leaving.

653
01:06:07,560 --> 01:06:09,340
No one ever burned a death in a city

654
01:06:09,340 --> 01:06:12,020
where they weren't physically present,

655
01:06:12,160 --> 01:06:13,520
just be somewhere else.

656
01:06:13,780 --> 01:06:14,340
Thank you.

657
01:06:14,520 --> 01:06:16,620
Have a good evening, and I want to congratulate our police

658
01:06:16,620 --> 01:06:19,200
and fire for all that they do, and thank them.

659
01:06:19,400 --> 01:06:21,080
And thank you for all that you do.

660
01:06:21,500 --> 01:06:22,140
Thank you.

661
01:06:22,140 --> 01:06:23,580
Thank you.

662
01:06:27,940 --> 01:06:28,260
Good evening.

663
01:06:28,640 --> 01:06:28,920
Council.

664
01:06:29,000 --> 01:06:30,320
My name is Scott Martin.

665
01:06:31,340 --> 01:06:41,100
I'm addressing something that seems to be completely off topic, but since the city converted

666
01:06:41,100 --> 01:06:48,820
from waste management to CRNR, the multi-family rates, at least mine, have increased

667
01:06:48,820 --> 01:06:54,360
tenfold and I have not been able to get any results.

668
01:06:55,300 --> 01:07:07,000
any information, the lady that you put us in touch with Miss Bureda has not responded to emails, calls, text messages,

669
01:07:10,140 --> 01:07:24,280
and we continue to pay the original amount that we were paying with waste management before the changeover, they are not crediting it to our account, they are saying we are paying nothing.

670
01:07:25,080 --> 01:07:29,120
And I would like to see if we can get this matter investigated.

671
01:07:31,720 --> 01:07:31,920
Thank you.

672
01:07:32,060 --> 01:07:36,140
The city manager has, I think, will I respond to that?

673
01:07:36,680 --> 01:07:38,700
Yeah, that's coming to the castle in February.

674
01:07:39,740 --> 01:07:41,340
I thought it was coming tonight.

675
01:07:41,900 --> 01:07:42,440
Oh, no.

676
01:07:42,600 --> 01:07:42,760
No.

677
01:07:44,420 --> 01:07:44,920
Thank you.

678
01:07:45,120 --> 01:07:46,420
The first meeting or the second.

679
01:07:47,620 --> 01:07:51,880
I think Mark, you were not seeing it all the sudden.

680
01:07:52,500 --> 01:07:55,120
the CC and our CR and our update.

681
01:07:55,640 --> 01:07:56,540
We have it on the first.

682
01:07:59,270 --> 01:07:59,310
Yeah.

683
01:08:00,350 --> 01:08:01,010
Hold that thought.

684
01:08:01,150 --> 01:08:01,870
We'll make sure we get.

685
01:08:01,870 --> 01:08:02,150
Okay.

686
01:08:02,550 --> 01:08:04,090
Right now is the 11th of the 25th.

687
01:08:04,130 --> 01:08:06,410
We have a little bit of homework to do to finish up.

688
01:08:07,270 --> 01:08:07,530
All right.

689
01:08:07,650 --> 01:08:09,010
Thank you.

690
01:08:09,130 --> 01:08:09,310
Okay.

691
01:08:09,370 --> 01:08:11,010
This is our final speaker for.

692
01:08:11,330 --> 01:08:11,510
Okay.

693
01:08:12,630 --> 01:08:12,990
No.

694
01:08:13,170 --> 01:08:15,010
Are there any other speakers you want to speak?

695
01:08:16,010 --> 01:08:17,270
I'm sorry Mr. May I have a correction.

696
01:08:17,590 --> 01:08:19,010
That's January 28th.

697
01:08:19,010 --> 01:08:19,450
That is coming.

698
01:08:19,570 --> 01:08:19,850
Okay.

699
01:08:20,090 --> 01:08:20,550
January 28th.

700
01:08:20,610 --> 01:08:21,330
So the next meeting.

701
01:08:21,330 --> 01:08:22,330
Thank you.

702
01:08:24,270 --> 01:08:27,530
Good evening, Mayor Rinaughe and Council members.

703
01:08:27,970 --> 01:08:29,270
Thank you for all your hard work.

704
01:08:29,530 --> 01:08:33,630
Thank you to our fire department and all the servant leaders in this room.

705
01:08:34,370 --> 01:08:36,150
I'm here to ask for help.

706
01:08:36,730 --> 01:08:39,790
What is going on with the fires is not a joke.

707
01:08:40,070 --> 01:08:47,190
I don't feel we're prepared, so we are organizing a volunteer committee, which is called

708
01:08:47,190 --> 01:08:49,430
the Green Ribbon Project.

709
01:08:49,430 --> 01:09:05,870
It was named last night by Dale Geer, who is a fantastic community leader who donate succulents to our nonprofit, and he is the Vice Chair with Chris Spitalary, who actually stopped the Emerald Fire.

710
01:09:06,650 --> 01:09:13,490
I first began volunteering, before our mayor was born, with the fire in, I think it was 93.

711
01:09:14,670 --> 01:09:22,130
I'm a mother of three. I've lived here for 35 years, and I'm all about holistic wellness,

712
01:09:22,850 --> 01:09:31,290
which is prevention over pharmaceuticals. And I think we're living at a time where we have to live more in harmony with nature,

713
01:09:31,290 --> 01:09:39,470
And we have to be preventative as a city and we have to find ways to work with nature in a healthy manner.

714
01:09:40,050 --> 01:09:47,550
So our project is to create a 50 foot thick fire break made of succulent plants.

715
01:09:48,350 --> 01:09:53,850
And it's not a fire break, as Chris said, it's a fire stop. It will stop the fires.

716
01:09:53,890 --> 01:09:58,690
It will support what's going on right now with our fire department.

717
01:09:58,690 --> 01:09:59,730
and it can be...

718
01:10:00,000 --> 01:10:10,620
The multi-generational volunteer and activity for mental wellness that leads us to nature while we're working together, hopefully off of our telephones.

719
01:10:11,620 --> 01:10:22,940
Also, I wanted to say that it's going to take your help. It's going to take everyone in this room. It's going to take this city council, all of you.

720
01:10:22,940 --> 01:10:32,160
So, we can work with OC Parks because we're going to need permission, so Alex, or Mayor, it might take you asking Katrina Foley to help us.

721
01:10:32,540 --> 01:10:35,040
It might take some philanthropists to help us.

722
01:10:35,280 --> 01:10:36,680
It's not really about money.

723
01:10:36,760 --> 01:10:42,060
I think that we can get the succulents donated, and I'm fearless about asking for help.

724
01:10:42,560 --> 01:10:43,640
And that's why I'm here.

725
01:10:43,940 --> 01:10:51,520
I think we're all here at a really special time for us to learn together how to work in harmony with our environment.

726
01:10:51,520 --> 01:10:53,880
And again, thank you.

727
01:10:54,360 --> 01:10:57,280
I wanted to add two more things real quick.

728
01:10:57,740 --> 01:10:59,000
I am a gratitude teacher.

729
01:10:59,300 --> 01:11:00,740
I'm a certified teacher.

730
01:11:01,640 --> 01:11:04,060
And I was misquoted in an article.

731
01:11:04,580 --> 01:11:07,520
Gratitude is actually for emotional mastery,

732
01:11:08,080 --> 01:11:09,640
for substance abuse prevention.

733
01:11:10,460 --> 01:11:13,200
And I will put a attraction in for that article.

734
01:11:13,760 --> 01:11:17,080
And lastly, thank you all for all the idea.

735
01:11:17,860 --> 01:11:18,880
Thank you.

736
01:11:19,780 --> 01:11:20,680
Our final speaker.

737
01:11:21,820 --> 01:11:23,080
My name is Chris Bittalary.

738
01:11:23,300 --> 01:11:26,840
I thank you guys for your potential support.

739
01:11:28,060 --> 01:11:32,080
We've had an animal rescue sanctuary for approximately 50 years

740
01:11:33,360 --> 01:11:37,700
and from the very beginning, the fire department essentially said

741
01:11:37,700 --> 01:11:40,020
because of our geography, of our situation.

742
01:11:40,880 --> 01:11:44,120
They would not be able to help us in a while or very little

743
01:11:44,120 --> 01:11:52,120
fed all in a wildland fire so that made us have to have a solution to save the animals so we

744
01:11:52,120 --> 01:12:02,940
created a basically a fire stop fire break which stops the fire. We had trees, certain kinds of

745
01:12:02,940 --> 01:12:08,840
trees that they catch the embers and the act as a heat shield and all those embers and with

746
01:12:08,840 --> 01:12:16,560
winds it drops down into the succulents with different rows and pathways so that the embers

747
01:12:16,560 --> 01:12:21,020
get caught up in there so the wind can't blow them up and out and they just go out because

748
01:12:21,020 --> 01:12:29,480
succulents were the most part don't burn and then we had other pasture areas that help slow

749
01:12:29,480 --> 01:12:38,020
the fire down and cactus rings around the whole area so in the 93 fire the animals weren't

750
01:12:38,020 --> 01:12:40,460
most of everything survived,

751
01:12:43,020 --> 01:12:46,740
and no fire guys were up there at the time. In fact they were

752
01:12:47,800 --> 01:12:54,040
halfway down the street, and at the end the fire chief and other fire officials said our

753
01:12:54,040 --> 01:13:00,520
sanctuaries stopped the fire, which saved the neighborhood on that side. The other side of the hill

754
01:13:00,520 --> 01:13:07,200
where there wasn't a fire stop. There was 60 houses burned, they came right down to the fire guys,

755
01:13:07,200 --> 01:13:37,160
which, which cool they put out the fire there, so that, and, and, and, and, and again, I don't want to put any fire guys at risk. So I totally understood them not being able to go up there and I wouldn't want them up there because it is risky. So that's why we created that system and in the emerald fire. So the fire guys that were up there after the fact and, and just, as it, we, we couldn't evacuate in time. At that, in four, three or four in the morning, the fire was right on our sanctuary.

756
01:13:37,160 --> 01:13:43,160
right there, the fire guys came up and evacuated. I immediately went to the hillside because I knew it was a

757
01:13:43,160 --> 01:13:53,400
safes. And basically the fire stopped there, they had fire dropping water away further back,

758
01:13:54,380 --> 01:14:01,560
but it helped. And the fire guys said, our situation, we weren't lucky, they were impressed with our

759
01:14:01,560 --> 01:14:07,980
system that it worked. So it worked in the 93 and it worked in the Emerald Fire, so

760
01:14:07,980 --> 01:14:13,660
and there's millions of gallons of water going out through the sewer system, mile out

761
01:14:13,660 --> 01:14:19,620
offshore. Some of that could be implemented around Laguna, that water source, and create

762
01:14:19,620 --> 01:14:23,880
these succulent gardens and overtime. You don't get any more water.

763
01:14:24,440 --> 01:14:27,680
There's just something to think about. Thank you. Thank you.

764
01:14:27,680 --> 01:14:33,600
So now we're going to bring it back to Council and staffs of Ann Marie your report.

765
01:14:33,920 --> 01:14:42,660
Yes, thank you, Mayor. I appreciate it. First, I would just like to say that with the focus on fire prevention, I hope more people sign up for certain.

766
01:14:43,400 --> 01:14:44,800
But that's not what I need to say.

767
01:14:45,560 --> 01:14:56,620
Applications are currently being accepted for openings on many committees such as the design review board and environmental sustainability committee heritage committee housing and human services.

768
01:14:56,620 --> 01:14:59,980
PTC, REC, and View Restoration Committee.

769
01:15:00,000 --> 01:15:12,960
But the deadline is for 430 this Friday, so please get your applications and if you're interested in serving on any of those committees, the applications available on the website or you can just contact me and I'll send it to.

770
01:15:14,440 --> 01:15:28,820
I also want to draw your attention to the digital number display that is on the dias people in the room or viewing on YouTube have commented that it's hard for them to know what item were on.

771
01:15:28,820 --> 01:15:36,140
So we're going to try this out, see if it works and people like it, so that's all I have.

772
01:15:36,920 --> 01:15:37,900
Thank you, Ann Marie.

773
01:15:38,600 --> 01:15:40,060
City manager, do you have a report?

774
01:15:41,900 --> 01:15:46,100
I don't, because I think council mayor Wale and wanted to ask a question about the sewer

775
01:15:46,100 --> 01:15:46,520
spill.

776
01:15:47,700 --> 01:15:49,100
I'll wait for that.

777
01:15:50,060 --> 01:15:51,080
I can ask you now.

778
01:15:51,300 --> 01:15:54,200
Well, I think we're in safety chief.

779
01:15:54,220 --> 01:15:55,580
Kai Bond was going to come up in response.

780
01:15:55,580 --> 01:16:03,000
Right, yeah, I think a lot of people know there was a sewer spill last week as molten

781
01:16:03,000 --> 01:16:10,740
Miguel into the creek, into a lease of creek, and I think, you know, Chief Bond has some

782
01:16:10,740 --> 01:16:11,540
updates on that.

783
01:16:12,580 --> 01:16:14,300
Good evening, Mayor, NC Council.

784
01:16:15,160 --> 01:16:20,120
Yeah, just to provide a little bit of a background on January 10th in the morning and approximately

785
01:16:20,120 --> 01:16:28,120
in the 9.45 AM, there was a sewage spill that was adjacent to Laguna-Nigal Regional Park near

786
01:16:28,120 --> 01:16:35,080
their lift station. And sewage spilled, and it was a molten-Nigal water district, a forced

787
01:16:35,080 --> 01:16:41,760
main, and it discharged into sulfur creek, and then just shortly after into a liso creek.

788
01:16:42,480 --> 01:16:48,140
So, as part of the resolution, the spill was stopped that approximately 130 pm that same day,

789
01:16:48,140 --> 01:16:57,280
And immediate mitigation included damning at the Arizona crossing and redirecting the flow to the coastal treatment plant.

790
01:16:59,460 --> 01:17:05,440
So, multi-gal water district initiated containment and pumping operations after that period.

791
01:17:06,260 --> 01:17:13,260
And soqua coordinated to authorize emergency pumping to coastal treatment plants within 15 minutes of that request.

792
01:17:13,260 --> 01:17:14,780
So the actions were swift,

793
01:17:17,060 --> 01:17:18,640
and everybody was cooperating

794
01:17:18,640 --> 01:17:20,900
as far as dealing with this issue.

795
01:17:22,360 --> 01:17:24,800
So as far as the environmental monitoring

796
01:17:24,800 --> 01:17:26,900
goes in the biological assessment,

797
01:17:27,200 --> 01:17:30,720
the biological assessment started on January 11th.

798
01:17:30,880 --> 01:17:33,580
So just the day after they started doing tests,

799
01:17:34,280 --> 01:17:37,480
sample was conducted by SOCWA, BIMALT, and the GAL

800
01:17:37,480 --> 01:17:39,840
at multiple sites throughout the creek.

801
01:17:39,940 --> 01:17:41,940
I think there's over 12 sites.

802
01:17:43,840 --> 01:17:50,340
However, unfortunately at this point, even though we have kept the berm intact and built up

803
01:17:50,340 --> 01:17:56,600
some sand, we did get a call from Orange County Health stating that there is going to be an

804
01:17:56,600 --> 01:18:04,680
ocean closure from Table Rock Beach all the way to North Treasure Island Beach. So there's a

805
01:18:04,680 --> 01:18:11,000
closure that was initiated this evening for that area, and what we'll do is we'll continue to

806
01:18:11,000 --> 01:18:17,180
monitor the area to assure that the closure does mean intact and in the meantime what molten

807
01:18:17,180 --> 01:18:22,820
the gal is done is they're sending four pump trucks down to remove some of the water that's

808
01:18:22,820 --> 01:18:28,420
putting pressure on the berm side of the creek on the east side of the creek. So there's mitigation

809
01:18:28,420 --> 01:18:35,120
efforts that are ongoing. City staff will continue to monitor the area keep the area closed and then

810
01:18:35,120 --> 01:18:40,040
what's the next step? Well, there's testing every day by the Orange County Health Department to

811
01:18:40,040 --> 01:18:44,300
sure that we can notify the public when that area will be opened.

812
01:18:45,920 --> 01:18:46,720
Thank you, Chief.

813
01:18:48,100 --> 01:18:52,400
I just wanted to thank our public works department and the Marine Safety folks.

814
01:18:52,540 --> 01:18:54,140
I mean, we were right on top of it.

815
01:18:54,240 --> 01:19:00,220
We did our part and this wasn't a city caused event, but we wanted to be a good partner.

816
01:19:00,420 --> 01:19:06,220
And I think we've really done what we needed to do to mitigate the impact on the ocean.

817
01:19:06,220 --> 01:19:12,680
and unfortunately as you say Chief Bond, it got for some of it permeated through, but I'm sure

818
01:19:12,680 --> 01:19:17,080
it was much mitigated due to our actions, so thank you both for that.

819
01:19:19,170 --> 01:19:25,090
When was the last time that there was a spill upstream, you know, how often it might happen

820
01:19:25,090 --> 01:19:26,250
when the last time was?

821
01:19:26,690 --> 01:19:32,810
Not that I'm aware of this one seems to be a little more significant than maybe others in

822
01:19:32,810 --> 01:19:33,410
the past.

823
01:19:33,870 --> 01:19:34,690
And I can get that information.

824
01:19:34,690 --> 01:19:37,450
There are no other containment basins upstream.

825
01:19:38,290 --> 01:19:39,350
The berm is it.

826
01:19:39,670 --> 01:19:41,490
That's the only choice that we ever have.

827
01:19:42,190 --> 01:19:45,470
As far as close to our area, I think that is the answer.

828
01:19:46,070 --> 01:19:48,850
However, I'd have to rely on information

829
01:19:48,850 --> 01:19:51,490
from either public works or software to get

830
01:19:51,490 --> 01:19:53,130
that more specific information.

831
01:19:53,610 --> 01:19:54,590
Thank you.

832
01:19:57,210 --> 01:19:57,650
Thank you.

833
01:19:57,710 --> 01:19:58,210
Thanks, Chief.

834
01:19:59,230 --> 01:19:59,690
Other.

835
01:20:00,000 --> 01:20:20,640
For the city manager, someone from the public raised the question of the CPUC requirement for backup cell generators. Can you guys look into that, whether that's whether it work with cell carriers to see if that could be implemented. If that exact, the law sounds good. Okay, city attorney, do you have any updates?

836
01:20:26,200 --> 01:20:33,060
I have a couple of things, one is, so on the cell, cell coverage, somebody from, I think

837
01:20:33,060 --> 01:20:38,600
she left, but from Archbishop Chage commented on the lack, so we had a power outage, you

838
01:20:38,600 --> 01:20:44,080
know, a number of power outage, the second one was Thursday, I think it was, we had 2600

839
01:20:44,080 --> 01:20:50,960
But what's happening is, like at top of the world, Victoria Beach, up where I live, which is, you know,

840
01:20:51,160 --> 01:20:56,700
south part of Archbishop Chines and Archbishop Chines, have very limited self on service.

841
01:20:56,840 --> 01:21:00,440
So a lot of us use our, when we use our phones, we use it over the internet.

842
01:21:00,600 --> 01:21:03,620
So when the power goes out, the internet goes out, you can't use your phone.

843
01:21:04,000 --> 01:21:09,340
So I think we just need to get very urgently, get the carriers to get it, get over here and make sure

844
01:21:09,340 --> 01:21:12,980
we have adequate coverage, because when I lived in Victoria Beach for a while while I was working

845
01:21:12,980 --> 01:21:17,180
on my house. And I was married at the time and we had a problem and I had to run up to coast

846
01:21:17,180 --> 01:21:22,200
highway because the power was out to talk to somebody. So this has become the safety issue

847
01:21:22,200 --> 01:21:25,640
because a lot of people just have cell phones now. They don't have the cox phones or internet

848
01:21:25,640 --> 01:21:30,260
phones. So that needs to be addressed as quickly as possible. And in some ways, we're our

849
01:21:30,260 --> 01:21:33,700
own worst enemy because we get all particular. Well, we don't want to sell site here.

850
01:21:33,720 --> 01:21:38,300
We don't want to sell site there. We just need to get the coverage intact because it's more

851
01:21:38,300 --> 01:21:42,360
important than worrying about whether or not you have a poll somewhere. So we need to get

852
01:21:42,360 --> 01:21:46,340
over ourselves on that and get that fixed because that's a big safety issue.

853
01:21:48,460 --> 01:21:55,940
I think I don't know if this is possible Dave, but also when we had the PSPS email alert that

854
01:21:55,940 --> 01:22:00,320
they were going to shut down on Thursday, they said we're going to turn down the acre circuit.

855
01:22:01,300 --> 01:22:05,820
And nobody knows what's on the acre circuit. I don't know how many circuits we have, but it would

856
01:22:05,820 --> 01:22:11,640
be good if when we get these announcements, but we can also communicate to the public who is going to

857
01:22:11,640 --> 01:22:18,160
affected by the acre circuit, because it was like archbites, it was part of Woods Co., it was

858
01:22:18,160 --> 01:22:23,400
some part of Bluebird, I don't know, a very odd. Probably historically old infrastructure

859
01:22:23,400 --> 01:22:28,860
in the way they put it together, but it's very confusing to people and you don't know what to

860
01:22:28,860 --> 01:22:37,460
expect until your power goes off. The next thing I was going to mention is when we had the insurance

861
01:22:37,460 --> 01:22:43,900
commissioner here, office here at the end of August, we had a packed room, the reason

862
01:22:43,900 --> 01:22:47,760
was packed, because people haven't trouble getting insurance. I mean, that's by me. Almost

863
01:22:47,760 --> 01:22:53,080
everybody's on the fair plan. Fair plans underfunded now, because the wildfires in LA,

864
01:22:53,600 --> 01:22:58,820
there's underfunded by a lot of money. And when we had the insurance commissioner here,

865
01:22:59,840 --> 01:23:05,040
one of the things they said, and so we can be ready for this, is that they're going to start

866
01:23:05,040 --> 01:23:07,060
doing this catastrophic modeling this year.

867
01:23:07,300 --> 01:23:08,460
So if you want to get insurance,

868
01:23:09,000 --> 01:23:10,460
they're going to look at your house from above.

869
01:23:10,600 --> 01:23:13,280
If you have clearance around your house, around your house,

870
01:23:13,460 --> 01:23:16,500
your neighbors, so that they set even as simple as five or six

871
01:23:16,500 --> 01:23:19,920
neighbors, five or six neighbors have clearance around their house.

872
01:23:20,140 --> 01:23:22,080
They consider that a fire safe community,

873
01:23:22,460 --> 01:23:23,480
and they'll give you insurance.

874
01:23:24,720 --> 01:23:26,740
So I think people need to get,

875
01:23:26,740 --> 01:23:31,000
we also need to get religion here about our vegetation around our house

876
01:23:31,000 --> 01:23:32,740
because we're going to end up not getting insurance.

877
01:23:32,740 --> 01:23:35,840
And not only does that put your own house at risk,

878
01:23:36,020 --> 01:23:37,200
but it puts the community at risk.

879
01:23:37,500 --> 01:23:40,940
So we need to start thinking about our responsibility as residents,

880
01:23:41,640 --> 01:23:44,020
and what we need to do to protect our home,

881
01:23:44,720 --> 01:23:48,240
that along with modernizing our homes

882
01:23:48,240 --> 01:23:50,060
in terms of building codes and things like that.

883
01:23:50,060 --> 01:23:53,060
So we just kind of need to be very cognizant

884
01:23:53,060 --> 01:23:56,380
when Bob and I seeming the council points are subcommittee.

885
01:23:56,820 --> 01:23:58,360
That's something I really want to work on.

886
01:23:58,940 --> 01:24:01,640
So I also did some driving around town

887
01:24:01,640 --> 01:24:04,720
because my power was out, and I wanted to see what was happening.

888
01:24:04,960 --> 01:24:08,420
So I drove around a little bit and I saw some things that we need to put on our list.

889
01:24:09,800 --> 01:24:10,540
I think it would be helpful.

890
01:24:10,540 --> 01:24:11,880
I think Michael Morris made this.

891
01:24:11,980 --> 01:24:14,140
I saw from blue, but they're undergrounding the lines up in blue,

892
01:24:14,280 --> 01:24:17,560
but they're still working on, they had the trucks up there today.

893
01:24:17,960 --> 01:24:22,060
So I've had exactly the same plot as on red flag days.

894
01:24:22,120 --> 01:24:23,240
We shouldn't have any construction.

895
01:24:23,440 --> 01:24:25,840
We don't have that many, so it's not like it's a big hardship.

896
01:24:26,680 --> 01:24:30,840
And we get advanced warning, so we should be doing that as well.

897
01:24:31,540 --> 01:24:34,680
And, you know, I have, I got a bunch more things for our list.

898
01:24:34,780 --> 01:24:35,880
Some of the things don't cost for him.

899
01:24:35,960 --> 01:24:36,740
I'm like, which is the good news.

900
01:24:36,760 --> 01:24:37,740
Other things cost a lot.

901
01:24:38,080 --> 01:24:38,960
So, anyway, that's my report.

902
01:24:40,320 --> 01:24:40,720
Thank you.

903
01:24:40,900 --> 01:24:41,640
Councilmember Willon.

904
01:24:42,400 --> 01:24:46,160
Just, just one more quick thing kind of following on, on Councilmember

905
01:24:46,160 --> 01:24:47,240
Camp's theme there.

906
01:24:47,760 --> 01:24:50,220
We've had, you know, I, more than a dozen,

907
01:24:50,220 --> 01:24:53,740
great suggestions that come in from the community already via email.

908
01:24:53,940 --> 01:24:55,840
And we've heard some of them tonight, but not all of them.

909
01:24:55,920 --> 01:24:57,680
And we're, we're keeping a running list.

910
01:24:57,680 --> 01:24:59,820
So if anybody either here or let's...

911
01:25:00,000 --> 01:25:29,880
Listening, you know, has an idea that would be appropriate for this, you know, mitigation plan. As I said, everything's on the table. So, please email into the council and, you know, it will be considered as part of this ongoing effort. So, you know, we've got a really thoughtful, creative community and some of the ideas, you know, we've heard a couple tonight have been really practical and really, really good. So, I'm sure there are more out there. Thank you.

912
01:25:31,660 --> 01:25:33,800
And they are pro-town.

913
01:25:34,180 --> 01:25:40,400
And nothing to report, I'll just run through my communications list, Greg Vivian, Marylander

914
01:25:40,400 --> 01:25:50,420
Sin, Monica Fathcher, Ali, Joel from the Chamber, Catherine Yerke, we Paul Freeman,

915
01:25:52,000 --> 01:25:57,880
Mike Mariner, Senior and Junior, Karen Phillips in, parents, sheckler, I hope I got that

916
01:25:57,880 --> 01:26:06,200
and Christophe Larry Nokes, Mark Christie, Dave Ship, Todd Whalen, Chris Moore, and Ed Almanza.

917
01:26:06,800 --> 01:26:11,440
And then we did have a couple of meetings over the last several weeks, Coastal Greenbelt Authority.

918
01:26:11,980 --> 01:26:19,800
We had a prominent meeting both with the retail group and the restaurant group and revenue enhancement meeting.

919
01:26:20,540 --> 01:26:25,700
And I would like to wish Karen Phillips and a happy birthday.

920
01:26:25,700 --> 01:26:28,880
it's her birthday today. So happy birthday, Karen.

921
01:26:30,900 --> 01:26:39,400
And I have no report at this time. So at this point, we're going to take the consent calendar.

922
01:26:39,600 --> 01:26:43,620
So are there any items that members of the council or members of the public would like to pull?

923
01:26:43,680 --> 01:26:47,100
I'll pull number 11. I want to pull 11 as well.

924
01:26:47,700 --> 01:26:49,920
Any other items? No. Members of the public.

925
01:26:52,360 --> 01:26:56,180
So, if then I will take a, is there a motion?

926
01:26:56,600 --> 01:26:58,500
Move the balance because it's a consent column.

927
01:26:58,520 --> 01:27:00,940
I'll second that.

928
01:27:01,080 --> 01:27:02,100
All in favor.

929
01:27:02,360 --> 01:27:02,900
Hi.

930
01:27:03,840 --> 01:27:04,020
Four.

931
01:27:04,380 --> 01:27:06,980
And then we have one abstention from the Mayor Pro Tem.

932
01:27:07,960 --> 01:27:11,540
So now let's, is the number 11 that's Community Development Daven?

933
01:27:11,860 --> 01:27:12,280
Sorry.

934
01:27:12,380 --> 01:27:14,320
Did we have to read an ordinance there?

935
01:27:14,740 --> 01:27:15,100
Emberie.

936
01:27:15,180 --> 01:27:15,680
Oh, yeah.

937
01:27:19,260 --> 01:27:20,200
Is it nine?

938
01:27:20,720 --> 01:27:21,520
I think it's nine.

939
01:27:23,920 --> 01:27:26,400
Yes, she needs to read the title, the ordinance.

940
01:27:41,500 --> 01:27:42,540
Hit that one in there.

941
01:27:43,280 --> 01:27:45,240
An ordinance of the City Council of the City of

942
01:27:45,240 --> 01:27:46,240
We're going to be to California,

943
01:27:46,420 --> 01:27:48,160
I'm mending chapter 10.02,

944
01:27:48,580 --> 01:27:49,900
driving regulations of the

945
01:27:49,900 --> 01:27:52,440
We're going to be to municipal code by establishing

946
01:27:52,440 --> 01:27:55,300
Prima Fascha speed limits on various roadway

947
01:27:56,120 --> 01:27:57,560
segments throughout the city and

948
01:27:57,560 --> 01:27:59,780
finding set action exempt from the California

949
01:27:59,780 --> 01:28:01,340
environment of quality.

950
01:28:02,640 --> 01:28:03,300
Thank you.

951
01:28:03,580 --> 01:28:04,820
So should we re-vote on it?

952
01:28:04,980 --> 01:28:07,700
So the motion was made by Council Member

953
01:28:07,700 --> 01:28:11,740
have a nice second to it. All in favor of approving the balance of the consent calendar.

954
01:28:13,920 --> 01:28:14,780
4-0.

955
01:28:16,020 --> 01:28:20,140
So now we'll hear from David and Anthony on item number 11.

956
01:28:20,540 --> 01:28:21,700
Mark can come back.

957
01:28:23,560 --> 01:28:24,680
Where do you go?

958
01:28:25,920 --> 01:28:31,460
Mayor, did you have questions for staff or would you like us just to provide an overview of questions?

959
01:28:33,020 --> 01:28:33,680
We should wait for Mark.

960
01:28:35,340 --> 01:28:36,680
Let's take a two minute break.

961
01:28:36,680 --> 01:28:37,140
.

962
01:30:00,050 --> 01:30:07,050
We're back from our break. So, David, do you want to ask your question first and then?

963
01:30:07,610 --> 01:30:11,150
Well, there was a council like I have some questions, but would you like a reporter?

964
01:30:11,210 --> 01:30:13,070
I think a report would be nice. Sure.

965
01:30:13,070 --> 01:30:15,530
Do you want to give us a report on where how we're doing with the backlog?

966
01:30:16,790 --> 01:30:21,290
Yeah. Sure. Thank you, Mayor. David, a contraris director, a community development.

967
01:30:22,450 --> 01:30:28,570
So, staff report provides, I think the big question at the last meeting we reported, which was in November,

968
01:30:28,570 --> 01:30:36,170
was, when it will be, when it will be, will be, excuse me, when it will, the team be out of the

969
01:30:36,170 --> 01:30:42,070
backlog, now what is that projected day? And I mentioned at that meeting that it would be sometime

970
01:30:42,070 --> 01:30:48,670
in this spring. We were targeting early spring and the staff report provides we're targeting

971
01:30:48,670 --> 01:30:55,630
April 15th, at that point would be sort of, we determined to be out of that backlog. The backlog,

972
01:30:55,630 --> 01:31:03,450
what is a backlog and we're defining the staff report which provides that the backlog is

973
01:31:03,450 --> 01:31:09,950
in essence zoning applications that have been in the works for over multiple months

974
01:31:10,810 --> 01:31:18,210
including projects that were already submitted in 2013. But as I've been speaking with staff

975
01:31:19,090 --> 01:31:26,510
and asking more detailed questions about the backlog in the sense of how far back does

976
01:31:26,510 --> 01:31:37,010
this go beyond 2013. And even today's staff told me that in 2018, 7 years ago, is when there

977
01:31:37,010 --> 01:31:43,530
was a shift in staffing, and they began to see that backlog start to build up. So this

978
01:31:43,530 --> 01:31:50,550
something that's been playing the division for a very long time.

979
01:31:51,430 --> 01:31:57,410
And as a staff report provides, we've identified several initiatives and several strategies

980
01:31:58,210 --> 01:32:03,230
that we've put in the plan to last six months to help us achieve that target date.

981
01:32:04,230 --> 01:32:05,370
The staff report is pretty lengthy.

982
01:32:05,830 --> 01:32:10,790
I can go into details, but in essence, the big picture is that we are moving the needle.

983
01:32:11,390 --> 01:32:12,850
We are making progress.

984
01:32:14,150 --> 01:32:15,830
There's still some time that we're going to need.

985
01:32:16,310 --> 01:32:18,330
And that time is between now and April.

986
01:32:19,590 --> 01:32:22,630
So with that, we'd be happy to answer any questions you may have.

987
01:32:23,630 --> 01:32:25,870
Yeah, thank you David. So I have some questions.

988
01:32:29,190 --> 01:32:35,790
So are we, when we say we're doing better, are we, are we just,

989
01:32:37,270 --> 01:32:43,330
I'm trying to comply with the Permit Streamlining Act, and I know we're out of compliance.

990
01:32:44,270 --> 01:32:45,710
Yes, so that is the goal.

991
01:32:45,830 --> 01:32:52,510
The goal is by April 15th that we would be at that place where we are conducting 30-day reviews on applications.

992
01:32:53,450 --> 01:32:55,870
So if I was an applicant, yeah.

993
01:32:56,430 --> 01:33:04,870
Okay, so based on your report now, if I was an applicant, would my perception be that we're processing better or faster?

994
01:33:04,870 --> 01:33:08,750
is any, would I see it a appreciable improvement?

995
01:33:09,570 --> 01:33:13,770
The answer is yes. We do have some staff members that at this time are processing the first

996
01:33:13,770 --> 01:33:19,930
reviews within 30 days and that's actually already occurring although it's not showing up in the numbers

997
01:33:19,930 --> 01:33:27,510
currently. The numbers I believe we have in this report ran through January 5th.

998
01:33:30,340 --> 01:33:41,440
So, when I look at this, so this to me is a very high-level report, I get it, I get it, but what I'd like to see is

999
01:33:41,440 --> 01:33:47,260
where when an application comes in, where is most of the time being spent?

1000
01:33:47,860 --> 01:33:50,480
Like, I want to see the more granular data.

1001
01:33:51,100 --> 01:33:58,240
So, what I want to be able to understand is, where are we holding it up, and for what reason, and where is the applicant holding it up?

1002
01:33:58,240 --> 01:34:12,880
So for example, if we're waiting, you know, the applicant makes a submission, we send back corrections, and we don't get it back for three months, let's say, I want to make sure that that data point is captured, so we know like, okay, that is enough, that's the applicant.

1003
01:34:13,840 --> 01:34:20,240
So that we can explain to the community with data, why things are happening the way they're happening.

1004
01:34:20,840 --> 01:34:35,360
And I think we just, I don't know if you have that data here in the process of collecting it, but I think, in terms of me as a council member, understand it kind of where you are, how you're doing in your improvements, that's the kind of thing I'd be interested in seeing.

1005
01:34:35,360 --> 01:34:42,240
So, that data is not provided in this report that is manual data that we'll have to put together for the next update.

1006
01:34:43,560 --> 01:34:54,360
But I can't tell you in speaking with a staff that there is a lengthy timeframe from a time that we release first at a comments to when the applicant's resummit.

1007
01:34:55,500 --> 01:34:58,940
And that's the timeframe that you're looking for, which we don't have tonight.

1008
01:35:00,000 --> 01:35:06,240
Do you want to talk about how ENERGVE plays a role in being able to report that better and tell the community a little bit more about ENERGVE?

1009
01:35:06,520 --> 01:35:19,880
Sure, so ENERGVE will be rolling out tomorrow. We'll be going along with the live with ENERGVE. ENERGVE will be the online portal that allows folks from their offices to submit plan checks directly into the city via the portal.

1010
01:35:19,880 --> 01:35:22,780
It's an online portal that requires registration.

1011
01:35:24,840 --> 01:35:30,700
If for those that are interested, we have training that's been set up to help folks register

1012
01:35:30,700 --> 01:35:34,620
and understand how to upload their projects into the system.

1013
01:35:35,600 --> 01:35:39,080
With respect to the tracking, intergable be a live system.

1014
01:35:39,900 --> 01:35:45,800
So at any time folks can log in and see the status of their plan check and see what their project is in the process.

1015
01:35:45,800 --> 01:35:50,260
So would that, would Intergov give us some of the data I referenced?

1016
01:35:50,760 --> 01:35:51,120
Yes.

1017
01:35:51,660 --> 01:35:55,860
It will allow for us to track the project entering into the system.

1018
01:35:56,640 --> 01:35:59,800
When those comments were released, when the project was resimitted,

1019
01:36:00,560 --> 01:36:02,920
and then the overall time every view for the project.

1020
01:36:03,780 --> 01:36:07,720
So another thing I noticed in here is on page three,

1021
01:36:07,860 --> 01:36:12,540
the third bullet we were at fourth bullet where you talk about use of AI to do the draft.

1022
01:36:12,900 --> 01:36:14,800
Have we done a pilot yet on that?

1023
01:36:15,880 --> 01:36:19,800
We have tested several projects.

1024
01:36:20,700 --> 01:36:24,460
In fact, we tested it with all of the planners conducted training for all the planners

1025
01:36:25,180 --> 01:36:33,460
to initiate AI to see what speed AI would provide to the staff for the first draft of a staff report.

1026
01:36:34,660 --> 01:36:39,100
And these are staff reports that would be for design review.

1027
01:36:39,100 --> 01:36:46,880
board. These reports are quite time consuming, as you've been made aware, but it's the same

1028
01:36:46,880 --> 01:36:55,140
time as part of the AI testing. We also tested the applicant's providing specific project

1029
01:36:55,140 --> 01:37:01,320
information that we would then feed into the AI, which would then result in computing a draft

1030
01:37:01,320 --> 01:37:06,640
section of a staff report for the staff. So when you tried it, what was the result like? It was

1031
01:37:06,640 --> 01:37:13,600
It depends on the project, but overall we did have success with several of the reports.

1032
01:37:14,720 --> 01:37:18,820
And when I say it just depends on the project, there's a difference when you're

1033
01:37:18,820 --> 01:37:23,620
imputing data for a brand new single family home and the findings that are required

1034
01:37:23,620 --> 01:37:26,800
to versus a decadition or a swimming pool.

1035
01:37:28,060 --> 01:37:30,720
But nonetheless, we are still continuing to use AI.

1036
01:37:31,480 --> 01:37:32,720
Okay, let's have a quick question.

1037
01:37:32,880 --> 01:37:35,500
Following up on two questions, we'll just clarify the permits.

1038
01:37:36,440 --> 01:37:38,860
So I think we have a sort of a different definition of getting

1039
01:37:38,860 --> 01:37:41,800
of following state law, including the backlogs.

1040
01:37:41,980 --> 01:37:43,100
I see them as two different things.

1041
01:37:43,180 --> 01:37:44,540
We always should follow state law.

1042
01:37:44,620 --> 01:37:46,180
That's what we have to do in the state of California.

1043
01:37:47,040 --> 01:37:49,960
And really the question before is, how do we,

1044
01:37:49,960 --> 01:37:51,400
that sort of should be the minimum?

1045
01:37:51,720 --> 01:37:54,860
And then how do we make it where our residents can have

1046
01:37:54,860 --> 01:37:55,660
quick review?

1047
01:37:55,660 --> 01:38:05,760
And so the Permit Street Monning provides for 30 day, 30 day, you know, review where you have to say whether the application is complete or provide comments.

1048
01:38:06,060 --> 01:38:06,540
Is that accurate?

1049
01:38:06,620 --> 01:38:07,180
That's correct.

1050
01:38:07,360 --> 01:38:20,240
So in the desired time, the goals here, we have on the city side, because I agree, I don't think it's almost irrelevant how much time is spent on the side of the applicant, the architect, in returning there.

1051
01:38:20,240 --> 01:38:24,940
that's their promise on our problem, but on the city side, that's what we can control. The

1052
01:38:24,940 --> 01:38:33,080
desire time is 105 to 135 days. That's four submittals. Do we really need four submittals

1053
01:38:33,080 --> 01:38:40,760
as our goal when every time you have to do a submittal, that means that the planner has to go and

1054
01:38:40,760 --> 01:38:45,380
you know, review everything. It seems that the goal should be how do we move make it where we're having

1055
01:38:45,380 --> 01:38:50,040
less submittals by either providing comprehensive comments or maybe, you know, bringing in the

1056
01:38:50,040 --> 01:38:59,140
We can't do it around table discussion, so I guess the goal here that I see is how do we

1057
01:38:59,140 --> 01:39:02,820
reduce the amount of time that the city has it processing and so I guess that's my question

1058
01:39:02,820 --> 01:39:05,520
is do we really, is our goal for some itals?

1059
01:39:06,360 --> 01:39:09,220
We plan for a once a middle review.

1060
01:39:09,640 --> 01:39:09,660
Okay.

1061
01:39:09,660 --> 01:39:14,300
If the project is complete and everything is submitted with that review, something that we encountered

1062
01:39:14,300 --> 01:39:20,020
in the last two months of just conducting analysis of the reviews that are going out.

1063
01:39:20,020 --> 01:39:22,240
and the resumittals, we have found that applicants

1064
01:39:22,240 --> 01:39:25,460
are not responding to the correctionalists

1065
01:39:25,460 --> 01:39:27,660
that has provided the first time around.

1066
01:39:28,220 --> 01:39:30,720
And I will also dug into at least five projects

1067
01:39:30,720 --> 01:39:32,680
where we're at three plan checks in.

1068
01:39:32,840 --> 01:39:35,100
And the planer is still asking for this same information.

1069
01:39:37,560 --> 01:39:41,160
So that causes a third and a fourth review.

1070
01:39:42,240 --> 01:39:44,520
In other words, we cannot clear the project

1071
01:39:44,520 --> 01:39:47,280
and prepare a staff report until that data is provided.

1072
01:39:48,260 --> 01:39:57,140
So I conducted a review at least five projects where I found that and it wasn't just one architectural office, it was spread across the handful of architectural offices.

1073
01:39:58,280 --> 01:39:59,540
So that's one element.

1074
01:40:00,000 --> 01:40:15,140
That adds to that additional time frame and those are the numbers that you're looking at here. So we, if, if applicant submit a complete application on the first time that the plan to review is that's going to be a very short list of corrections that are coming back.

1075
01:40:15,500 --> 01:40:23,620
And David, that has happened, right? You do get some that we like to get more but where you do have the full turn around on the first plan check. Correct.

1076
01:40:25,610 --> 01:40:30,970
But again, with Intergov, that's going to help us identify and it's going to show case of the architects, the timing.

1077
01:40:32,270 --> 01:40:43,130
And it's also going to show case of the property owner as well and not just the applicants of the architects, but the owners of the projects will understand and be able to review the corrections as well.

1078
01:40:44,330 --> 01:40:44,690
Thank you.

1079
01:40:44,870 --> 01:40:47,150
Thank you.

1080
01:40:47,150 --> 01:40:51,590
Will Intergov be able to pick up and complete application?

1081
01:40:53,190 --> 01:40:57,650
So, through the, the submittal of the portal, we still have

1082
01:40:57,650 --> 01:41:03,490
map power on the submittal side, so we do have, I believe, two planners that will

1083
01:41:03,490 --> 01:41:09,410
be set up on the intake side that will review the applications and conduct a

1084
01:41:09,410 --> 01:41:14,090
brief overview of the submittal checklist to ensure that we have enough

1085
01:41:14,090 --> 01:41:16,250
information submitted to conduct a plan check.

1086
01:41:16,550 --> 01:41:20,950
I've heard a couple of stories regarding the other cities that are using

1087
01:41:20,950 --> 01:41:26,830
intergoverned. They were positive for instance up in Fullerton, you know, that it's working quite

1088
01:41:26,830 --> 01:41:35,710
well. I know that we have a more complex system. So will it be able to at some point be able to

1089
01:41:36,230 --> 01:41:41,610
assuming that you're not utilizing it to its fullest extent right now, would that be a correct assumption?

1090
01:41:42,650 --> 01:41:47,530
We are not live. We're hoping to go live tomorrow. But even once it's live, will we be utilizing it to

1091
01:41:47,530 --> 01:41:54,490
full extent? With respect to the project intake, yes. So I would be able to go on there and actually get an

1092
01:41:54,490 --> 01:42:00,270
online permit for some of the fences, decks, things of that nature without visiting or talking to

1093
01:42:00,270 --> 01:42:08,170
anybody from the city. That I'm not sure of. Matt Schneider is managing that process for us in terms of

1094
01:42:08,170 --> 01:42:13,570
what that's going to look like after we initiate the Alliance of Mental tomorrow, but I can come back and

1095
01:42:13,570 --> 01:42:17,430
report that to the council. I think that would be interesting. That's where I'm told that

1096
01:42:17,430 --> 01:42:25,410
the payment everything is can happen online and there's no no communication with an individual

1097
01:42:25,410 --> 01:42:30,770
at the city. For from the minor, you know, kinds of the garage doors, things of that nature.

1098
01:42:32,110 --> 01:42:36,190
Assuming that we can get through without going through DRB for a garage door.

1099
01:42:37,810 --> 01:42:47,550
So, a couple of questions, so, is Intergov optional or will everyone be required to submit the Intergov?

1100
01:42:48,390 --> 01:42:51,770
Eventually, Intergov will be the method for some middle.

1101
01:42:52,330 --> 01:42:59,650
As we launch the system tomorrow, we will still honor the appointments that we have on the calendar.

1102
01:43:00,390 --> 01:43:05,990
And I believe Anthony, we have appointments that are already rolled out into April.

1103
01:43:07,690 --> 01:43:15,170
So second question is, it makes sense to me that if we're doing third and fourth and fifth

1104
01:43:15,170 --> 01:43:20,230
plan checks and we're continually asking for the same information, do we charge more to

1105
01:43:20,230 --> 01:43:21,450
the applicant for that?

1106
01:43:27,030 --> 01:43:30,590
Yes, Council Member Whale in there is a recheck fee.

1107
01:43:30,590 --> 01:43:34,230
The initial fee covers, I believe it's three reviews.

1108
01:43:34,970 --> 01:43:36,430
Okay, thank you.

1109
01:43:36,870 --> 01:43:41,530
And then, and maybe this is a question for the city attorney as well.

1110
01:43:41,970 --> 01:43:43,930
But, you know, these pending staff reports.

1111
01:43:45,730 --> 01:43:49,530
So 39 currently as of January 1, 2025,

1112
01:43:49,810 --> 01:43:54,530
which is down from the peak in November, which is good or October, which is good.

1113
01:43:54,910 --> 01:43:58,410
But I mean, those all staff reports that are pending hearing

1114
01:43:58,410 --> 01:44:05,810
at DRB or Planning Commission. In other words, these applications have, you know, been

1115
01:44:06,650 --> 01:44:09,650
plan check and now they're just waiting here.

1116
01:44:11,050 --> 01:44:16,410
Yeah, so that is a combination of both staff reports for the Planning Commission and the

1117
01:44:16,410 --> 01:44:17,730
Design Review Report.

1118
01:44:18,090 --> 01:44:18,390
Okay.

1119
01:44:18,930 --> 01:44:25,410
But just to follow Bob's question, so it reminds us, the planer starts the staff report at

1120
01:44:25,410 --> 01:44:29,530
at the time that the planner has completed the plan check.

1121
01:44:30,270 --> 01:44:30,770
That is correct.

1122
01:44:31,390 --> 01:44:34,050
So yeah, that's kind of the last step in the planner,

1123
01:44:34,330 --> 01:44:35,810
writes up the staff report,

1124
01:44:35,990 --> 01:44:36,930
and then sets it for hearing.

1125
01:44:37,630 --> 01:44:39,270
So that's kind of going back to Sue's,

1126
01:44:39,270 --> 01:44:40,450
one of Sue's earlier comments,

1127
01:44:41,270 --> 01:44:41,730
which is, you know, this,

1128
01:44:41,810 --> 01:44:44,030
what's the entire timeline look like, right?

1129
01:44:44,370 --> 01:44:46,830
I mean, from application complete,

1130
01:44:47,070 --> 01:44:48,870
which is sort of day one,

1131
01:44:50,030 --> 01:44:52,110
to, you know, if you don't need to hearing,

1132
01:44:52,310 --> 01:44:52,610
you know, you're hearing,

1133
01:44:53,330 --> 01:44:55,170
but for the ones that are needing a hearing,

1134
01:44:55,610 --> 01:44:56,570
When do they get their hearing?

1135
01:44:56,710 --> 01:44:57,770
When do they get their billing permit?

1136
01:44:58,070 --> 01:44:59,890
I mean, is that eight months, ten months, you know?

1137
01:45:00,000 --> 01:45:05,640
That to me is the ultimate target we want to be looking at and shrinking down.

1138
01:45:05,920 --> 01:45:12,540
Well, in our staff report there, that's the six-month target for, again, a more complex project,

1139
01:45:12,760 --> 01:45:19,840
a major removal of new construction that includes at least a couple of plan checks, time

1140
01:45:19,840 --> 01:45:29,980
to prepare the staff report, and then prepare the other mechanics of hearing, which could be

1141
01:45:29,980 --> 01:45:37,620
is what 105 to 135 days, but 180 days, to have your done with design review or done with planning

1142
01:45:37,620 --> 01:45:38,000
commission.

1143
01:45:39,100 --> 01:45:42,260
Now, I understand that's our goal, that's our target, right?

1144
01:45:42,480 --> 01:45:46,500
But in order to measure progress, I suppose we should know where we are currently, right?

1145
01:45:46,640 --> 01:45:52,240
And that's something as David was mentioning, sorry to step in, but David was mentioning,

1146
01:45:54,560 --> 01:45:59,200
we in the team have been talking about gathering that information because we need to set

1147
01:45:59,200 --> 01:46:03,080
bench mark. Sorry, we have our bench mark. We need to say just like you said,

1148
01:46:03,220 --> 01:46:07,860
Councilman, where are we? Where are we? So that's my goal. It's our goal at the next

1149
01:46:07,860 --> 01:46:14,240
time we report to you is we'll we'll get a understanding of where we are. But it's not in

1150
01:46:14,240 --> 01:46:21,860
this staff. That'd be great. That's good. Just to be clear Bob mentioned, I believe

1151
01:46:21,860 --> 01:46:26,420
you were talking about ready to go ready to pull your permit, right? So does that that's

1152
01:46:26,420 --> 01:46:31,760
month include plan check. I mean it depends on how complicated you need to build a plan check.

1153
01:46:32,080 --> 01:46:36,780
Yeah, actually that's better question by. So it does not include plan check just to be clear. I didn't think so.

1154
01:46:37,680 --> 01:46:44,180
No, it does not include the building plan check process. Right. So just to be clear, when somebody

1155
01:46:44,180 --> 01:46:51,180
submits the application and then there's they're returned to the architect with the corrections.

1156
01:46:51,180 --> 01:47:03,780
And then if one or more of the corrections hasn't been remedied, then it will show up again right for that it hadn't been corrected.

1157
01:47:05,440 --> 01:47:10,180
And the client has the opportunity to see that.

1158
01:47:10,740 --> 01:47:11,460
That is correct.

1159
01:47:13,690 --> 01:47:15,070
Highlight it in red, maybe.

1160
01:47:15,650 --> 01:47:16,210
Any

1161
01:47:19,570 --> 01:47:20,550
other questions on this?

1162
01:47:21,570 --> 01:47:23,030
I'm going to open public comment.

1163
01:47:23,170 --> 01:47:27,590
Are there any members of the public who'd like to weigh in on this item before us?

1164
01:47:34,340 --> 01:47:35,060
Good evening, Morris.

1165
01:47:35,180 --> 01:47:36,060
Can you area an architect?

1166
01:47:37,080 --> 01:47:43,560
And I share the frustration and the complexity of the process given staff changes and all that.

1167
01:47:43,700 --> 01:47:49,180
But I think they're on the road to seriously committed to doing something about it.

1168
01:47:49,700 --> 01:47:51,520
And I sincerely believe that.

1169
01:47:51,520 --> 01:47:56,620
I'd like to see them consider that we're not only talking about houses and remodels,

1170
01:47:56,780 --> 01:47:58,240
we're talking about commercial projects.

1171
01:47:59,460 --> 01:48:06,220
And we've got more commercial projects, some under construction, some in the queue,

1172
01:48:06,740 --> 01:48:10,500
they need to be treated somehow differently, I don't know how differently.

1173
01:48:12,740 --> 01:48:18,820
And the other is you have projects under construction that require changes that may or

1174
01:48:18,820 --> 01:48:25,260
back through design review or the planning commission, so can there be understanding that complexity

1175
01:48:25,260 --> 01:48:33,580
of the construction process? Loans, target dates for completion and all that. These are

1176
01:48:33,580 --> 01:48:39,140
some expeditious process that's possible for those projects on the construction, both commercial

1177
01:48:39,140 --> 01:48:42,620
and residential. So you have commercial residential under construction,

1178
01:48:48,000 --> 01:48:48,800
you have commercial

1179
01:48:48,800 --> 01:48:52,420
new help and seven remodels. So there's like three different

1180
01:48:53,120 --> 01:48:56,800
pits there for bins to work on. Thank you.

1181
01:48:57,760 --> 01:48:58,800
Thank you.

1182
01:48:59,740 --> 01:49:02,600
Hello again, Brendan Kregler at 490C view.

1183
01:49:03,240 --> 01:49:05,620
From what I'm hearing the only thing I'm concerned about is the

1184
01:49:05,620 --> 01:49:09,000
streamlining of the process and not checks and balance for the

1185
01:49:09,000 --> 01:49:09,980
existing homeowners.

1186
01:49:10,940 --> 01:49:14,920
The one thing that I have to be concerned about is that I

1187
01:49:14,920 --> 01:49:17,040
bought all in on our fire prevention.

1188
01:49:17,040 --> 01:49:23,920
And I did easily $250,000 in additional fire prevention at my house.

1189
01:49:24,080 --> 01:49:27,900
And now it doesn't matter because you guys are going to do ADUs everywhere.

1190
01:49:28,840 --> 01:49:29,580
It's not fair.

1191
01:49:31,040 --> 01:49:33,680
And in general, AI makes mistakes.

1192
01:49:34,120 --> 01:49:35,420
You know, it picks up the wrong word.

1193
01:49:35,460 --> 01:49:36,980
It sends you to the wrong place.

1194
01:49:37,580 --> 01:49:41,320
Sometimes when I go on your website, launch as me into 2024.

1195
01:49:41,320 --> 01:49:48,600
and it's like a little frustrating to assume that these automated systems work well.

1196
01:49:49,260 --> 01:49:53,900
I appreciate the engineering and wanting to streamline, wanting to make things fair,

1197
01:49:54,600 --> 01:49:58,780
but you represent the people of Laguna Beach, not these projects.

1198
01:50:00,000 --> 01:50:06,240
We voted for you. That's what I'd like to say. Thank you. Thank you.

1199
01:50:13,250 --> 01:50:21,510
And Kristoff, I sent you the letter yesterday regarding experience I had with a design review project.

1200
01:50:22,250 --> 01:50:31,930
And so I'd like to say that I had a lot of discontent with the staff reports. They're very long. They're very detailed.

1201
01:50:31,930 --> 01:50:36,690
but they don't necessarily cover the subjects they need to cover.

1202
01:50:37,390 --> 01:50:40,230
And in this particular case 309 Hawthorne,

1203
01:50:41,470 --> 01:50:46,950
there were five Heritage Candidate Canary Island Palms

1204
01:50:46,950 --> 01:50:47,950
on this property.

1205
01:50:48,910 --> 01:50:50,930
Staff didn't even note them.

1206
01:50:51,150 --> 01:50:54,870
They said that there was nothing significant on the site.

1207
01:50:54,870 --> 01:51:02,190
And that there were no environmental concerns at all.

1208
01:51:03,210 --> 01:51:10,250
So in the previous world, what would have happened is when someone's getting ready to do an application.

1209
01:51:12,570 --> 01:51:17,210
They would have made an appointment to have a site visit with a knowledgeable staff person.

1210
01:51:17,530 --> 01:51:23,530
And I remember doing that with Nancy on one of my projects and she came out.

1211
01:51:23,530 --> 01:51:32,490
And she talked about all the possible concerns that could come up and all the policies that might apply to this particular site.

1212
01:51:33,050 --> 01:51:41,010
And briefed the architect and me and the applicant about things to consider as we were making our first middle.

1213
01:51:41,830 --> 01:51:46,150
Apparently this doesn't happen anymore. And that's a big gap.

1214
01:51:46,150 --> 01:51:57,550
That's a, that's a way for people to understand the policies that they're dealing with up front before they hit a public hearing six months after they apply.

1215
01:51:58,670 --> 01:52:11,250
And so in this case, if the staff had, at least put it in the staff report that these trees by the general plan policy are to be protected.

1216
01:52:11,930 --> 01:52:19,750
They would have started out with a plan for their house that protected the trees, which is very feasible to do.

1217
01:52:20,390 --> 01:52:23,650
But that didn't happen. So it came to the first hearing.

1218
01:52:24,610 --> 01:52:30,210
I came up and talked about it. I pointed out that missing links in the staff report.

1219
01:52:31,030 --> 01:52:36,950
They had a second hearing. Staffs turned in the same staff report. They didn't address that at all.

1220
01:52:36,950 --> 01:52:45,670
Now, that's a mandatory general plan policy that's supposed to be implemented by our planning department and they just ignored it.

1221
01:52:46,170 --> 01:52:48,450
So now they're coming back for a third hearing.

1222
01:52:49,110 --> 01:52:53,230
They're only saving three of the trees instead of all five.

1223
01:52:54,150 --> 01:52:59,930
And they're doing a whole plan, which is, they could have done a plan that kept the trees.

1224
01:53:00,230 --> 01:53:02,850
And I did a diagram of how that could have happened.

1225
01:53:03,310 --> 01:53:05,590
That could have happened at day one.

1226
01:53:05,590 --> 01:53:19,790
But no now it now it's not happening and so we're not getting the kind of results we should be getting from this planning process because these policies are not told to the applicants up front.

1227
01:53:20,270 --> 01:53:21,590
Thank you.

1228
01:53:22,190 --> 01:53:22,770
Thank you.

1229
01:53:28,390 --> 01:53:29,490
Good evening everyone.

1230
01:53:29,650 --> 01:53:30,790
My name is Cathy Yerke.

1231
01:53:31,310 --> 01:53:35,570
I'm ordinarily I would be saying happy New Year but it is not a very happy New Year.

1232
01:53:36,470 --> 01:53:41,570
I was really struck by what Anne was saying about site visits.

1233
01:53:42,290 --> 01:53:47,310
It really hadn't occurred to me that if there is a major project coming forward that there

1234
01:53:47,310 --> 01:53:53,030
wouldn't be a staff member of site visit and, you know, the DRB or the planning commission

1235
01:53:53,030 --> 01:53:58,790
will do site visits when it comes time to evaluate the final version, but I do think it

1236
01:53:58,790 --> 01:54:04,730
makes a lot of sense in sort of coming up with a sense of the possible before you put all

1237
01:54:04,730 --> 01:54:10,490
that work into developing and redeveloping and resubmitting all of the plans.

1238
01:54:11,590 --> 01:54:20,590
I think I tend to agree with Anne that the staff reports are very long, but often very vague

1239
01:54:20,590 --> 01:54:31,910
and my mind not always as keenly attuned as they should be to both the letter and the spirit

1240
01:54:31,910 --> 01:54:37,950
of the criteria for design, of the design guidelines that are being applied.

1241
01:54:39,410 --> 01:54:42,930
And I also wanted to echo the concern expressed about AI.

1242
01:54:43,730 --> 01:54:52,230
I deal with AI a lot in my work at CalTAC, both legitimate and illegitimate uses of it.

1243
01:54:52,650 --> 01:54:59,910
And if you go to AI, an aspirin formation about something that you really know something.

1244
01:55:00,000 --> 01:55:29,620
About you will be astonished by the garbage that comes out. And so I would be very cautious about how we use it in this process. I also think it would be imperative to identify where AI is being used, either a whole report or what sections are, because I think that's information that the public needs to know, whether it's been evaluated by a person who ideally is very familiar with the policies.

1245
01:55:30,000 --> 01:55:38,220
or a machine, and also we should always be cognizant of the tremendous environmental costs involved in using AI.

1246
01:55:39,080 --> 01:55:40,800
Thank you very much for your consideration.

1247
01:55:42,160 --> 01:55:43,960
Good night for a few comments there, Ms. Mayor.

1248
01:55:44,560 --> 01:55:47,320
I'd really appreciate Kathy and Anne's comments.

1249
01:55:49,260 --> 01:55:51,020
A couple of thoughts.

1250
01:55:51,620 --> 01:55:57,440
The AI just helps people in some cases and not all the planners are using them because not all the planners liked them,

1251
01:55:57,440 --> 01:55:59,580
I totally appreciate all of that,

1252
01:55:59,660 --> 01:56:02,420
to start to get the draft of a staff report going.

1253
01:56:02,920 --> 01:56:04,880
Ultimately, it's the planner that's responsible

1254
01:56:04,880 --> 01:56:08,940
for reviewing that and filling in a lot of blanks.

1255
01:56:09,520 --> 01:56:12,400
Because I picture it like, if you're an author

1256
01:56:12,400 --> 01:56:14,340
and you just want to get some words on a page

1257
01:56:14,340 --> 01:56:17,280
and that to start you off, that's pretty much

1258
01:56:17,280 --> 01:56:19,480
what AI is helping us do right now.

1259
01:56:19,760 --> 01:56:22,780
It links to our policies, it links to our general plan.

1260
01:56:23,140 --> 01:56:25,940
It puts writing on the paper so that the planner

1261
01:56:25,940 --> 01:56:28,700
and can further edit it.

1262
01:56:29,640 --> 01:56:36,440
And I really appreciate what Anne said too about folks like Nancy and Monica who had such

1263
01:56:36,440 --> 01:56:37,340
a long history with us.

1264
01:56:37,340 --> 01:56:39,900
And I'm so thankful they're still helping us in their retirement,

1265
01:56:42,000 --> 01:56:43,320
but I'm equally thankful

1266
01:56:43,320 --> 01:56:49,600
for the long-term planners that are with us like David and Anthony and the team that

1267
01:56:49,600 --> 01:56:54,740
stuck with Laguna Beach because this is a challenging place to work under that pressure.

1268
01:56:54,740 --> 01:57:02,020
And I can't replicate easily through, unless I have years and years of training, people

1269
01:57:02,020 --> 01:57:07,720
like Nancy, because that's just not how the workforce field is right now.

1270
01:57:09,100 --> 01:57:14,440
I'm loving that we're able to keep the staff, we have Megan and Jane's team have been

1271
01:57:14,440 --> 01:57:19,380
great about training the staff, we have to get them used to the policies, but this is a darn

1272
01:57:19,380 --> 01:57:27,780
hard place to work. And it's so easy if you want to be a planner to move up. You come to Laguna

1273
01:57:27,780 --> 01:57:33,320
and you maybe stuck, sorry that's my word, doing residential projects your whole career.

1274
01:57:33,860 --> 01:57:39,540
Where if you go to Irvine or San Juan or Newport, you can work on advanced planning efforts too

1275
01:57:39,540 --> 01:57:45,380
with a lighter touch to residential planning. So we need to keep Laguna being an attractive

1276
01:57:45,380 --> 01:57:53,100
to place to work. And that's the struggle I have. And as Laguna, as Laguna faces new state

1277
01:57:53,100 --> 01:57:57,640
law and things like that, we're going to have those conversations about how that may change

1278
01:57:57,640 --> 01:58:04,720
with the planners do. But I can't turn back the clock and I wish I could but I can't. Again,

1279
01:58:05,000 --> 01:58:09,380
all that stood noted, I do appreciate the comments in this sincere way in which they're offered.

1280
01:58:10,080 --> 01:58:11,060
Thank you.

1281
01:58:11,400 --> 01:58:12,580
Thank you.

1282
01:58:12,800 --> 01:58:12,920
Thank you.

1283
01:58:12,960 --> 01:58:19,900
Regarding the commercial projects Morris brought up, I just want to mention that it has

1284
01:58:19,900 --> 01:58:26,120
been a conversation, and I believe we're going to possibly touch on it on the 31st on

1285
01:58:26,120 --> 01:58:33,540
how best to process some of the commercial projects and keep folks that are interested,

1286
01:58:33,760 --> 01:58:39,360
some of the retailers, for instance, that are willing to fill our vacancies, how

1287
01:58:39,360 --> 01:58:43,800
to encourage them to stay on the hook and make an investment in the agenda.

1288
01:58:46,480 --> 01:58:47,340
Any other comments?

1289
01:58:47,520 --> 01:58:48,900
Just one quick one.

1290
01:58:49,180 --> 01:58:52,060
Maybe not so quick, but either for David or Anthony.

1291
01:58:53,160 --> 01:58:58,880
Going back to Anne's comment, I do remember some of that process and I wait back when I was on the planning commission.

1292
01:58:59,480 --> 01:59:05,640
Can you describe a little bit what the interaction is between staff and an applicant before?

1293
01:59:05,640 --> 01:59:09,660
You know, and we're going to lose some of that with interview or is it still available?

1294
01:59:12,000 --> 01:59:16,420
Yeah, it's a great question and thanks for the opportunity to clarify that.

1295
01:59:17,020 --> 01:59:24,660
We do still meet with customers at the front counter regularly and we will remain open for business at the front counter.

1296
01:59:25,120 --> 01:59:32,960
Whether someone is doing early due diligence and just comes with questions or wants to know what they can do with a property.

1297
01:59:32,960 --> 01:59:37,980
for example, want someone to guide them through what the application process is like and we're

1298
01:59:37,980 --> 01:59:44,300
going to be able to continue to provide the resources to answer those good questions.

1299
01:59:45,620 --> 01:59:53,120
The online application portal, as the director mentioned, is going to allow applicants to

1300
01:59:54,100 --> 01:59:59,660
skip the line so to speak if they don't want to hold onto their appointment. But for now,

1301
02:00:00,000 --> 02:00:09,320
City is offering both options, and both will be fairly comparable in terms of screening applications, ensuring

1302
02:00:09,320 --> 02:00:16,700
that the quality of the submittal is sufficient so that we can do that comprehensive initial review

1303
02:00:16,700 --> 02:00:23,660
to the mayor's point about ensuring that the first plan check provides a full set of comments to address

1304
02:00:23,660 --> 02:00:26,040
to deem the application complete.

1305
02:00:27,480 --> 02:00:29,740
The public commenters and specific we

1306
02:00:29,740 --> 02:00:34,340
and in Kathy alluded to a process that the city used to have,

1307
02:00:34,440 --> 02:00:38,860
which is the pre-application site visit process.

1308
02:00:39,660 --> 02:00:41,420
There was a requirement in the past,

1309
02:00:41,420 --> 02:00:45,280
specific to certain types of residential projects.

1310
02:00:45,460 --> 02:00:48,320
So if you had a residential development application

1311
02:00:48,320 --> 02:00:50,820
that required perhaps a variance,

1312
02:00:50,820 --> 02:00:53,060
or maybe there was an upper-level addition,

1313
02:00:53,860 --> 02:00:57,000
or the project rose to a new construction or a major remodel,

1314
02:00:57,500 --> 02:00:58,440
that was a requirement.

1315
02:00:59,360 --> 02:01:01,980
Now there were some concerns about that process.

1316
02:01:01,980 --> 02:01:04,280
It was required, which meant it had a backlog

1317
02:01:04,280 --> 02:01:06,040
of it so in often times.

1318
02:01:06,720 --> 02:01:11,420
It wasn't always prioritized because we did have applications

1319
02:01:11,420 --> 02:01:15,140
that were ready to proceed with the entitlement process.

1320
02:01:15,140 --> 02:01:17,900
So we also had to dedicate resources to.

1321
02:01:18,260 --> 02:01:20,160
Now, although that process went away,

1322
02:01:20,160 --> 02:01:22,620
and we no longer generate those pre-site reports.

1323
02:01:23,320 --> 02:01:25,700
All the planners do visit their project sites.

1324
02:01:30,690 --> 02:01:32,370
So I'm glad to hear that we're going to be talking

1325
02:01:32,370 --> 02:01:34,510
about the commercial stuff and because we

1326
02:01:34,510 --> 02:01:36,810
are having a problem with our commercial sector.

1327
02:01:38,810 --> 02:01:42,550
You know, prior to COVID, we used to do open for business,

1328
02:01:43,050 --> 02:01:45,070
remember, if anybody wanted to open a business,

1329
02:01:45,210 --> 02:01:47,470
we'd come to an open open for business session.

1330
02:01:48,110 --> 02:01:51,050
And we kind of vet them and advance and talk about,

1331
02:01:51,050 --> 02:01:55,930
with the city process was, and they have a variety of questions.

1332
02:01:56,370 --> 02:02:00,010
They want to know things like, you know, any similar businesses in town,

1333
02:02:00,110 --> 02:02:03,930
how long would it take me, what are the costs, lots of questions?

1334
02:02:04,490 --> 02:02:06,190
I think we should try to do that again.

1335
02:02:07,030 --> 02:02:13,550
Or we should talk about some process to help potential commercial business owners come into town,

1336
02:02:13,850 --> 02:02:15,890
because we're starting to have a lot of vacancies here,

1337
02:02:16,010 --> 02:02:18,270
and it's impacting our sales tax revenue now.

1338
02:02:21,150 --> 02:02:23,570
any other comments on on this item?

1339
02:02:23,750 --> 02:02:25,010
How do you want to say anything?

1340
02:02:26,270 --> 02:02:30,770
So I thank you for the report, this is just a receive and file and I guess we'll look

1341
02:02:30,770 --> 02:02:32,970
forward to next in the expense report.

1342
02:02:33,230 --> 02:02:38,950
We'll hopefully have the data about the benchmark, is that a really seek-deliverable?

1343
02:02:39,550 --> 02:02:40,010
Sounds good.

1344
02:02:40,090 --> 02:02:40,810
We're going to die trying.

1345
02:02:41,130 --> 02:02:42,010
Okay, thank you.

1346
02:02:42,230 --> 02:02:42,550
Thanks everyone.

1347
02:02:44,190 --> 02:02:49,770
So do we need a break or should we move on or are we ready to go to the next to our regular

1348
02:02:49,770 --> 02:02:59,370
calendar. Council, good, everyone's good. So then let's move on to item 13 who will be presenting

1349
02:02:59,370 --> 02:03:02,210
the staff report. Jennifer.

1350
02:03:07,620 --> 02:03:11,860
Good evening Mayor and city council. One moment while I bring up the power

1351
02:03:11,860 --> 02:03:12,580
points.

1352
02:03:33,890 --> 02:03:38,410
So this evening we are looking at the purchase and sale agreements for the properties located

1353
02:03:38,410 --> 02:03:42,830
at 2, 3, 0, 7, and 2, 5, 3, 5, with good and canyon road.

1354
02:03:43,650 --> 02:03:47,970
Just as a bit of background and catch everyone up, our goals are aligned with city council

1355
02:03:47,970 --> 02:03:53,470
priority number five to pursue artist work, live opportunities in the city.

1356
02:03:54,090 --> 02:03:59,050
With a big picture of the city acquiring these good and canyon properties or assigning the

1357
02:03:59,050 --> 02:04:04,570
acquisition, establishing a community land trust, and then being positioned to support

1358
02:04:04,570 --> 02:04:10,270
other potential affordable housing opportunities in the city. The two properties again are

1359
02:04:10,270 --> 02:04:16,370
2, 5, 3, 5, we're going to continue to load with 14 units, 2, 3, 0, 7, we're going to continue to

1360
02:04:16,370 --> 02:04:17,590
load with 11 units.

1361
02:04:20,040 --> 02:04:23,780
So far, what we've accomplished is a workshop discussing the matter in November.

1362
02:04:24,620 --> 02:04:30,280
We did have a similar item to the sevenine's item on the December 10th agenda that that was pulled.

1363
02:04:30,280 --> 02:04:37,820
However, we have continued conversations with City Council throughout 2024 and 2025 for the

1364
02:04:37,820 --> 02:04:40,400
purchase and sale agreements for the properties.

1365
02:04:42,160 --> 02:04:48,120
We have an ad hoc committee that continues to work with potential third parties and coordinates

1366
02:04:48,120 --> 02:04:49,760
with City staff on the matter.

1367
02:04:51,740 --> 02:04:57,420
This evening before you, just to clarify, there's four purchase and sale agreements within your

1368
02:04:57,420 --> 02:04:57,880
package.

1369
02:04:57,880 --> 02:04:59,800
And that's due to not only

1370
02:05:00,000 --> 02:05:13,220
They're being two properties, but they're being two entities that own each property. So there's for purchase and sale agreements. The total purchase price between those four agreements would be $8.65 million.

1371
02:05:14,260 --> 02:05:24,300
It includes an investigation period for due diligence set to expire towards the end of February, closing by the end of February with an opportunity to extend.

1372
02:05:24,960 --> 02:05:33,960
The total deposit would be $100,000 unless the city chooses to extend with another $25,000.

1373
02:05:34,560 --> 02:05:39,300
I do want to point out that there is an error in the staff report with the deposit amount.

1374
02:05:39,840 --> 02:05:48,300
The staff report says $150,000 total, but it is $125,000 total should the city choose to extend that closing date.

1375
02:05:50,220 --> 02:05:56,340
As noted in the staff report, we are looking at different funds within the city to fund this effort.

1376
02:05:56,600 --> 02:06:02,920
Those include the open space fund, the parking fund, the vehicle replacement fund, and the insurance fund.

1377
02:06:04,950 --> 02:06:09,590
The recommendation before you includes four main parts to adopt the resolution,

1378
02:06:10,550 --> 02:06:14,270
authorize the city manager to execute the necessary documents.

1379
02:06:14,270 --> 02:06:21,590
We're turned to City Council for assignment and loan documents and then transfer an appropriation for our due diligence.

1380
02:06:22,330 --> 02:06:27,450
On the slide before you are short and diversions of the full recommendation within your staff report,

1381
02:06:28,350 --> 02:06:35,890
except for the first one for the title of the resolution, the underlines clarify that it should include

1382
02:06:35,890 --> 02:06:41,130
trust A, B, and C, whereas the title in the staff report just have B, and C.

1383
02:06:42,170 --> 02:06:45,310
This concludes staff presentation, and we are available for any questions.

1384
02:06:46,490 --> 02:06:49,770
Thank you, do members of the ad hoc committee, Council Members Whale, and our Mayor

1385
02:06:49,770 --> 02:06:51,970
Program, or will you want to add any comments?

1386
02:06:55,580 --> 02:06:58,880
I don't think at this time, I think maybe we'll take public comment, and then we can

1387
02:06:58,880 --> 02:07:00,060
kind of have council discussions.

1388
02:07:01,180 --> 02:07:03,960
So then we'll open up public comment on this item.

1389
02:07:05,060 --> 02:07:07,300
Any members of the public question to speak please line up?

1390
02:07:08,900 --> 02:07:14,300
everybody, Billy Fried, again, from the radio station. I want to just let you know why

1391
02:07:14,300 --> 02:07:20,180
there's a film crew here. We applied for a national endowment of humanities grant to tell

1392
02:07:20,180 --> 02:07:25,920
a riveting story about Laguna Beach, which is the arc of it beginning as an artist colony,

1393
02:07:26,860 --> 02:07:31,880
and sustaining that for many, many years, but being in a place now where prices of real estate

1394
02:07:31,880 --> 02:07:37,800
are basically forcing artists out of our community. And it's an allegory that's taking place

1395
02:07:37,800 --> 02:07:41,980
In many other arts communities, and if we do win this grant, it would be very prestigious

1396
02:07:41,980 --> 02:07:44,600
for our radio station as a storyteller.

1397
02:07:45,660 --> 02:07:50,880
I presented this to the filmmaker William Kirkley who made our sunshine, and he was so excited

1398
02:07:50,880 --> 02:07:55,940
about this project that's been on his mind that he asked if he could send a few student

1399
02:07:55,940 --> 02:08:02,500
cinematographers down here to capture this historic moment, because this is the happy third

1400
02:08:02,500 --> 02:08:07,680
act that you guys are actually doing something proactively, and I can't emphasize enough

1401
02:08:07,680 --> 02:08:14,440
how impressive this action is to demonstrate your commitment to keeping artists in our town

1402
02:08:14,440 --> 02:08:19,940
after all, they are what created our town, sustained our town, we depend on them, we need

1403
02:08:19,940 --> 02:08:25,300
storytellers more than ever now in the face of the crisis around this artist have a bigger

1404
02:08:25,300 --> 02:08:30,240
role to play than ever before, they make sense of the world to us. So I just want to let you know

1405
02:08:30,240 --> 02:08:36,160
so you weren't confused about it and hopefully we will be producing a documentary and partnership

1406
02:08:36,160 --> 02:08:40,540
with William on this historic moment. Thank you. Thank you.

1407
02:08:44,970 --> 02:08:49,730
Good evening council, George Deuben with you again. I have spoken to you many times

1408
02:08:49,730 --> 02:08:54,790
about this, obviously it's something that is near and dear to my heart because it

1409
02:08:54,790 --> 02:09:00,630
affects me extremely. I don't want to get into any redundant conversations I've

1410
02:09:00,630 --> 02:09:05,370
already had with you. What I want, what I want to focus on is a couple of things

1411
02:09:05,370 --> 02:09:13,930
And that is sometimes I hear people talking about a comparison of these properties, who say

1412
02:09:13,930 --> 02:09:20,190
the long, long, long, long, long, long, long project or the, or the, the, one of they

1413
02:09:20,190 --> 02:09:26,210
called part of lots, yeah, well, hold on a second, the sheds.

1414
02:09:26,530 --> 02:09:27,810
That's the one I was thinking of.

1415
02:09:28,070 --> 02:09:33,890
Those two, those both those projects were built in such a way that they do not accommodate

1416
02:09:33,890 --> 02:09:42,350
the kind of uses that 2535 and 2307 currently provide our our community and that being

1417
02:09:42,350 --> 02:09:49,490
industrial use. Both the Dorn and Project and the Sheds are basically kind of any

1418
02:09:49,490 --> 02:09:56,030
projects that do accommodate artists but it's mostly digital artists and artists that don't

1419
02:09:56,030 --> 02:09:58,170
make noise and don't make a mess.

1420
02:09:59,690 --> 02:09:59,930
That's...

1421
02:10:00,080 --> 02:10:18,060
That's the value of 2, 5, 3, 5, and 2, 3, 7, is that they've been in industrial zone, excuse me, the M1AZone. They allow artists to do what they do without restriction, and they're very unique to our community because there is no more of these.

1422
02:10:18,060 --> 02:10:24,220
This is that they were built, as you know, back in the first one, back in the mid-70s,

1423
02:10:24,360 --> 02:10:30,340
the other one in the early 80s, the Mr. Burkhardt for whatever reason had insight as to

1424
02:10:30,340 --> 02:10:35,480
what was needed by our community, and they've been full of artists and crafts people ever

1425
02:10:35,480 --> 02:10:36,000
since,

1426
02:10:38,180 --> 02:10:43,920
and that's what makes them unique, is that artists are who need industrial spaces

1427
02:10:43,920 --> 02:10:46,880
are able to function without restriction,

1428
02:10:49,060 --> 02:10:53,480
without worrying about what the neighbors are going

1429
02:10:53,480 --> 02:10:55,160
to say or about each other.

1430
02:10:55,700 --> 02:11:01,240
One of the things that is happening at the Longi Project is that if somebody makes a little

1431
02:11:01,240 --> 02:11:08,680
bit of noise or they work past seven o'clock in the evening, the phone rings and Lewis gets

1432
02:11:08,680 --> 02:11:11,780
complaints about various activities there.

1433
02:11:12,500 --> 02:11:15,760
So that project, although I was very much supportive of it,

1434
02:11:15,920 --> 02:11:21,840
as you know, has failed in terms of providing the type of industrial space that we need.

1435
02:11:21,880 --> 02:11:27,960
So I really, really urge you to continue to move forward on this endeavor

1436
02:11:28,760 --> 02:11:33,200
for our artists and our community now and for future generations.

1437
02:11:33,200 --> 02:11:41,540
but also I know that the events of this last week has potentially changed a little bit of focus

1438
02:11:41,540 --> 02:11:45,860
but this this has been something that's been ongoing for almost two years now and I hope you

1439
02:11:45,860 --> 02:11:51,060
will continue continuing moving it forward because it's it's it's it's very important to our

1440
02:11:51,060 --> 02:11:56,160
hardest community thank you thank you next speaker please

1441
02:11:58,660 --> 02:12:01,660
okay seeing no additional speakers I will

1442
02:12:01,660 --> 02:12:04,640
those public comment on this item and bring it back to the council.

1443
02:12:06,440 --> 02:12:06,940
Bob, you want to start?

1444
02:12:07,200 --> 02:12:08,460
Yeah, thank you, Mayor.

1445
02:12:11,040 --> 02:12:16,580
So, George's last comments, I think, are appropriate.

1446
02:12:16,580 --> 02:12:21,740
We have received a communication from at least one member of the public about competing, you know,

1447
02:12:21,840 --> 02:12:23,080
monetary demands, right?

1448
02:12:23,760 --> 02:12:29,640
And this is tying up, you know, eight and a half million dollars of city money and wouldn't

1449
02:12:29,640 --> 02:12:33,740
have been better spent on some of the things we talked about earlier, which was fire safety

1450
02:12:33,740 --> 02:12:35,820
and emergency preparedness and so on.

1451
02:12:36,300 --> 02:12:38,980
Well, I think we can do both.

1452
02:12:38,980 --> 02:12:40,940
I think we need to stay the course.

1453
02:12:41,400 --> 02:12:44,260
My personal view with this acquisition here.

1454
02:12:44,740 --> 02:12:48,180
But remember, the plan is that the city is a bridge.

1455
02:12:48,580 --> 02:12:50,640
I mean, where this was never the plan in the beginning.

1456
02:12:50,640 --> 02:12:52,760
It's just how the timing played out, right?

1457
02:12:52,760 --> 02:12:57,180
And the city had a step in and make sure we could preserve these properties before they were sold

1458
02:12:57,180 --> 02:13:04,540
on the open market for other uses and it was apparent through the process, the real estate process

1459
02:13:04,540 --> 02:13:10,160
that there were other purchasers out there who were going to use them for other endeavors.

1460
02:13:11,660 --> 02:13:16,020
So, you know, I think we need to continue along this course.

1461
02:13:17,020 --> 02:13:23,100
We are actively staff has been actively pursuing a couple of entities, non-profit entities,

1462
02:13:23,100 --> 02:13:28,260
that could acquire these with the city just acting as the lender.

1463
02:13:29,820 --> 02:13:36,460
But the ultimate here is, you know, for the community land trust, our community land trust

1464
02:13:38,460 --> 02:13:45,580
to create the financial viability to, you know, to basically acquire these and own these

1465
02:13:45,580 --> 02:13:47,680
and pay the city back as the lender.

1466
02:13:48,500 --> 02:13:49,920
So I hope people are listening.

1467
02:13:49,920 --> 02:13:54,520
I see one gentleman in the back, my friend Dan McInnerney, who's there, who I know is active

1468
02:13:54,520 --> 02:14:01,460
in the community land trust process, you know, that people from the community, we are expecting

1469
02:14:01,460 --> 02:14:05,160
you, we are counting, this is a partnership. We're looking for you to come forward, step

1470
02:14:05,160 --> 02:14:11,180
forward, and, you know, make this community land trust a reality so that the city can do its

1471
02:14:11,180 --> 02:14:15,060
bridge roll and then step, you know, step aside and pursue some of the other things and

1472
02:14:15,060 --> 02:14:18,020
maybe that would be more housing down the road.

1473
02:14:19,200 --> 02:14:22,560
But I think we should pursue this at this point,

1474
02:14:22,560 --> 02:14:25,460
again, Council were just authorizing

1475
02:14:25,460 --> 02:14:26,820
the purchase and sale agreements.

1476
02:14:27,080 --> 02:14:29,360
We have a due diligence period as Jennifer pointed out

1477
02:14:29,360 --> 02:14:30,540
till February 21.

1478
02:14:31,220 --> 02:14:36,940
I know staff's been very active and following up

1479
02:14:36,940 --> 02:14:41,360
on all the due diligence that we need to have,

1480
02:14:41,520 --> 02:14:43,300
including verifying leases and looking

1481
02:14:43,300 --> 02:14:53,600
environmental issues. So I think we're in a good position here, and we should my ask the council

1482
02:14:53,600 --> 02:14:58,840
would be to approve the recommended actions. Thank you, Bob. If I may just add two.

1483
02:15:00,000 --> 02:15:04,160
What you mentioned just a bit to add a little bit of detail.

1484
02:15:06,960 --> 02:15:15,260
There are some potential funding mechanisms, and I know that one at least that minimum would work out.

1485
02:15:15,580 --> 02:15:27,980
So, in other words, what that means is, as soon as the land trust is complete and we're told that we think in another six months, the community land trust should be ready to bring on some board members at that time.

1486
02:15:27,980 --> 02:15:32,400
And then I would expect that it would take them several months to kind of get their footing

1487
02:15:32,400 --> 02:15:40,920
and then start to explore some financing situations to reimburse the city for the majority

1488
02:15:40,920 --> 02:15:42,900
of the cost of these properties.

1489
02:15:43,500 --> 02:15:47,080
So I just want to do expand on the Bob's comment on that.

1490
02:15:47,580 --> 02:15:53,040
And keeping in mind that the artists that do occupy them, there is cash flow on the properties

1491
02:15:53,040 --> 02:15:53,560
currently.

1492
02:15:53,560 --> 02:16:00,580
So between that cash flow and a couple of other ideas that you'll all hear about in the not too distant future

1493
02:16:00,580 --> 02:16:08,500
Some other funding mechanisms. I'm very confident that the the land trust and the board members are going to be able to

1494
02:16:09,420 --> 02:16:13,560
close this gap and make the city hold on this in a

1495
02:16:13,560 --> 02:16:14,860
short period of time

1496
02:16:14,860 --> 02:16:17,040
meaning two or three years

1497
02:16:19,090 --> 02:16:20,670
Thank you any other comments

1498
02:16:23,000 --> 02:16:26,860
I'm obviously relatively new to this. I'm new to council

1499
02:16:26,860 --> 02:16:45,860
and I'm coming into this process late, and I just can't say enough how proud I am of us as a community and of my fellow council members on the staff who've put this together. I think it is critically important for our community to invest in supporting our local artists and I think this is the best way to do it.

1500
02:16:47,080 --> 02:16:55,900
Yeah, and I, you know, I want to really highlight Mark Orgale for bringing this getting this going because I know when this came up we all went out and we got a tour of the two properties.

1501
02:16:57,600 --> 02:17:02,980
For me, it was a little bit overwhelming to think about how we would go about this, but he's

1502
02:17:02,980 --> 02:17:07,140
a smart guy over here, and then he got the other smart guy in Bob working with him.

1503
02:17:07,740 --> 02:17:08,920
So, I totally support it.

1504
02:17:08,980 --> 02:17:12,700
It's very important to our community, and I think it's going to work out just fine.

1505
02:17:15,260 --> 02:17:21,100
Eric, just to have one other comment, which would be, we're not addressing this tonight,

1506
02:17:21,180 --> 02:17:26,140
but I did want to mention it just for Council to consider, because it could come back.

1507
02:17:26,140 --> 02:17:33,580
Now one of the financial analysis section on page four, six year, staff is highlighted some potential funds from which we could borrow money.

1508
02:17:34,460 --> 02:17:52,300
I think there are other alternatives and I've talked with Gavin a little bit about this where we might actually consider capital improvement fund and instead having the city actually borrow short term to replace money's in the capital improvement fund.

1509
02:17:52,300 --> 02:18:00,300
rather than taking these other funds which I'm particularly concerned a little bit about the vehicle replacement fund because we've

1510
02:18:00,880 --> 02:18:04,440
we've already committed to an electrification program and you know.

1511
02:18:05,920 --> 02:18:08,080
So no answers on that tonight.

1512
02:18:08,300 --> 02:18:14,300
I just wanted to mention that as something that we may come back with a recommendation on when we're

1513
02:18:14,840 --> 02:18:19,580
finalizing the funding analysis which I guess would be when is this going to come back to us again?

1514
02:18:20,820 --> 02:18:27,780
The second meeting February, the second meeting February, and Dave, could you include this as part of

1515
02:18:27,780 --> 02:18:32,960
address strategic planning workshop? We'll be looking at a five-year financial plan, right? So maybe

1516
02:18:32,960 --> 02:18:36,840
that this could be considered as part of that to look at.

1517
02:18:37,220 --> 02:18:38,400
Yeah, that makes sense.

1518
02:18:38,500 --> 02:18:43,640
So Bob, what you're saying or recommending for a future discussion would be,

1519
02:18:43,780 --> 02:18:48,300
if there's a capital improvement project that's been funded, but not ready to go, we would borrow

1520
02:18:48,300 --> 02:18:55,680
that money since it's not ready to go anyway, right? Is that correct? Right. And but we could

1521
02:18:55,680 --> 02:19:03,760
also borrow externally like we did for the half the cost of the Recreation Center and then

1522
02:19:03,760 --> 02:19:09,480
just hold that money to fund the future capital improvement projects and take the capital

1523
02:19:09,480 --> 02:19:15,520
improvement money that's currently budgeted but not needed to do this purchase. So just another

1524
02:19:15,520 --> 02:19:20,540
potential alternative I'm not sure that's one we'll settle on but I just want to mention that to

1525
02:19:20,540 --> 02:19:27,580
to council tonight. So yeah I'm not going to add anything I think my colleague's summarized

1526
02:19:27,580 --> 02:19:33,880
this issue very well. Artists are part of who we are in this action moves this step closer to

1527
02:19:35,220 --> 02:19:38,700
addressing that and ensuring that artists can always be a part of we're going to be just moving

1528
02:19:38,700 --> 02:19:48,880
into the future. So is there a motion? I'll make a motion to approve the purchase

1529
02:19:48,880 --> 02:19:56,020
I just close my pages here or approve the recommended action.

1530
02:19:56,660 --> 02:19:59,120
Okay, approve the recommended action. Thank you.

1531
02:20:01,320 --> 02:20:07,140
Can I just clarify, I think that the resolution title is to be amended to include trust, I think

1532
02:20:07,140 --> 02:20:12,440
a reference is only B and C so could the motion include that, that it would also be a

1533
02:20:12,440 --> 02:20:15,120
resolution to purchase from trust A.

1534
02:20:15,840 --> 02:20:18,840
So the resolution, say that you'll amend the motion.

1535
02:20:18,960 --> 02:20:26,060
All amend the motion to include that the amendment to the resolution title to reference trust A.

1536
02:20:26,060 --> 02:20:29,080
amend the motion to reference, trust A.

1537
02:20:29,920 --> 02:20:30,820
Well, staff, we're asking.

1538
02:20:31,120 --> 02:20:32,740
Okay. All in favor.

1539
02:20:33,300 --> 02:20:34,140
Hi. Hi.

1540
02:20:34,980 --> 02:20:36,060
Five of you. Thank you.

1541
02:20:37,060 --> 02:20:37,620
Thank you, Jennifer.

1542
02:20:41,040 --> 02:20:44,620
On this next item, is it fair to ask if you want to staff report on this?

1543
02:20:44,780 --> 02:20:49,160
We put it on the regular business just to give it some other public visibility

1544
02:20:49,160 --> 02:20:51,140
in case people are reading it at home.

1545
02:20:51,720 --> 02:20:53,420
So to say anyone want to staff report.

1546
02:20:54,200 --> 02:20:55,440
Any questions on this item?

1547
02:20:55,440 --> 02:21:00,840
So for the public's benefit, this is the community land trust community engagement plan, which is robust.

1548
02:21:02,340 --> 02:21:04,480
Is the seeing no questions from council?

1549
02:21:04,660 --> 02:21:07,880
Are there any members of the public who'd like to provide input on this item?

1550
02:21:12,810 --> 02:21:15,990
Good evening Mayor Bernoggi and council members.

1551
02:21:16,170 --> 02:21:26,350
My name is Mary Joe Wineportner and somehow I found myself the chair of the housing services committee and I just want to thank you so much for

1552
02:21:26,350 --> 02:21:28,030
We're seeing this through Mark and Bob.

1553
02:21:28,110 --> 02:21:30,570
I know you've worked very hard on getting this going.

1554
02:21:30,810 --> 02:21:31,950
It's been a long process.

1555
02:21:32,670 --> 02:21:35,690
And I have some former committee members to thank for that

1556
02:21:35,690 --> 02:21:37,350
and brings us to this moment here, Jennifer.

1557
02:21:37,610 --> 02:21:38,890
Thank you for your work on this.

1558
02:21:39,110 --> 02:21:41,930
We're so excited that we're going to have another tool

1559
02:21:41,930 --> 02:21:45,950
in the toolbox to hopefully come back our housing crisis.

1560
02:21:46,130 --> 02:21:47,350
And I thank you so much.

1561
02:21:48,110 --> 02:21:48,550
Thank you.

1562
02:21:48,810 --> 02:21:50,090
Any other speakers?

1563
02:21:51,110 --> 02:21:53,250
Seeing that I'll close public comment on this item.

1564
02:21:53,350 --> 02:21:55,490
Are there any questions or comments from the council?

1565
02:21:56,090 --> 02:22:16,670
I just had one comment that I shared with the City Manager yesterday that I mean this is a great robust list of engagement, but then it occurred to me that we should reach out to the hospital and have them offer them the opportunity to participate in this engagement as a stakeholder.

1566
02:22:16,670 --> 02:22:18,830
good idea.

1567
02:22:19,850 --> 02:22:23,530
Do you need a motion to reflect that, or can we, okay, so we have that input given?

1568
02:22:23,750 --> 02:22:25,850
Any other comments or questions on the item?

1569
02:22:26,290 --> 02:22:29,430
It's a receive and file, so if not, we'll move on to the next item.

1570
02:22:29,530 --> 02:22:30,110
Thank you, Jennifer.

1571
02:22:32,510 --> 02:22:37,910
And so for item 15 and 16, Megan, you were indicating that we would combine these into one

1572
02:22:37,910 --> 02:22:40,570
and how we dealt with it.

1573
02:22:40,570 --> 02:22:43,870
Yeah, I would recommend that you take them together.

1574
02:22:44,070 --> 02:22:47,270
There are some questions as to whether you want to make certain changes.

1575
02:22:47,450 --> 02:22:50,190
And if you do that, you likely would make them to both.

1576
02:22:50,590 --> 02:22:53,930
And so it makes sense to have them presented simultaneously.

1577
02:22:54,790 --> 02:22:54,830
Perfect.

1578
02:22:55,510 --> 02:22:57,990
So do a staff report on this item?

1579
02:22:58,310 --> 02:22:59,330
Anthony's running in.

1580
02:22:59,450 --> 02:22:59,970
Oh, sorry.

1581
02:23:00,610 --> 02:23:00,810
Sorry.

1582
02:23:01,230 --> 02:23:02,770
We're going past there.

1583
02:23:27,120 --> 02:23:33,080
And while Anthony gets set up, all this note that we did post a supplemental posting this afternoon

1584
02:23:33,080 --> 02:23:41,380
on to the agenda and it just for the specifically for the urgency item, it updated the urgency

1585
02:23:43,680 --> 02:23:48,520
ordinance to include, it's being handed out right now, this document, which is the full

1586
02:23:48,520 --> 02:23:53,740
stated urgency ordinance instead of an incorporation by reference. So it's the same thing.

1587
02:23:53,880 --> 02:23:57,280
It's just it will make this easier as we go through potential changes.

1588
02:23:57,280 --> 02:23:58,540
Good

1589
02:24:00,940 --> 02:24:03,620
evening, member and members of the City Council.

1590
02:24:04,240 --> 02:24:09,200
I'll start by quickly walking the council in the public through item number 15,

1591
02:24:10,200 --> 02:24:14,600
which is the second reading of the non-urgency ordinance,

1592
02:24:15,200 --> 02:24:17,920
and then I'll give a brief presentation on item 16,

1593
02:24:18,780 --> 02:24:21,820
which is the extension of the urgency ordinance.

1594
02:24:22,380 --> 02:24:27,340
So item 15 is a second reading of a ordinance that you pass the

1595
02:24:27,340 --> 02:24:34,560
introduced and passed to a second reading on December 10th of last year related to the city's

1596
02:24:34,560 --> 02:24:35,640
ADU regulations.

1597
02:24:37,840 --> 02:24:44,760
This ordinance repeals and replaces chapter 25.17 of the city's municipal code

1598
02:24:44,760 --> 02:24:54,760
again related to ADUs and JADUs. One of the reasons why this city is presenting this

1599
02:24:54,760 --> 02:24:59,740
to the Council for Consideration and Adoption is that state ADU law.

1600
02:25:00,000 --> 02:25:03,840
Law has changed as of January 1st.

1601
02:25:06,110 --> 02:25:28,870
At the last meeting, the City Council requested additional information related to two provisions related to pedestrian access and vehicle access and specifically how these two provisions address the requirements of the city's local coastal program and the coastal act.

1602
02:25:28,870 --> 02:25:37,030
The staff report provides an analysis of that relationship and how it implements the city's certified LCP.

1603
02:25:38,650 --> 02:25:47,850
There were various statements, policy statements, goals, and policies in the land use element specifically,

1604
02:25:48,210 --> 02:25:58,210
which is one component of the city's certified LCP, with which those two provisions would relate and advance.

1605
02:25:58,870 --> 02:26:05,670
So stats conclusion was that both the pedestrian and vehicular access provisions, which would apply

1606
02:26:05,670 --> 02:26:13,150
to ADU projects, subject to a coastal development permit, or CDP, are consistent with the city's

1607
02:26:13,150 --> 02:26:16,950
LCP and implement. The policy is about LCP.

1608
02:26:19,460 --> 02:26:22,820
City staff did receive public comments from

1609
02:26:22,820 --> 02:26:30,920
various members of the local design community, the comments were related to an architectural

1610
02:26:30,920 --> 02:26:39,200
standard addressing privacy between neighboring residential properties. The concern is that it

1611
02:26:39,200 --> 02:26:46,760
would prevent the use of clear windows and potentially a significant percentage of ADU projects in

1612
02:26:46,760 --> 02:26:50,600
city due to the city's lot sizes and shapes.

1613
02:26:51,260 --> 02:26:54,900
Now the Council could strike or modify these provisions,

1614
02:26:55,820 --> 02:26:58,880
but it should be noted that this would require re-noticing

1615
02:26:58,880 --> 02:27:02,840
and re-introduction of the non-urgency ordinance

1616
02:27:03,360 --> 02:27:06,840
for a first reading at a future city council meeting.

1617
02:27:08,660 --> 02:27:11,040
The agenda report before you this evening

1618
02:27:11,040 --> 02:27:14,400
does include draft language for your consideration.

1619
02:27:14,400 --> 02:27:20,920
shared the Council want to move in that direction, it would include the complete repeal

1620
02:27:20,920 --> 02:27:28,380
of the provision that some members of the public had concerns with and would also modify

1621
02:27:28,380 --> 02:27:35,160
a related provision in that same section of the ADU ordinance. Essentially, it would narrow the

1622
02:27:35,160 --> 02:27:41,560
focus of that provision to address privacy concerns where the potential impact is the greatest

1623
02:27:41,560 --> 02:27:46,360
which is with respect to ADU windows on upper floors.

1624
02:27:50,630 --> 02:27:56,810
The City Council's options this evening are to either keep or repeal the provisions related

1625
02:27:56,810 --> 02:28:03,490
to pedestrian and vehicular access and similarly to keep or repeal the provisions related

1626
02:28:03,490 --> 02:28:10,810
to property line windows and doors and direct line of site of windows and doors or to modify

1627
02:28:10,810 --> 02:28:19,050
those provisions, as presented by staff. And once more, many changes to the non-agency ordinance

1628
02:28:19,690 --> 02:28:26,530
would require that we return to you for a first reading at a future notice to public hearing.

1629
02:28:28,770 --> 02:28:35,210
Next, I'll briefly summarize the urgency ordinance, which is item 16 on your agenda, and specifically

1630
02:28:35,210 --> 02:28:41,770
it's an extension, an ordinance, an urgency ordinance, excuse me, that you adopted on December

1631
02:28:41,770 --> 02:28:50,790
10. It also mirrors the content of the non-urgency ordinance. The urgency ordinance is initially

1632
02:28:50,790 --> 02:28:57,630
effective for a 45 day period and therefore we are returning to the this evening to consider

1633
02:28:57,630 --> 02:29:04,330
a possible extension for an additional 22 months and 15 days which would require a four-fifths

1634
02:29:04,330 --> 02:29:12,930
of the city council. As part of your potential action, you would also adopt a 10-day report.

1635
02:29:13,530 --> 02:29:20,530
Should you choose to extend that ordinance? The report describes the measures that are being taken

1636
02:29:20,530 --> 02:29:26,770
to alleviate the conditions that led to the initial adoption of the urgency ordinance.

1637
02:29:29,340 --> 02:29:33,760
Staff did want to report on a meeting that we had this afternoon,

1638
02:29:33,760 --> 02:29:39,820
what the staff of the California Coastal Commission, there are a few important takeaways that

1639
02:29:39,820 --> 02:29:45,740
we wanted to discuss with you this evening. And this is a follow-up to a meeting that we had

1640
02:29:45,740 --> 02:29:51,720
with Coastal staff last week. We would have preferred to have this meeting sooner, but this was

1641
02:29:51,720 --> 02:29:58,020
the sooner that we could meet with our staff to talk through some other more substantive comments

1642
02:29:58,020 --> 02:29:59,880
on the urgency ordinances.

1643
02:30:00,000 --> 02:30:09,700
Specifically, first is coastal staff requested that we hold regular coordination meetings with

1644
02:30:09,700 --> 02:30:16,080
their staff to discuss any pending ADU applications that are going to be processed against

1645
02:30:16,080 --> 02:30:22,340
the urgency ordinance. And we envision that these might be weekly or by weekly meetings. And

1646
02:30:22,340 --> 02:30:28,980
we're happy to meet as frequently as possible to keep projects moving forward. Secondly, coastal

1647
02:30:28,980 --> 02:30:33,080
staff requested two modifications to the urgency ordinance.

1648
02:30:33,900 --> 02:30:41,420
One is a strikeout change related to a new allowance to allow detached

1649
02:30:41,420 --> 02:30:44,400
ADUs associated with multi-family structures.

1650
02:30:45,080 --> 02:30:53,030
What staff had proposed in your December 10th ordinance is we would increase the

1651
02:30:53,030 --> 02:31:00,810
of detached data use, multi-family lots from two to a maximum of eight potentially and that's

1652
02:31:00,810 --> 02:31:09,130
in accordance with new state ADU law. The Coastal Commission requested that we strike that from

1653
02:31:09,130 --> 02:31:15,490
the urgency ordinance and it can be considered as part of a non-urgency ordinance. Secondly,

1654
02:31:16,110 --> 02:31:23,010
they have requested a mandatory language related to provisions that provide pathways to

1655
02:31:23,010 --> 02:31:30,690
legalize unpermitted ADUs and JADUs, and this is also a change that staff

1656
02:31:30,690 --> 02:31:37,330
have proposed to align with state ADU law. What this would do is we would

1657
02:31:37,330 --> 02:31:43,290
keep the construction cut-off date to January 1st of 2018. So essentially, if

1658
02:31:43,290 --> 02:31:48,310
you had an unpermitted ADU that was constructed prior to that date, you would be

1659
02:31:48,310 --> 02:31:58,690
eligible for certain allowances to legalize those ADUs without having to address certain requirements of the building code.

1660
02:32:00,310 --> 02:32:08,830
And secondly, Coastal staff requested that we strike allowances to legalize unpermitted JADUs,

1661
02:32:09,310 --> 02:32:12,090
which is also a new provision in state ADU law.

1662
02:32:12,230 --> 02:32:15,170
That staff had proposed to align with that state law.

1663
02:32:18,050 --> 02:32:27,510
And this is a summary of all the changes that are on your plate this evening potentially based on what was discussed in this staff presentation.

1664
02:32:28,410 --> 02:32:37,050
We do have a track change version of the urgency ordinance that shows all these changes that you could then read into your notion potentially.

1665
02:32:37,050 --> 02:32:47,370
I will quickly switch to a different document here to call those up and quickly walk you through those changes.

1666
02:32:52,520 --> 02:32:54,880
I think the version that got handed out is not track changes.

1667
02:32:55,400 --> 02:32:56,900
It's Morris's, I think.

1668
02:32:57,020 --> 02:32:58,220
No, no, no, that's not Morris's.

1669
02:32:58,220 --> 02:32:59,380
Morris is a nice red ink.

1670
02:32:59,500 --> 02:33:00,440
I get that.

1671
02:33:00,440 --> 02:33:03,480
No, the one staff gave us is not red line.

1672
02:33:03,720 --> 02:33:05,080
No, it's the final, yeah.

1673
02:33:06,220 --> 02:33:07,460
Do you have one on the screen?

1674
02:33:07,460 --> 02:33:08,480
You can put on the screen, Anthony.

1675
02:33:08,480 --> 02:33:17,360
I think this is maybe what was just posted this afternoon, which is just, it previously just referenced the prior ordinance and so we're instead of incorporating my reference.

1676
02:33:17,600 --> 02:33:23,860
We provided the full copy and then after that because of the coastal call they've now readlined it. So I think Anthony has the red line version.

1677
02:33:24,160 --> 02:33:25,420
So you've readlined it against this.

1678
02:33:25,500 --> 02:33:26,720
Okay, thank you.

1679
02:33:29,780 --> 02:33:40,340
So on the screen here is the red line version, there would be a slight change to the title of the Americans' ordinance to indicate that it's being extended with certain modifications.

1680
02:33:40,340 --> 02:33:42,080
applications under

1681
02:33:49,350 --> 02:33:54,950
section four extension, again, an acknowledgement of the modifications

1682
02:33:54,950 --> 02:33:59,930
that are being incorporated with the extension of the urgency ordinance,

1683
02:34:07,330 --> 02:34:08,510
and please do

1684
02:34:08,510 --> 02:34:13,490
pause me if you would like me to spend a little bit more time on any of these changes.

1685
02:34:15,190 --> 02:34:15,790
I have a question.

1686
02:34:18,130 --> 02:34:23,970
State law changed it to say up to eight detached units and then the coastal commission is saying

1687
02:34:23,970 --> 02:34:29,210
That that we shouldn't do that is that what's happening here that is correct

1688
02:34:30,910 --> 02:34:34,090
Well, I'm in the basic question. I have on all these changes

1689
02:34:34,090 --> 02:34:39,880
And I'm just struggling to understand the rationale on what basis does the coastal commission assert they can

1690
02:34:40,390 --> 02:34:45,170
Require us to deviate from state law the ad use statute. That's a great question

1691
02:34:45,170 --> 02:34:53,650
The ad use statute says that the ad use statute is subject to the authority of the coastal act and so in other scenarios

1692
02:34:53,650 --> 02:34:56,130
as we've also seen, I think, the last round

1693
02:34:56,130 --> 02:34:59,230
when you adopted your last 80-year-old ordinance,

1694
02:34:59,670 --> 02:34:59,870
coastal...

1695
02:35:00,000 --> 02:35:20,660
We came back and made modifications and the modifications were to the state law provisions, and there is an inherent tension with coastal and HCV on this point, but the law does allow coastal to effectively say that coastal resources are being impacted and modify our ordinance accordingly.

1696
02:35:20,660 --> 02:35:24,420
So what coastal resource is there in that end?

1697
02:35:25,800 --> 02:35:35,120
With respect to the multi-family, I think that they're saying that the number of ADUs,

1698
02:35:35,580 --> 02:35:39,860
that's being allowed, it has the ability to have a greater impact on coastal resources,

1699
02:35:39,900 --> 02:35:44,820
and so it's not being automatically allowed by coastal.

1700
02:35:46,000 --> 02:35:50,820
I think, for example, there on the, maybe Anthony can probably speak to it more clearly,

1701
02:35:51,520 --> 02:36:02,620
but on the last round of comments when state law had perks prescribes that parking do not require replacement coastal came back and required replacement parking in our ordinance in certain scenarios.

1702
02:36:02,900 --> 02:36:11,200
And so this is effectively the same thing that they're commenting on here in order to protect coastal resources is their rationale.

1703
02:36:11,200 --> 02:36:16,420
So could we get a letter from HCD tomorrow that says you're deviating from state law?

1704
02:36:16,660 --> 02:36:21,620
I think if we get that letter, we will refer them to the coastal commission.

1705
02:36:22,280 --> 02:36:23,000
Sounds good.

1706
02:36:23,340 --> 02:36:24,160
Thank you.

1707
02:36:26,320 --> 02:36:30,900
But what is the underlying analysis that the impact on coastal resources is what?

1708
02:36:30,980 --> 02:36:37,160
This brings more people to town and more people at the beach and it's adversely affecting coastal resources.

1709
02:36:37,160 --> 02:36:42,360
I mean, don't they want people to have more access to the coast, which is what ADUs would

1710
02:36:42,360 --> 02:36:43,200
help provide?

1711
02:36:44,500 --> 02:36:45,820
I think that's a good argument.

1712
02:36:46,160 --> 02:36:52,660
I think that one of the things that they're not willing to allow us to have this in our

1713
02:36:52,660 --> 02:37:00,000
urgency ordinance today, and originally we had heard from the coastal staff that we should

1714
02:37:00,000 --> 02:37:06,460
rescind our urgency ordinance, and so we met staff met with coastal staff today and an attempt

1715
02:37:06,460 --> 02:37:14,620
to try to resolve what they were objecting to and ultimately it was these two provisions

1716
02:37:14,620 --> 02:37:21,560
that they think expand the effect of the EU's impact coastal resources in a way that

1717
02:37:21,560 --> 02:37:27,460
the remaining provisions have either a status quo or limiting impact on coastal resources

1718
02:37:29,040 --> 02:37:42,820
And so in order to proceed with urgency ordinance, they asked for these to be strict in, and we will still, we would recommend still adopting your regular ordinance with these provisions in them.

1719
02:37:43,100 --> 02:37:50,320
And so coastal can have more time and hopefully actually with these bi-weekly meetings or whatever they are, they'll see the effects.

1720
02:37:50,320 --> 02:37:52,860
But they'll have a better visibility

1721
02:37:52,860 --> 02:37:55,220
until you're processing in the city

1722
02:37:55,220 --> 02:37:56,760
and have a better ability

1723
02:37:56,760 --> 02:37:59,360
than to actually review our ordinance,

1724
02:37:59,820 --> 02:38:01,420
our permanent ordinance.

1725
02:38:01,780 --> 02:38:04,400
And maybe think, maybe I'm glad we'll have

1726
02:38:04,400 --> 02:38:05,700
on going discussions with them

1727
02:38:05,700 --> 02:38:08,040
and maybe think about the underlying rationale, right?

1728
02:38:08,700 --> 02:38:10,520
Which is, is it does it make sense

1729
02:38:10,520 --> 02:38:13,860
to provide more housing units in the coastal zone

1730
02:38:14,420 --> 02:38:17,340
so that people come and actually enjoy access to the coast?

1731
02:38:18,620 --> 02:38:30,500
And also unlike many cities where, you know, the coastal zone basically goes what 600 feet in from, you know, the, the, the ocean, we've got the whole city here.

1732
02:38:30,920 --> 02:38:39,460
So I mean, you're, this, these provisions are limiting, you know, ADUs out on El Toro Road.

1733
02:38:41,640 --> 02:38:42,780
Well, maybe that one.

1734
02:38:42,780 --> 02:38:43,760
Can I ask a question?

1735
02:38:44,740 --> 02:38:53,660
So, and I understand your comment, Bob regarding philosophically, you know, doesn't the Coastal Commission want, you know, more access to the beach.

1736
02:38:54,280 --> 02:39:03,760
But are these revisions because they're tied to our general plan in our CDP?

1737
02:39:05,280 --> 02:39:06,400
Is that why they're-

1738
02:39:06,400 --> 02:39:09,420
The two specific revisions that are being asked.

1739
02:39:09,420 --> 02:39:14,820
So when we have the conversation with Coastal and they're making these comments regarding

1740
02:39:16,000 --> 02:39:20,420
is it because they're looking at compliance with our...

1741
02:39:21,580 --> 02:39:29,160
I don't think so. I think that their concern is truly the legislation that was passed

1742
02:39:29,160 --> 02:39:33,660
by the California Legislature as to those two provisions and their...

1743
02:39:35,160 --> 02:39:40,220
The implementation of those in coastal cities and the effect of that on coastal resources, broadly.

1744
02:39:41,960 --> 02:39:50,000
Well, I mean, if that's the case, can we talk about these 80s blocking views of the coastal resources?

1745
02:39:50,780 --> 02:39:57,520
I mean, I don't get, I don't really get how you can pass along the coastal commissions, they while we don't like that you're not doing that.

1746
02:39:57,620 --> 02:39:59,640
I mean, what are cities supposed to do?

1747
02:39:59,640 --> 02:39:59,920
Thank you very much for watching, see you next time.

1748
02:40:00,000 --> 02:40:04,880
Let's follow the law, unless Coastal says, I don't know, it's very odd to me.

1749
02:40:05,440 --> 02:40:11,840
I agree with too, because to me it seems that you would rather have, even though we're having neighbors in single family

1750
02:40:11,840 --> 02:40:16,800
neighbors dealing with two story 80s that are blocking view and violating decades of precedent.

1751
02:40:17,240 --> 02:40:22,940
That's a lot more of an impact on Coastal Resource in terms of views, whereas multi, you know, in the multi family area.

1752
02:40:23,500 --> 02:40:28,400
Those are going to be more likely to be run it out to people who live there, and it's going to have less impact.

1753
02:40:28,400 --> 02:40:32,280
So it's like just interesting what the priorities are here.

1754
02:40:32,340 --> 02:40:44,980
I'm hopeful that the opportunity to talk to Coastal staff about the permanent ordinance will hopefully bring these two provisions back with the various rationale that you've provided tonight, which I think all are good arguments.

1755
02:40:46,920 --> 02:40:53,300
But for this immediacy of the urgency ordinance, this is sort of the position we were left in.

1756
02:40:56,450 --> 02:40:59,370
Any other questions for staff before we open up for public comment?

1757
02:41:00,930 --> 02:41:05,650
I think it's kind of lazy to legislate it to acquiesce the coastal commission.

1758
02:41:05,770 --> 02:41:06,670
Welcome to California.

1759
02:41:07,290 --> 02:41:11,130
No, I mean, in this can I mean, I think it is. I don't understand why.

1760
02:41:12,510 --> 02:41:13,290
You know, it's a strange thing.

1761
02:41:13,290 --> 02:41:16,530
Well, I think what would be better is if they could figure out actually how to deal with some of these issues.

1762
02:41:16,610 --> 02:41:16,830
Yeah.

1763
02:41:17,450 --> 02:41:22,890
Anyways, public, uh, we'll update for public comments at this time.

1764
02:41:23,170 --> 02:41:25,390
Anthony, did you have anything else to add?

1765
02:41:26,150 --> 02:41:29,990
I was going to walk the council through all the track change edits.

1766
02:41:29,990 --> 02:41:36,250
Let's do that after the public comment. Yeah, because the public comments could influence all of them

1767
02:41:36,250 --> 02:41:37,810
No, go ahead

1768
02:41:37,810 --> 02:41:43,690
Yeah, all right. I appreciate what you said at it. I like so it was great and I feel like this

1769
02:41:43,690 --> 02:41:45,550
Experiment that's what it is

1770
02:41:45,550 --> 02:41:53,010
Blacks balance coastal should be here. Why is there not a representative representing the environment representing California?

1771
02:41:53,550 --> 02:41:58,790
Why are you guys so eager to build? I want to be able to recognize Laguna when I'm old

1772
02:41:58,790 --> 02:42:00,690
Thank you.

1773
02:42:00,730 --> 02:42:01,690
Thank you.

1774
02:42:02,270 --> 02:42:03,090
Next speaker, please.

1775
02:42:08,770 --> 02:42:11,110
I like where this is headed.

1776
02:42:11,270 --> 02:42:14,650
I like the purpose of it, the spirit and intent of it.

1777
02:42:15,410 --> 02:42:18,590
It is going to require, as I understand it,

1778
02:42:18,890 --> 02:42:22,190
make it most CD user going to require CDPs,

1779
02:42:22,690 --> 02:42:25,410
which may burden design review,

1780
02:42:26,570 --> 02:42:27,870
as neighbors are noticed,

1781
02:42:27,870 --> 02:42:33,750
and that opens it up to public review.

1782
02:42:35,690 --> 02:42:43,510
What I handed out to you was just a minor clarifications and considerations for you.

1783
02:42:43,710 --> 02:42:44,550
Starts on page 11

1784
02:42:46,720 --> 02:42:54,540
and in B, it says that the junior ADU shall entirely be within the existing

1785
02:42:54,540 --> 02:42:59,280
or proposed single family dwelling and interpretation of that on a project I was working on.

1786
02:42:59,280 --> 02:43:08,100
And I don't do ADUs routinely, but I have two or three of them for prior clients.

1787
02:43:09,360 --> 02:43:15,780
And the comment was that the proposed single-family structure was considered only a new structure.

1788
02:43:15,920 --> 02:43:23,060
If you were doing a new house, and I'd like it to consider the ad proposed addition to

1789
02:43:23,060 --> 02:43:28,640
or new family single-family structure, meaning if you have an existing house and you want

1790
02:43:28,640 --> 02:43:34,680
add 1,000 square feet and under this 1,000 square feet you want to put in a junior ADU.

1791
02:43:35,520 --> 02:43:41,320
That's a part of the proposed single-family dwelling, whether it's an addition or it's

1792
02:43:41,320 --> 02:43:41,560
new.

1793
02:43:41,760 --> 02:43:43,600
So that's something you consider.

1794
02:43:49,780 --> 02:43:51,940
On page 18,

1795
02:43:54,020 --> 02:44:01,080
this is with regard to rent reporting and I agree that if you're going to do an ADU,

1796
02:44:01,080 --> 02:44:01,900
it should be a rentable.

1797
02:44:01,900 --> 02:44:09,200
I mean, that's how, in my mind, why this whole legislation is so poorly-renned, written, because

1798
02:44:09,200 --> 02:44:13,820
it does add units, but it doesn't necessarily make them rentable.

1799
02:44:14,240 --> 02:44:18,720
So we're going to have a lot of extra units, maybe just enlargements for family purposes,

1800
02:44:19,040 --> 02:44:20,340
but I don't know that speculation.

1801
02:44:21,120 --> 02:44:26,880
But it says rent reporting with the building permit application, the applicant must provide

1802
02:44:26,880 --> 02:44:30,040
the city with an estimate of the projected analyzed rent.

1803
02:44:30,740 --> 02:44:37,100
that will be charged for a day to you or a junior radio. And within 90 days, he has

1804
02:44:37,100 --> 02:44:42,320
to file a 90 days issue of affirmative. He has to file a report. Well, what if it's not

1805
02:44:42,320 --> 02:44:49,320
rented? So does he have to speculate what it might rent for? Or is it if it's not rentable

1806
02:44:49,320 --> 02:44:57,660
does he file a rent report? I don't think he should have to. Page 19, 80 use that are item

1807
02:44:57,660 --> 02:44:59,900
a 80-use that are subject to sub...

1808
02:45:00,000 --> 02:45:11,740
First section must conform to the 20-foot front setbacks. I'm interjecting, or that is required in the zone. All zones are in the 20-foot, all zones are not a 20-foot setback.

1809
02:45:12,540 --> 02:45:15,540
There are all that questions. Can you answer two? It could be a 10-foot setback.

1810
02:45:15,620 --> 02:45:20,260
I'm asking a question for you to finish the other ones, so you can keep going.

1811
02:45:20,260 --> 02:45:20,480
Okay,

1812
02:45:24,480 --> 02:45:26,060
more or something that one before you leave that one.

1813
02:45:26,240 --> 02:45:30,460
So 20 foot or what are you 20 foot on the typical front yard set

1814
02:45:30,460 --> 02:45:35,140
back for R1, but on on steep slopes, it can go to 10 feet and

1815
02:45:35,140 --> 02:45:37,690
in R2, the front set back is 10 feet.

1816
02:45:38,880 --> 02:45:39,960
Got it.

1817
02:45:39,960 --> 02:45:46,920
Page 20 item F, no, this is the issue of the line of sight that most people

1818
02:45:46,920 --> 02:45:49,160
have commented on.

1819
02:45:49,160 --> 02:45:57,980
I think you could maybe do F with an option from a neighbor, as a letter, that a cooperation,

1820
02:45:58,580 --> 02:46:05,740
because you're putting a burden on the ADU that's not a burden on any normal addition to somebody's house.

1821
02:46:06,240 --> 02:46:08,820
And what if the lot is only 30 feet wide?

1822
02:46:09,360 --> 02:46:15,400
And so you're talking about projects, adios that are 30 feet from the property line?

1823
02:46:15,400 --> 02:46:17,980
I think you could delete G entirely.

1824
02:46:22,030 --> 02:46:28,890
Page 21, it talks about that you must have two separate meters and two separate utility

1825
02:46:28,890 --> 02:46:29,510
connections.

1826
02:46:30,490 --> 02:46:34,770
I think there's no reason to have two separate unless the property was for sale.

1827
02:46:35,050 --> 02:46:37,630
The ADU was for sale, which we're not allowing.

1828
02:46:38,530 --> 02:46:43,270
So this should be able to go right to the same meter that is on the house.

1829
02:46:43,530 --> 02:46:44,670
What do you mean we're not allowing?

1830
02:46:44,670 --> 02:46:50,570
My understanding is that the 80's or not cannot be separated by

1831
02:46:50,570 --> 02:46:53,910
the redistriction and sold-off is individual units.

1832
02:46:54,630 --> 02:46:56,330
Yeah, you can't sell your 80's.

1833
02:46:56,330 --> 02:46:57,950
Well, up to the city's discretion.

1834
02:46:58,910 --> 02:46:59,930
We don't do that.

1835
02:47:02,630 --> 02:47:07,350
Well, that's a whole different discussion because it will involve CC&Rs.

1836
02:47:08,010 --> 02:47:11,170
I mean, it's like condensation, condomizing.

1837
02:47:11,930 --> 02:47:14,650
Yeah, we don't allow, we don't allow sales of 80's.

1838
02:47:15,910 --> 02:47:23,090
22, page 22 at the top, I just, the connection is subject to a connection, the connection

1839
02:47:23,090 --> 02:47:27,790
is subject to a connection fee or a capacity charge that is proportional to the burden

1840
02:47:27,790 --> 02:47:32,530
created by the ADU based on either the flora area or the number of drainage fixture units

1841
02:47:32,530 --> 02:47:39,010
for the plumbing code and the fee would be determined by the direct for a planning.

1842
02:47:39,890 --> 02:47:44,330
I think this is way open-ended, it's too complicated and it's too much of a burden on

1843
02:47:44,330 --> 02:47:51,690
planning director. I think you should delete it. Either deleted or put a specific charge on it that's

1844
02:47:51,690 --> 02:47:54,490
understandable. I think that's it.

1845
02:47:58,440 --> 02:48:00,900
Thank you. Thank you, Morris. Very helpful.

1846
02:48:03,250 --> 02:48:04,610
Any other public

1847
02:48:04,610 --> 02:48:10,830
comments on this this item? I guess this is a public hearing, right? So I opened up a public hearing

1848
02:48:12,500 --> 02:48:18,640
seen on. I'm going to close the public, I'm going to close public comments, bring this back to the

1849
02:48:18,640 --> 02:48:24,380
Council, do you want to we walk through the Council how do we should we go through what the

1850
02:48:24,380 --> 02:48:28,280
comments that were just raised and then was the Anthony going to give us the right answer

1851
02:48:28,280 --> 02:48:31,220
did you want to give your red lines

1852
02:48:49,070 --> 02:48:55,510
on the screen here are the track changes edits to the

1853
02:48:55,510 --> 02:49:03,870
allowances for detached ADUs on multi-family lots which would keep that allowance to to detached

1854
02:49:03,870 --> 02:49:11,450
units as of January 1st, state law otherwise allows for up to 8 or the number of existing

1855
02:49:11,450 --> 02:49:14,230
primary dwelling units, whichever happens to be less.

1856
02:49:26,740 --> 02:49:29,840
These changes reflect the track change

1857
02:49:29,840 --> 02:49:35,040
added that were shown as part of the staff presentation related to the objective standards

1858
02:49:35,040 --> 02:49:44,820
for privacy between neighbors and ADU windows. So that would include the repeal of subsection

1859
02:49:44,820 --> 02:49:54,500
G and a modification to subsection F, which again would limit the application of that provision

1860
02:49:54,500 --> 02:49:57,580
to the upper floors of an EDU.

1861
02:49:58,000 --> 02:49:59,740
Question on this one to Morse's point.

1862
02:50:00,000 --> 02:50:13,000
Could we have another clause that said that if you have a letter from a neighbor, your exempt from this requirement or with that be a subjective criteria that would be just a lot by state law?

1863
02:50:14,120 --> 02:50:23,590
That's a great question. So we cannot have subjective criteria as an yes or no.

1864
02:50:24,090 --> 02:50:27,570
Because we're not making them do that. This is the objective criteria.

1865
02:50:27,570 --> 02:50:32,010
that you're getting relief from that objective criteria if you have a letter from a neighbor who's impacted.

1866
02:50:33,690 --> 02:50:38,210
I think so long as the letter, it's just a yes or no sort of letter, right?

1867
02:50:38,330 --> 02:50:41,530
It can't have additional conditions or anything along those lines.

1868
02:50:41,750 --> 02:50:45,130
I think as long as it just says yes, you can wave it.

1869
02:50:46,910 --> 02:50:50,410
But then what would it be waved to?

1870
02:50:50,410 --> 02:50:58,850
that you could have a window go through, have a direct line of sight if the adjoining

1871
02:50:58,850 --> 02:51:01,850
a residential property on her since the letter approving of it.

1872
02:51:02,590 --> 02:51:05,170
I think that would be fine as an objective standard.

1873
02:51:06,410 --> 02:51:09,370
But what happens when the property changes hands?

1874
02:51:10,050 --> 02:51:10,730
Either property.

1875
02:51:11,850 --> 02:51:17,350
Well, that's you'd be buying a property that has this and that would impact the value.

1876
02:51:22,280 --> 02:51:32,720
But I think that that makes sense to me that what what's the so I'm wondering what's the rationale for limiting this to the upper floor or more than 16 feet

1877
02:51:33,560 --> 02:51:37,200
Why would you want a direct line of sight from the bottom floor?

1878
02:51:38,200 --> 02:51:46,200
Shouldn't the second sentence just shouldn't it just be no direct line of sight unless you've got fencing landscaping privacy glass or clear store design?

1879
02:51:46,200 --> 02:51:48,580
That is at the Council's discretion.

1880
02:51:48,720 --> 02:51:56,540
We were trying to focus the code language to the situation that we believe is most likely

1881
02:51:56,540 --> 02:52:02,740
to create a significant privacy impact between the neighbors, which is typically an upper floor

1882
02:52:02,740 --> 02:52:09,740
level that may be looking into windows in an adjoining residential property or into the backyard

1883
02:52:09,740 --> 02:52:11,860
of a residential property.

1884
02:52:13,120 --> 02:52:20,260
I make sense, I'm sure that that's more invasive, but you could certainly, we've had cases

1885
02:52:20,260 --> 02:52:28,080
here before us, where we've had first floor direct, where we ended up changing the windows.

1886
02:52:28,940 --> 02:52:36,040
So that's true, I would do it, I would just leave, I would take out the 16-foot and just

1887
02:52:36,040 --> 02:52:38,900
have them solve it with fencing landscaping or privacy class.

1888
02:52:48,140 --> 02:52:51,880
Next, we have the legalization pathways,

1889
02:52:52,240 --> 02:52:54,300
which are also summarized in the presentation.

1890
02:52:55,820 --> 02:52:59,140
The construction cut-off date with this change

1891
02:52:59,140 --> 02:53:03,220
would change from 2020 to 2018,

1892
02:53:04,100 --> 02:53:06,240
and it would not include an allowance

1893
02:53:07,760 --> 02:53:10,120
to wave certain building code requirements.

1894
02:53:10,880 --> 02:53:12,760
In the case of a JAD,

1895
02:53:12,860 --> 02:53:14,320
we would only apply to ADUs.

1896
02:53:19,320 --> 02:53:22,280
We had a lot of JADUs that want to be legalized.

1897
02:53:23,400 --> 02:53:32,260
Not that staff is aware. Typically, because at JADU, you can also be reviewed as a converted

1898
02:53:32,260 --> 02:53:38,500
ADU. Most properties can have one converted ADU, in the case of a context of a single

1899
02:53:38,500 --> 02:53:44,380
family project. And all likelihood they can instead classify that unpermated unit as a converted

1900
02:53:44,380 --> 02:53:48,500
and still invoke this code provision.

1901
02:53:58,640 --> 02:54:02,820
The Council could consider striking the provisions related to

1902
02:54:02,820 --> 02:54:06,380
pedestrian access and vehicular access if it's so wishes.

1903
02:54:08,700 --> 02:54:13,980
We had feedback on that or recommendations that we do that.

1904
02:54:15,160 --> 02:54:18,240
There have been no public comments on that item.

1905
02:54:18,800 --> 02:54:21,640
Yeah. In particular, the pedestrian access, the fire fire

1906
02:54:21,640 --> 02:54:24,920
access, I mean, like, I think we should have that in there.

1907
02:54:25,160 --> 02:54:29,340
It's already a part of the file of the fire code, though, right?

1908
02:54:29,640 --> 02:54:30,440
Chris, correct.

1909
02:54:30,520 --> 02:54:34,080
That's where they come from, correct, is there a building code,

1910
02:54:34,080 --> 02:54:39,720
standard, or a fire code, I can't recall, but they are required in order.

1911
02:54:39,900 --> 02:54:46,500
And this makes it more clear to both staff and the ADU applicant and the ADU neighbor

1912
02:54:46,500 --> 02:54:49,000
that this is a requirement of an ADU.

1913
02:54:50,060 --> 02:54:59,780
So that there in this came up in the last discussion of this item, so that's why I think it's being discussed now, but in all of instance.

1914
02:55:00,000 --> 02:55:05,580
Or required, but it certainly will help with compliance to state it here.

1915
02:55:05,820 --> 02:55:05,900
Okay.

1916
02:55:08,460 --> 02:55:16,660
And also the vehicular access provision exists in the city's certified 80 ordinance.

1917
02:55:16,680 --> 02:55:20,420
That was implemented in 2023 in substantial part.

1918
02:55:25,260 --> 02:55:30,200
And that takes us through the strike through changes to the urgency ordinance.

1919
02:55:30,200 --> 02:55:35,400
If the council does adopt a modified urgency ordinance,

1920
02:55:36,620 --> 02:55:41,520
we would also make a few small changes to the 10 day report.

1921
02:56:09,010 --> 02:56:12,830
And so with respect to the actions that the city has taken

1922
02:56:12,830 --> 02:56:16,670
to alleviate the conditions that first lead to the adoption

1923
02:56:16,670 --> 02:56:21,830
of this interim ordinance under number one here,

1924
02:56:21,830 --> 02:56:29,970
This would reflect that the City Council desires to make modifications to the non-urgency

1925
02:56:29,970 --> 02:56:35,290
ordinance and is directing staff to reintroduce some modified ordinance for our first

1926
02:56:35,290 --> 02:56:40,790
reading at the next available meeting of the City Council subject to adequate public

1927
02:56:40,790 --> 02:56:42,530
notice in accordance with law

1928
02:56:44,580 --> 02:56:48,640
and number two would also acknowledge the meeting that

1929
02:56:48,640 --> 02:56:56,750
staff had with the coastal staff this afternoon got any any questions it seems like

1930
02:56:56,750 --> 02:56:59,810
there's because like for example Morris raised some good points that could

1931
02:56:59,810 --> 02:57:02,870
be contemplated as we do the next first reading but we don't necessarily

1932
02:57:02,870 --> 02:57:06,480
into incorporate those into the urgency ordinance it seems as the simplest and

1933
02:57:07,310 --> 02:57:12,130
approach is for us to approve the what was Coastal Commission's recommended

1934
02:57:12,130 --> 02:57:15,470
it seems like we have no other choice for the urgency ordinance and then staff's

1935
02:57:15,470 --> 02:57:19,370
come back with a first rating that incorporates this discussion.

1936
02:57:19,550 --> 02:57:25,490
Correct. That's the council's desire. We could come back and we'd like your thoughts on Morris's

1937
02:57:25,490 --> 02:57:32,530
comments to have staff some direction for preparing that. If I think that there was certainly

1938
02:57:32,530 --> 02:57:38,010
where there was feedback on the windows and so if you'd like to include that in your urgency ordinance,

1939
02:57:38,490 --> 02:57:43,790
that particular item, because of the feedback we heard from the design community,

1940
02:57:43,790 --> 02:57:47,790
that may be a hybrid approach for tonight.

1941
02:57:48,270 --> 02:57:49,790
But that was a part of the red line change.

1942
02:57:50,510 --> 02:57:52,810
Anthony has that in there already.

1943
02:57:53,190 --> 02:57:56,810
Although Councilmember Whalen noted he probably has proposed modifications.

1944
02:57:58,550 --> 02:57:58,710
Okay.

1945
02:57:59,090 --> 02:58:04,610
And I would also like to add a recital to be very clear about changes to the urgency ordinance.

1946
02:58:05,730 --> 02:58:09,270
So first are there any questions of staff before we bring back to the council?

1947
02:58:09,890 --> 02:58:12,670
No, so I'll close the public hearing on both items.

1948
02:58:12,670 --> 02:58:17,870
Megan? Okay. And then, um, does that, uh,

1949
02:58:18,190 --> 02:58:20,110
to say when I want to provide comments or, uh,

1950
02:58:20,210 --> 02:58:22,910
a recommendation if how we proceed. Just a question on

1951
02:58:22,910 --> 02:58:26,970
procedurally how we proceed because, you know, I, I think we should go through and

1952
02:58:26,970 --> 02:58:30,890
give feedback on Morris's comments, right? But if they're not included in the

1953
02:58:30,890 --> 02:58:35,890
urgency, then the urgency could be in effect for 22 months, right?

1954
02:58:36,070 --> 02:58:38,470
I mean, because, because we'll come back with a first rating

1955
02:58:38,470 --> 02:59:00,710
Secondary Democratic Coastal, that ordinance won't become effective until Coastal sends it back to us, probably with changes, and then we have to re-adopt, and so I think anything that my guess my point is anything that Morris is raised tonight that I think is substantive, we should address in the urgency, unless you think that's going to get us sideways with the Coastal Commission.

1956
02:59:00,710 --> 02:59:07,190
there. With would we have to have the Coastal Commission we look at if we make any of these changes?

1957
02:59:07,530 --> 02:59:14,630
Potentially that might rip. Yeah, open the door to them again. I think one possibility would

1958
02:59:16,790 --> 02:59:24,090
would be to consider making an amendment to the urgency ordinance at a future meeting.

1959
02:59:25,590 --> 02:59:30,270
And so we adopt this. I do recommend we adopt it tonight, just because the timing is at all expire.

1960
02:59:31,450 --> 02:59:39,610
And make the so that coastal doesn't isn't inclined to ask us to further rescind our urgency ordinance.

1961
02:59:39,930 --> 02:59:48,350
And then we can talk to coastal. I think that is an important step here is to say what other changes we may make to our interim ordinance.

1962
02:59:49,250 --> 02:59:51,070
And just to make sure that they don't have objection.

1963
02:59:52,630 --> 02:59:56,790
And then we'll bring back an amendment to the urgency ordinance with first reading.

1964
02:59:57,290 --> 02:59:58,590
That sounds like a good plan to me.

1965
03:00:00,000 --> 03:00:08,980
So then we wouldn't do the window tonight thing. We'd just leave it, but give direction on it for the first reading.

1966
03:00:09,340 --> 03:00:13,340
Right. Yeah. Oh, give direction on for the first reading and amendment to the urge to ordinate.

1967
03:00:13,660 --> 03:00:28,720
I think the reason that the window came up is that it's sort of a critical design feature that is affecting applications today, which is why it was raised in this discussion.

1968
03:00:28,720 --> 03:00:35,560
But it's ultimately up to the council if you, how you'd like to proceed if you want a way and we bring that back as well

1969
03:00:35,560 --> 03:00:43,560
The ordinance that would be an effect for applications that are received as of now then would be the urgency ordinance adopted tonight. So

1970
03:00:43,560 --> 03:00:46,800
We'd have some bearing rules for a little bit

1971
03:00:49,040 --> 03:00:54,160
But if we were to adopt staff suggestions to the window sections specifically

1972
03:00:54,160 --> 03:00:59,400
than that would provide at least a little bit more consistency with the rules.

1973
03:00:59,860 --> 03:01:05,720
Yes, I think so, and possibly Councilmember Weeland's modifications are not right.

1974
03:01:06,920 --> 03:01:13,000
So I think if we look at staff's recommended changes,

1975
03:01:14,800 --> 03:01:20,040
and any, I think looking at staff's recommended changes to the urgency ordinance,

1976
03:01:21,000 --> 03:01:26,040
taking a little bit of time to review the other suggestions that have come through and then we can

1977
03:01:27,500 --> 03:01:33,760
modify or we can amend the urgency ordinance at a very soon.

1978
03:01:34,580 --> 03:01:39,920
Yeah, I think, yes, that's a good summary. When we come back with the first reading,

1979
03:01:40,100 --> 03:01:45,040
I think that as soon as we can, I think we have to have another meeting with coastal in there.

1980
03:01:45,040 --> 03:01:52,380
But then we would bring back whatever coasts those willing to allow us to put into our urgency ordinance for the amendment.

1981
03:01:56,740 --> 03:02:05,880
Okay, so it sounds like we're so are we all okay with what Anthony put up as it relates to the urgency ordinance for now.

1982
03:02:06,080 --> 03:02:12,920
Yeah, I would just renew my request that we take out the 16 foot and just make the direct line site.

1983
03:02:12,920 --> 03:02:20,250
you solve it with fencing and landscaping or so I'd be supportive of that as well.

1984
03:02:20,410 --> 03:02:21,250
Can I add a recital?

1985
03:02:22,190 --> 03:02:27,990
So I would propose this to me the second to last recital in the urgency ordinance and it would say,

1986
03:02:28,590 --> 03:02:33,590
whereas city staff met with coastal commission staff on January 14, 2025,

1987
03:02:33,870 --> 03:02:38,410
regarding the provisions of emergency ordinance number 1707,

1988
03:02:39,350 --> 03:02:44,150
at which meeting the coastal commission notified the city that certain changes in the urgency ordinance.

1989
03:02:44,150 --> 03:02:51,630
resulting from AB 2533 and SB 1211 are not authorized to be made BN into remordinance without

1990
03:02:51,630 --> 03:02:58,750
coastal commission certification and therefore some of the modifications from AB 2533 and SB 1211

1991
03:02:58,750 --> 03:03:04,010
have been removed in this urgency ordinance but will remain in the regular ordinance proposed for

1992
03:03:04,010 --> 03:03:12,140
coastal certification that work. So do somebody want to make a motion incorporating that recital with

1993
03:03:12,140 --> 03:03:20,520
with Anthony had for the urgency ordinance on the screen and then bobs that change as it relates to

1994
03:03:20,520 --> 03:03:25,220
Line of sight for both first-hand second floor or I'll make that motion before you do that

1995
03:03:25,220 --> 03:03:33,740
What happened to the vehicular or in the pedestrian access does that staying in so it's not being struck out. Let's keep that

1996
03:03:33,740 --> 03:03:41,540
Keep it right. That comes in. It's not a strike. Okay, so I'll amend my motion to incorporate keeping in those two provisions related to

1997
03:03:41,540 --> 03:03:47,780
The fire code was there anything else a Anthony or David that you had a question about before they vote

1998
03:03:47,780 --> 03:03:48,760
No, okay

1999
03:03:48,760 --> 03:03:50,120
What about Morris is comments?

2000
03:03:50,340 --> 03:03:55,200
We're going to get to that about we'll get to that next for the first reading and then

2001
03:03:55,720 --> 03:03:58,820
So I made a motion somebody wanted a second to motion

2002
03:03:58,820 --> 03:04:00,840
Also, and then do we need to for

2003
03:04:01,400 --> 03:04:04,700
Before we vote we need a reading of the urgency ordinance

2004
03:04:06,480 --> 03:04:08,540
And Maria, what do we?

2005
03:04:09,280 --> 03:04:15,420
No, not a first training. Can we go and read it though, just for belts and

2006
03:04:15,420 --> 03:04:18,920
suspenders since this thing's so muddy. Okay,

2007
03:04:22,600 --> 03:04:24,300
let me find the title of it.

2008
03:04:26,760 --> 03:04:29,820
Okay, and the interim ordinance of the City Council of the City of

2009
03:04:29,820 --> 03:04:34,160
Laguna Beach, extending urgency ordinance number 17 of seven and

2010
03:04:34,160 --> 03:04:38,160
mending its zoning code and local coast of Povera and by repealing and

2011
03:04:38,160 --> 03:04:43,560
replacing chapter 25.17 of the City of Laguna Beach Municipal Code,

2012
03:04:43,560 --> 03:04:49,500
regarding accessory dwelling units and junior accessory dwelling units to comply with recent

2013
03:04:49,500 --> 03:04:55,340
changes in state law and finding the action to be statutory or exempt from the California

2014
03:04:55,340 --> 03:04:59,720
environmental quality act under section 2108 0.

2015
03:05:00,000 --> 03:05:03,240
1, 7 of the public resources code.

2016
03:05:04,760 --> 03:05:08,040
Okay, so I made the motion 2, seconded it all in favor.

2017
03:05:08,860 --> 03:05:09,020
Bye.

2018
03:05:09,980 --> 03:05:10,720
5, 0.

2019
03:05:11,120 --> 03:05:16,920
And then now we're going to give direction to staff to come back with a first reading and then an amended

2020
03:05:16,920 --> 03:05:18,860
urgency ordinance on.

2021
03:05:19,580 --> 03:05:24,560
So I can just go through the list that I have of different items that we have to address.

2022
03:05:24,560 --> 03:05:25,920
on page 11,

2023
03:05:29,960 --> 03:05:39,840
Morris raised the question of the JADUs and in section 5 subsection B, it talked about

2024
03:05:39,840 --> 03:05:45,680
adding in addition to our new, is that consistent with state law managers or...

2025
03:05:45,680 --> 03:05:50,460
Yeah, I was going to mention, I think if I can get your feedback on these, I'm going to have to

2026
03:05:50,460 --> 03:05:57,140
cross check the state law to see which one, if any of them run a foul of the state law, and if they

2027
03:05:57,140 --> 03:06:01,140
don't in your direction is implement and we'll bring it back and if there's a problem

2028
03:06:01,140 --> 03:06:05,600
with state law then we won't make those changes but we'll explain that in the staff report.

2029
03:06:05,900 --> 03:06:11,340
Got it. So I'm supportive of what Morris recommended there assuming that it complies with state law.

2030
03:06:11,820 --> 03:06:17,440
Yeah, I am too. Mayor, I think there's one back on the bottom of ten suggested

2031
03:06:17,440 --> 03:06:23,270
the Minimum's development definition. Oh, okay. That's fine. That's fine.

2032
03:06:32,800 --> 03:06:33,300
We're all

2033
03:06:33,300 --> 03:06:34,040
rent.

2034
03:06:37,500 --> 03:06:42,800
Does this help if the ADU is rented at a lower income level does that help us for a

2035
03:06:42,800 --> 03:06:46,400
arena numbers? Does it just help for the one year that it's rentics is not de-districted?

2036
03:06:51,120 --> 03:06:55,560
Yes. Yes. Because to me that what's the point of making people do that if it's not going to

2037
03:06:56,720 --> 03:07:00,100
actually help us with a arena numbers, it seems like it's just an extra layer of bureaucracy.

2038
03:07:01,520 --> 03:07:07,180
Well I think it does temporarily help us with a arena, but not on all it doesn't necessarily on a long-term

2039
03:07:07,180 --> 03:07:16,500
I also have talked to a lot of people in community who are questioning what ADUs are contributing

2040
03:07:16,500 --> 03:07:22,560
to housing in this community. So I do think that that data is helpful. Yeah, it's helpful.

2041
03:07:22,740 --> 03:07:30,160
Yeah, okay. Well, can you explain your comment, Megan? Well, it's really the mayor's comment,

2042
03:07:30,160 --> 03:07:39,620
But if 80's are not de-restricted for low-income housing purposes, we can't count them

2043
03:07:39,620 --> 03:07:45,040
towards our renaallocation on a long-term basis, but on a short-term basis if there was

2044
03:07:45,040 --> 03:07:50,060
a determination on an annual basis that it qualified as low-income without a de-restriction,

2045
03:07:50,220 --> 03:07:52,940
we could in theory count it temporarily,

2046
03:07:55,580 --> 03:07:57,780
but it's temporary.

2047
03:07:57,780 --> 03:08:06,100
But as long as the lease, it is, I think, to the mayor's point, it is a lot of back-end work in order to track that.

2048
03:08:06,960 --> 03:08:14,360
But to Council Member Jones's point, the data is helpful to the community in terms of how this is benefiting the community.

2049
03:08:14,640 --> 03:08:24,780
So what if we just do every year we do an annual letter to everyone and then you have to, you respond to it at that point as opposed to this, you know, having, I think that'd be easier than what this is where.

2050
03:08:25,280 --> 03:08:31,200
Staff's going to have to track and email and mail send a mail something in the mail in the 90 days after

2051
03:08:31,700 --> 03:08:35,260
Is that an easier approach that achieves the call that counts from your Jones is talking about

2052
03:08:38,220 --> 03:08:40,160
Okay, so I'd be supportive of that

2053
03:08:40,900 --> 03:08:43,460
But tomorrow's this basic point is

2054
03:08:43,460 --> 03:08:50,040
You can't compel somebody to rent their 80. Right, so I mean the the way this is drafted that sort of implies

2055
03:08:50,040 --> 03:08:56,060
You must provide the city with an estimate of the project. The annualized rent that will be charged. I suppose you can just say zero

2056
03:08:56,060 --> 03:09:07,420
Right, but I mean maybe we can clean this language up to make it clear that, you know, if you're renting your ADU, you have to do this.

2057
03:09:07,720 --> 03:09:09,640
And we encourage you to rent your ADU.

2058
03:09:14,600 --> 03:09:16,540
Okay, do you have a direction there?

2059
03:09:18,260 --> 03:09:27,960
And then page 19, or what the 20 foot setback or what is required in the zone, I'm supportive of the recommendation, the change, everyone else in the same page.

2060
03:09:34,650 --> 03:09:39,470
20, the letter to the neighbor. I'd be supportive of looking into that

2061
03:09:40,650 --> 03:09:45,570
Whether that because you had concerns making about whether it's objective. Yeah, I sort of got there

2062
03:09:45,570 --> 03:09:51,390
But I think it is objective if it's but we'll have to order it in the right way to make it clear that it

2063
03:09:51,810 --> 03:09:54,290
It can't come with conditions or anything and

2064
03:09:56,370 --> 03:09:59,750
It's an upper down and we'll have to think to

2065
03:10:00,000 --> 03:10:08,820
Council Member Jones's point about the effect. Yeah, I'll make sure that it's good with a law.

2066
03:10:10,790 --> 03:10:28,070
Any other comments on that? Page 21 about the required two meters when it's not for sale? What's the kind of basis for that? Anthony?

2067
03:10:28,070 --> 03:10:28,950
It's

2068
03:10:31,760 --> 03:10:32,760
a great question, Mayor.

2069
03:10:33,080 --> 03:10:38,020
It's not so much a, it's really constructed building and construction, so I don't know

2070
03:10:38,020 --> 03:10:44,860
that I have an answer for you this evening, but as part of our follow-up to Morris's recommendations

2071
03:10:44,860 --> 03:10:47,900
this evening, we can report back to the Council on that.

2072
03:10:48,060 --> 03:10:48,520
That was good.

2073
03:10:48,760 --> 03:10:55,520
And then, page 22, I think that would be the connection fee that would be based on the

2074
03:10:55,520 --> 03:10:58,020
the fee mitigation act, right?

2075
03:10:58,060 --> 03:10:59,980
So that would be covered by other laws that

2076
03:10:59,980 --> 03:11:02,580
regulate how much you can charge as a capacity fee.

2077
03:11:02,580 --> 03:11:04,460
So I think that's fine as it is.

2078
03:11:04,720 --> 03:11:06,980
This is a convoluted description.

2079
03:11:15,380 --> 03:11:17,240
These are good upgrades, Morris.

2080
03:11:23,300 --> 03:11:24,200
OK, any other?

2081
03:11:24,320 --> 03:11:27,980
I'm just looking at 22 turn understand it.

2082
03:11:32,150 --> 03:11:33,710
See you got in the prior page, 21.

2083
03:11:33,910 --> 03:11:38,370
You've got ABC to ABC, and then it goes to, oh, I see.

2084
03:11:38,510 --> 03:11:40,870
Is this a subpart of C1 and 2?

2085
03:11:40,870 --> 03:11:41,230
Yeah.

2086
03:11:48,560 --> 03:11:53,360
Megan, do you know what was behind on the separate meter?

2087
03:11:54,600 --> 03:11:58,060
What do you think was behind their request for that?

2088
03:12:00,900 --> 03:12:01,740
I don't know.

2089
03:12:02,880 --> 03:12:03,800
I don't.

2090
03:12:03,820 --> 03:12:06,780
I'm trying to, I don't think it's in state law

2091
03:12:06,780 --> 03:12:07,620
than that required.

2092
03:12:07,640 --> 03:12:08,160
Oh, it's not.

2093
03:12:08,220 --> 03:12:09,480
I don't think so.

2094
03:12:09,860 --> 03:12:11,760
But I'm hesitant to say that right now

2095
03:12:11,760 --> 03:12:13,780
as they have three different laws

2096
03:12:13,780 --> 03:12:15,860
like flying through my head, trying to figure out

2097
03:12:15,860 --> 03:12:16,400
which is which.

2098
03:12:16,400 --> 03:12:18,940
but it

2099
03:12:22,110 --> 03:12:24,670
could have been a result of the law.

2100
03:12:24,970 --> 03:12:26,470
Well, maybe it was a change to the law

2101
03:12:27,710 --> 03:12:31,110
when the 80-year-old changed one or two years ago

2102
03:12:31,110 --> 03:12:34,370
to allow for the possibility of separate commands as previously.

2103
03:12:34,490 --> 03:12:37,090
And I wonder if that, when that change occurred,

2104
03:12:38,450 --> 03:12:40,770
the separate meter came into play.

2105
03:12:41,110 --> 03:12:42,590
So we'll have to look at that.

2106
03:12:42,790 --> 03:12:45,430
It wouldn't send to by someone to rent it, right?

2107
03:12:45,430 --> 03:12:46,230
It would.

2108
03:12:46,430 --> 03:12:47,250
Also, yeah.

2109
03:12:48,150 --> 03:12:55,290
Okay, so do we have a clear direction for staff on the first reading of the ordinance and the amended urgency ordinance?

2110
03:12:55,490 --> 03:12:58,350
So we adopted the amended urgency ordinance.

2111
03:12:58,670 --> 03:13:00,150
And then those are going forward.

2112
03:13:00,910 --> 03:13:03,150
Then the new amended urgency ordinance.

2113
03:13:03,350 --> 03:13:10,090
We will come back with whatever changes we can make under state law for an amended urgency ordinance in a first reading.

2114
03:13:10,210 --> 03:13:11,150
So you have clear direction.

2115
03:13:11,310 --> 03:13:11,970
Clear direction.

2116
03:13:12,130 --> 03:13:14,130
Do we need a motion on that or can.

2117
03:13:14,830 --> 03:13:15,750
I think it's direction.

2118
03:13:15,750 --> 03:13:29,670
Yeah. Actually, can I have a motion based on the comments received? I think since we're not actually taking a second reading tonight, I'd like a motion to come back with a new first reading, just based on the direction to staff.

2119
03:13:32,100 --> 03:13:44,300
So I had moved that staff come back with an amendment to the urgency ordinance and a new permanent ordinance for first reading and incorporating the discussion we just had on comments.

2120
03:13:44,880 --> 03:13:46,300
I'll second that.

2121
03:13:46,840 --> 03:13:47,160
All in.

2122
03:13:47,180 --> 03:13:49,420
We have to include Megan's recital.

2123
03:13:49,900 --> 03:13:51,160
We have to add that.

2124
03:13:51,160 --> 03:13:52,160
On the urgency.

2125
03:13:52,520 --> 03:13:53,100
On the first.

2126
03:13:53,340 --> 03:13:54,580
Didn't we include that?

2127
03:13:54,660 --> 03:13:55,120
We could do that.

2128
03:13:55,140 --> 03:13:55,540
On the urgency.

2129
03:13:56,040 --> 03:13:56,200
Okay.

2130
03:13:56,400 --> 03:13:57,860
Thank you.

2131
03:13:58,640 --> 03:13:58,900
Great.

2132
03:13:58,900 --> 03:13:59,700
All in favor.

2133
03:14:00,200 --> 03:14:00,480
All right.

2134
03:14:01,180 --> 03:14:03,180
Before we put this totally the bad new voter.

2135
03:14:03,380 --> 03:14:03,960
Which is fine.

2136
03:14:04,080 --> 03:14:04,920
I just want to make sure.

2137
03:14:05,200 --> 03:14:05,440
Public.

2138
03:14:05,860 --> 03:14:08,020
Me and Megan and David and Anthony.

2139
03:14:08,340 --> 03:14:10,160
That we can tell the design community.

2140
03:14:10,580 --> 03:14:12,280
What is process when?

2141
03:14:12,280 --> 03:14:22,600
And maybe we're just kind of thinking out loud on this one, but we've got like 24 applications that came in before December 10th and those are going to be processed under the old rules.

2142
03:14:23,340 --> 03:14:28,280
Then we have five at least five that came in after we have more than five now.

2143
03:14:29,540 --> 03:14:30,060
Sorry Patrons.

2144
03:14:30,680 --> 03:14:31,120
Okay.

2145
03:14:31,400 --> 03:14:32,120
Sorry I don't have current.

2146
03:14:32,120 --> 03:14:32,720
Probably five.

2147
03:14:32,720 --> 03:14:39,040
we checked it was about five or subjective that have come in between 12, 10, and

2148
03:14:39,040 --> 03:14:44,600
tonight. So those will be processed under the urgency ordinance rules that

2149
03:14:45,860 --> 03:14:54,120
took effect December 10th. I would think that if it's, yeah, a good question.

2150
03:14:54,400 --> 03:14:59,440
But maybe we could offer them the choice. Yeah. Yeah. Those five applicants.

2151
03:15:00,140 --> 03:15:04,480
Do you want a process of under 12, 10 or 14?

2152
03:15:05,400 --> 03:15:09,160
Yeah, I would think that the applicants generally would want the benefit of that.

2153
03:15:09,380 --> 03:15:12,960
Window or the window change in particular.

2154
03:15:13,600 --> 03:15:15,140
So probably they'll say 114.

2155
03:15:16,320 --> 03:15:17,060
Yeah. Okay.

2156
03:15:17,980 --> 03:15:18,340
All right.

2157
03:15:19,120 --> 03:15:20,340
And then we'll get into the choice.

2158
03:15:20,700 --> 03:15:24,880
Hopefully we'll approve all those, but by the time the new ordinances, it'll be back.

2159
03:15:25,160 --> 03:15:25,440
Okay.

2160
03:15:25,440 --> 03:15:29,940
So in other words, what we're saying is anything that was in before tonight is going to

2161
03:15:29,940 --> 03:15:31,840
get processed under the old rules.

2162
03:15:32,460 --> 03:15:34,880
It's sorry, there's two old rules now.

2163
03:15:35,800 --> 03:15:41,740
So the real old rules that applied before 1210, when we had about 24 of those, when we

2164
03:15:41,740 --> 03:15:47,920
last checked, those are processed under the 1210 and before rules, then there's at least

2165
03:15:47,920 --> 03:15:54,280
five that came in after 1210, December 10, and that we're saying that those people could

2166
03:15:54,280 --> 03:16:03,420
choose to go in the December 12 rules, or they could decide even though they submitted it,

2167
03:16:03,540 --> 03:16:08,660
they could apply under the today January 14 rules.

2168
03:16:08,800 --> 03:16:09,540
I think so.

2169
03:16:09,560 --> 03:16:14,360
I was just going to ask staff if we thought any of them really were triggered by the two changes that

2170
03:16:14,360 --> 03:16:21,240
coastal, or are they J80 use or multi-family, because maybe it's not an issue, in which case we can

2171
03:16:21,240 --> 03:16:25,440
to say the 1-14 rules are going to generally apply to give everyone the benefit of the windows.

2172
03:16:26,180 --> 03:16:27,480
I don't happen to now, 1-14.

2173
03:16:28,240 --> 03:16:28,480
Okay.

2174
03:16:28,640 --> 03:16:29,940
We'll provide an update.

2175
03:16:31,060 --> 03:16:35,000
But just for the design community, that's how we're going to approach this.

2176
03:16:35,040 --> 03:16:35,820
Clear as much.

2177
03:16:37,120 --> 03:16:37,280
Okay.

2178
03:16:37,480 --> 03:16:38,440
So we're going to get on this item.

2179
03:16:38,520 --> 03:16:39,140
I think so.

2180
03:16:39,540 --> 03:16:43,200
And we'll be at this probably next year as well when there's new laws that go into effect.

2181
03:16:44,580 --> 03:16:44,980
Okay.

2182
03:16:45,080 --> 03:16:51,870
So now we're going to move on to item 17, we'll get this one will be quick.

2183
03:16:51,870 --> 03:16:58,430
the organizations and committees represented by city council so why don't we so I'm

2184
03:16:58,430 --> 03:17:04,350
just going to are there any questions before I open up public comment. I'll open up public

2185
03:17:04,350 --> 03:17:12,470
comment on this item can we put put it on the screen for could be an answer is that possible if not

2186
03:17:12,470 --> 03:17:13,890
and we'll just wait for Councilmember Orgel.

2187
03:17:18,590 --> 03:17:19,710
Yeah, you want to do a break right now.

2188
03:17:24,760 --> 03:17:27,360
We'll do a break, a five minute break.

2189
03:23:48,050 --> 03:23:55,690
Item 17, very quickly. First, are there any public comments on organizations and committees represented by city council?

2190
03:23:56,090 --> 03:24:02,650
I don't see any public comments on that. So, we'll bring it back to council. So, what do you want me to just read through each one and then we can.

2191
03:24:03,870 --> 03:24:04,310
Yeah.

2192
03:24:07,060 --> 03:24:16,220
So, that one's good. Okay. So, for city council assignments, okay. Coastal Greenbelt Authority. Mark, you're the, you're the, you want to see there.

2193
03:24:16,220 --> 03:24:18,980
anyone want to take a look at the vacancy

2194
03:24:27,370 --> 03:24:30,810
so how it will be the the first

2195
03:24:30,810 --> 03:24:37,950
fake alternate festival coordinating committee mark that's that's where you are

2196
03:24:38,850 --> 03:24:48,170
join us day. HIV advisory committee. Sue you are the liaison. You're fine. Sue and I

2197
03:24:48,170 --> 03:24:53,830
event book policy community I'd like just to stay and that's okay I'm looking at an

2198
03:24:53,830 --> 03:24:58,950
art museum board Bob here the member you'd like to say mark your the alternate

2199
03:24:58,950 --> 03:24:59,930
like to stay okay

2200
03:25:02,040 --> 03:25:10,880
Liguna Beach seniors, that is Sue and me. I'm fine with what's in how to jump in if there's anything.

2201
03:25:12,080 --> 03:25:20,160
Okay. Liguna Canyon Foundation, that's Sue and then we have an open for the alternate.

2202
03:25:22,590 --> 03:25:32,030
Okay, do you want to be the alternate Sue? Okay, so how will we be the member and Sue for Liguna Canyon Foundation, Sue's going to be the alternate.

2203
03:25:32,030 --> 03:25:43,350
O.C. Vector Control District, Mark, no I think they need you there too, so Mark you'll stick

2204
03:25:43,350 --> 03:25:43,950
with Vector,

2205
03:25:49,700 --> 03:25:54,820
and then Orange County Library advisory committee, there's a vacancy there.

2206
03:25:54,960 --> 03:25:58,540
Before you move on, for the Vector, are we doing one year?

2207
03:25:58,800 --> 03:26:00,980
They always ask me if it's one year or two year.

2208
03:26:00,980 --> 03:26:03,980
One years fine. All right, unless you want to.

2209
03:26:12,780 --> 03:26:15,880
Orange kind of library advisory committee. There's a vacancy there.

2210
03:26:16,580 --> 03:26:19,360
You want to take that.

2211
03:26:19,360 --> 03:26:21,080
Bob, are you fine being the alternate still?

2212
03:26:21,100 --> 03:26:21,420
Yeah.

2213
03:26:22,660 --> 03:26:24,180
South are going to water and sewer committee.

2214
03:26:24,400 --> 03:26:25,260
That does sue in me.

2215
03:26:25,500 --> 03:26:27,160
I'm fine staying there.

2216
03:26:27,340 --> 03:26:28,000
Do you want to stay?

2217
03:26:28,340 --> 03:26:28,900
I know.

2218
03:26:31,840 --> 03:26:34,980
Soquah, Bob is the member you want to say, Bob?

2219
03:26:35,520 --> 03:26:36,200
Yes, sir.

2220
03:26:37,260 --> 03:26:40,100
And then Gavin is in Mark McWiz the alternate,

2221
03:26:40,760 --> 03:26:42,240
so that's good.

2222
03:26:42,920 --> 03:26:46,500
South Orange County watershed management area,

2223
03:26:47,100 --> 03:26:47,880
executive committee.

2224
03:26:49,020 --> 03:26:50,620
Sue, you're the member you want to do?

2225
03:26:50,680 --> 03:26:54,290
I think council members do that, Bob.

2226
03:26:56,340 --> 03:26:57,060
I mean, I think staff.

2227
03:26:57,740 --> 03:26:59,060
Well, why don't we do?

2228
03:26:59,060 --> 03:27:03,020
I mean, I'd be, you know, it may have some some relevance to the

2229
03:27:03,020 --> 03:27:06,360
estuary there and stuff for doing that and stuff for doing.

2230
03:27:06,840 --> 03:27:11,260
So I'll take that, but it's maybe, I don't know, who could be a point.

2231
03:27:11,420 --> 03:27:11,940
I could be that.

2232
03:27:12,120 --> 03:27:12,760
I'll be your alternate.

2233
03:27:12,920 --> 03:27:13,460
You'd be an alternate.

2234
03:27:13,480 --> 03:27:14,880
Yeah, I'll be your alternate for that.

2235
03:27:16,800 --> 03:27:24,170
And then okay, liaison appointments, arts commission to audit

2236
03:27:24,170 --> 03:27:26,770
investment advisory, sue, and then Bob is the alternate.

2237
03:27:28,530 --> 03:27:29,290
I'm just going to read them.

2238
03:27:29,290 --> 03:27:32,410
of interrupt me if somebody wants to jump in.

2239
03:27:32,670 --> 03:27:37,310
EDPC, Bob, and me as the alternate, you're good, Bob.

2240
03:27:37,310 --> 03:27:38,590
Yeah, I'd like to keep that.

2241
03:27:39,270 --> 03:27:40,930
Yeah, environmental sustainability,

2242
03:27:41,070 --> 03:27:43,010
how did you want to take that?

2243
03:27:43,410 --> 03:27:45,050
And then I can stay as the alternate.

2244
03:27:48,330 --> 03:27:51,970
Heritage Committee, Mark, you want to see there?

2245
03:27:52,470 --> 03:27:54,330
Housing and Human Services, Bob, you sort

2246
03:27:54,330 --> 03:27:56,210
of been the member there, and I've been the alternate.

2247
03:27:56,230 --> 03:27:57,090
Do you want to keep it that way?

2248
03:27:59,070 --> 03:28:01,510
Yeah, that's fine.

2249
03:28:02,250 --> 03:28:09,330
So Bob is the liaison, I'll put the alternate, PTCM find keeping that, unless someone else wants

2250
03:28:09,710 --> 03:28:13,190
to recreation and sue.

2251
03:28:13,230 --> 03:28:14,470
And then if you rest, raise your hand.

2252
03:28:14,790 --> 03:28:15,750
Mark, good.

2253
03:28:16,230 --> 03:28:25,990
Okay, so I will make a motion to adopt or to approve the way to second.

2254
03:28:25,990 --> 03:28:32,950
I don't think we got the housing committee right, Bob's the we're just flipping it around on the right

2255
03:28:32,950 --> 03:28:39,890
I don't think it was flipped on this one. Oh, yeah, sorry. Oh, all right real time, huh real time

2256
03:28:39,890 --> 03:28:44,510
So we'll in is the liaison and and run Aggie is the alternate.

2257
03:28:49,030 --> 03:28:52,820
Okay, so I will make I will move approval of the

2258
03:28:54,070 --> 03:28:58,630
Organizations and committees represented by the city council as reflected on the screen

2259
03:29:00,710 --> 03:29:02,330
Seconded by Bob Olenfever.

2260
03:29:02,330 --> 03:29:02,810
Hi.

2261
03:29:05,030 --> 03:29:08,550
So then now we're going to take because Halle is going to miss the last item.

2262
03:29:08,830 --> 03:29:10,150
So let her go home really quickly.

2263
03:29:10,770 --> 03:29:11,810
See if there's future.

2264
03:29:12,730 --> 03:29:16,790
Agenda is for future agenda items that any council members want to bring forward.

2265
03:29:17,050 --> 03:29:18,150
I think Bob you have on.

2266
03:29:18,570 --> 03:29:25,350
Yeah, although, you know, as I said earlier, I want to bring forth the motion to reactivate the wildfire safety.

2267
03:29:26,150 --> 03:29:30,110
mitigation in fire safety committee, but I'm talking with Dave, I guess we're going to do

2268
03:29:30,110 --> 03:29:35,630
ad hoc committees on January 31st, so we're going to appoint them. So can we just make it

2269
03:29:35,630 --> 03:29:37,630
part of that agenda? Okay.

2270
03:29:40,040 --> 03:29:43,320
And let's would you want to bring forward the current report at our

2271
03:29:43,320 --> 03:29:49,220
next council meeting, and then that could be sort of the basis of, and then, so we could have sort

2272
03:29:49,220 --> 03:29:53,280
of a problem. Why don't we just do that part now? Because I have some stuff I want to get on the list

2273
03:29:53,280 --> 03:29:54,760
Anyway, there's some things I'd like to do.

2274
03:29:54,860 --> 03:29:56,540
So you want to bring it to the next meeting?

2275
03:29:58,440 --> 03:29:59,880
Okay. And then you get employed in...

2276
03:30:00,000 --> 03:30:05,120
And then, back, and then appointments at the strategic plan, I mean, okay.

2277
03:30:05,240 --> 03:30:05,780
Does that make sense?

2278
03:30:06,100 --> 03:30:10,980
Yep, yep. Let's go. Your recommendation is to bring forward the 2019 fire mitigation plan

2279
03:30:10,980 --> 03:30:13,060
update it with an ad hoc. Is that right?

2280
03:30:13,280 --> 03:30:15,780
Right. Right. That I guess the ad hoc doesn't exist anymore.

2281
03:30:16,140 --> 03:30:20,960
So, our council to see what an ad hoc comprised of myself and council member camp

2282
03:30:21,780 --> 03:30:25,040
to update the wildfire mitigation of our safety plan.

2283
03:30:25,040 --> 03:30:26,680
Okay. I'm supportive.

2284
03:30:28,440 --> 03:30:51,260
Yeah, you know, and then I have an agenda item I'd like to bring forward. We got the report about the vacancy rate from the chamber and I think there's some soon. I've been talking about some low hanging through ideas that we could bring forward. So it could be a broadly described as streamlining the process for small business.

2285
03:30:55,420 --> 03:30:57,740
Anyone else supportive of that?

2286
03:30:57,740 --> 03:31:09,880
I see. Yeah, we are, but there's just some specific things. So, okay, good. So that's it.

2287
03:31:10,600 --> 03:31:16,740
How are you going to go? And do you want to be before we get to the next item? Do you want to indicate your your accusal?

2288
03:31:16,740 --> 03:31:17,900
I'm

2289
03:31:20,020 --> 03:31:21,680
going to help with the curriculum.

2290
03:31:23,200 --> 03:31:29,200
Councilmember Joseph's recruiting herself from the last item on the appeal, which is the

2291
03:31:29,200 --> 03:31:34,000
last substitute item on the agenda, because she received a disqualifying contribution

2292
03:31:34,000 --> 03:31:41,960
under the Libyan Act from an agent of a party to the application.

2293
03:31:49,390 --> 03:31:55,330
Okay, so appeal A, do we have, so I'm going to

2294
03:31:55,330 --> 03:32:02,750
open the item and open the public hearing and then we'll have a presentation from staff.

2295
03:32:06,760 --> 03:32:13,400
Actually, could I, you know, I'm asking the city attorney this, I don't believe I have a

2296
03:32:13,400 --> 03:32:23,440
living act issue here at all. But our agenda now says that participants should disclose,

2297
03:32:27,960 --> 03:32:28,580
you know,

2298
03:32:28,580 --> 03:32:33,780
you know, made in connection with an item. So before we start the item, I think we should ask the

2299
03:32:33,780 --> 03:32:42,660
appellant and the applicant whether they have anything to disclose. Otherwise, after the staff report,

2300
03:32:42,820 --> 03:32:51,380
we've already started the item. Sure. Yeah, that's a good idea. So could the appellant come forward and just

2301
03:32:51,380 --> 03:32:58,300
firm that you did not contribute more than $250 to my campaign.

2302
03:33:00,200 --> 03:33:01,360
Yes, I can confirm that.

2303
03:33:01,360 --> 03:33:02,080
Thank you.

2304
03:33:02,520 --> 03:33:04,660
And for the applicant team.

2305
03:33:05,540 --> 03:33:08,240
It's both the parties and their agency.

2306
03:33:08,240 --> 03:33:08,820
And their agency.

2307
03:33:08,820 --> 03:33:12,500
Which includes their attorney who's coming to the mic now.

2308
03:33:14,590 --> 03:33:17,810
I did not contribute more than $250 to your campaign.

2309
03:33:18,490 --> 03:33:19,470
Thank you.

2310
03:33:19,470 --> 03:33:24,410
And I, but I can't speak for Mr. Webb. I can fall.

2311
03:33:26,350 --> 03:33:30,130
Can we have a process in the future of the middle of the good side or something ahead of time?

2312
03:33:30,850 --> 03:33:37,470
Yeah, I have an, an Excel spreadsheet that I also cross checked and I didn't see anything for you.

2313
03:33:38,710 --> 03:33:40,170
Good evening, Council. Steve Co.

2314
03:33:40,170 --> 03:33:44,270
I did make a contribution to Halle Jones.

2315
03:33:44,270 --> 03:33:50,050
And I received a refund, which reduced the contribution to 250.

2316
03:33:52,030 --> 03:33:56,470
No contribution to me. My campaign. No. Thank you, Steve.

2317
03:33:56,490 --> 03:33:57,670
You didn't support Bob?

2318
03:34:00,330 --> 03:34:06,330
Yeah, I don't know. I don't know how we want to do it in the future, but I mean...

2319
03:34:08,010 --> 03:34:11,990
It's going to be tricky to implement too, because people can show up during public comment,

2320
03:34:11,990 --> 03:34:18,650
that we will, we'll do our best to figure out a process that's, I did check for the names we

2321
03:34:18,650 --> 03:34:19,350
do in advance.

2322
03:34:20,430 --> 03:34:21,430
Okay, thank you.

2323
03:34:22,030 --> 03:34:30,190
So now I'm going to open the item and appeal a staff presentation from Wendy.

2324
03:34:32,480 --> 03:34:33,140
Thank you.

2325
03:34:33,260 --> 03:34:35,240
Good evening, Mayor Nagee and Council members.

2326
03:34:35,460 --> 03:34:40,020
I'm Wendy John, Principal Planner, and the item before you is an appeal of the approval

2327
03:34:40,020 --> 03:34:47,640
of design reviews 0-285, closest development permits 2-4-0-2-8-4, and a Sequoic

2328
03:34:47,640 --> 03:34:50,560
categorical exemption at 8 Rockledge Road.

2329
03:34:51,220 --> 03:34:54,900
The slide before you is an aerial of the project site in the surrounding area.

2330
03:34:54,900 --> 03:34:59,780
The subject property is approximately 10,800 square.

2331
03:35:00,000 --> 03:35:06,320
For a foot irregular shaped lot that's located on the oceanward side of coast highway. And at the end of

2332
03:35:06,320 --> 03:35:11,420
Rockledge Road, which is a private street, and Rockledge Terrace, a private axis easement. The

2333
03:35:11,420 --> 03:35:17,360
site slopes to the ocean and contains a single family dwelling, two garages, hard scape and landscaping.

2334
03:35:18,260 --> 03:35:23,260
The property is listed on the city's historic register and has a milk contract with the city.

2335
03:35:23,260 --> 03:35:26,760
However, no improvements are proposed to the historic structure.

2336
03:35:27,600 --> 03:35:33,420
A historic analysis was completed and found that the project would have no impact on the historic resource.

2337
03:35:34,780 --> 03:35:39,980
The applicant requests design review and a coastal development permit to construct a new pool,

2338
03:35:40,480 --> 03:35:44,640
spa, hard-skate, and a newly unskate plan at the rear portion of the lot,

2339
03:35:45,140 --> 03:35:48,760
in an environmentally sensitive area due to ocean-front proximity.

2340
03:35:48,760 --> 03:35:49,880
The

2341
03:35:52,730 --> 03:35:55,490
design review board heard this project on April 25,

2342
03:35:57,570 --> 03:36:05,630
2024, and during the hearing, the board received public testimony from two surrounding neighbors with concerns related to landscaping.

2343
03:36:05,910 --> 03:36:12,850
After discussing the concerns that were raised by the members of the public at the hearing and also written public correspondence received,

2344
03:36:12,850 --> 03:36:20,330
Any value waiting the project's consistency with the design review criteria, the board unanimously voted five to zero to

2345
03:36:20,330 --> 03:36:21,750
conditionally approve the project.

2346
03:36:22,190 --> 03:36:26,770
Subject to the addition of three project specific conditions which are outlined here on this slide.

2347
03:36:27,430 --> 03:36:33,690
The first condition is that the applicants agreed upon conditions as submitted in their letter and email on April 24,

2348
03:36:33,690 --> 03:36:39,350
24 specifically items 1 through 14 that those being incorporated into the record.

2349
03:36:39,730 --> 03:36:43,590
Number two, that the modification to a condition of approval number one,

2350
03:36:43,790 --> 03:36:49,210
be modified to reference that the plans were submitted on April 24, 2024.

2351
03:36:49,590 --> 03:36:55,770
And number three, that the removal of the wall in guardrail indicated on she a 1.1.

2352
03:36:57,290 --> 03:37:01,830
And appeal was subsequently filed by the neighboring property owner at 7 Rockledge Road,

2353
03:37:01,830 --> 03:37:04,890
indicating three points of contention.

2354
03:37:06,130 --> 03:37:09,410
Appeal contention number one states that in summary,

2355
03:37:09,470 --> 03:37:12,030
that the construction parking will cause a public safety

2356
03:37:12,030 --> 03:37:12,550
impact.

2357
03:37:13,130 --> 03:37:16,470
The board made a design review finding related to access

2358
03:37:16,470 --> 03:37:19,090
and also coastal development findings related

2359
03:37:19,090 --> 03:37:21,650
to access way of public services for the project,

2360
03:37:22,350 --> 03:37:24,430
and they supported those findings by facts

2361
03:37:24,430 --> 03:37:26,390
as summarized within the agenda report.

2362
03:37:27,030 --> 03:37:29,850
Also during deliberations, the board discussed,

2363
03:37:29,850 --> 03:37:35,470
including a condition of approval for a construction staging plan and this was to address

2364
03:37:35,470 --> 03:37:41,370
neighbor concerns as well as safety for the community. At that time staff showed a proposed

2365
03:37:41,370 --> 03:37:47,890
condition of approval in their PowerPoint presentation and for the Board's consideration. This

2366
03:37:47,890 --> 03:37:54,670
is depicted as figure 3 on page 13 of the agenda report and ultimately the Board did not read

2367
03:37:54,670 --> 03:38:01,390
desired condition of approval regarding a staging plan in its motion when approving the project.

2368
03:38:01,730 --> 03:38:05,090
Therefore, it was not incorporated into the resolution or the project.

2369
03:38:06,650 --> 03:38:11,890
Therefore, it is recommended that the city council add the building divisions, standard

2370
03:38:11,890 --> 03:38:16,950
conditions of approval and apologies for the text on the slide, but these conditions are

2371
03:38:16,950 --> 03:38:23,330
stated, recated on page 13 and 14 of the agenda report, and they are also within the resolution,

2372
03:38:23,330 --> 03:38:31,170
specifically Section 4, Conditions 8 through G, on pages 33 to 35 of the agenda report.

2373
03:38:31,850 --> 03:38:36,550
So these conditions of approval, including the staging plan, they're intended to ensure

2374
03:38:36,550 --> 03:38:41,890
that the proposed development, as well as the temporary construction, related activities

2375
03:38:41,890 --> 03:38:47,250
they will not improperly encroach upon any existing public access way that's legally utilized

2376
03:38:47,250 --> 03:38:52,170
by the public during construction and that they'll ensure adequate public roadway capacity

2377
03:38:52,170 --> 03:38:53,490
during construction.

2378
03:38:54,750 --> 03:39:00,930
The PLC intention two states that the projects geotechnical report is inadequate that a soil

2379
03:39:00,930 --> 03:39:05,450
study should have been prepared and a noise-invibration study performed.

2380
03:39:06,130 --> 03:39:11,470
So first, the geotechnical report that's referenced by the appellant in the appeal is the

2381
03:39:11,470 --> 03:39:16,430
geotechnical bluff ed report, and this is included as attachment 12 to the agenda report.

2382
03:39:17,010 --> 03:39:21,790
The city, as well as the California Coastal Commission, have developed procedures, and

2383
03:39:21,790 --> 03:39:24,850
That's to locate the Coastal Bluff Edge and you give it a property.

2384
03:39:25,570 --> 03:39:36,770
And this is to establish setbacks, considered necessary to protect new development and the public from any adverse impacts of erosion and instability.

2385
03:39:38,150 --> 03:39:48,990
Here, the pool is set back beyond the 25 foot Bluff top setback and the hard scape is proposed at the end at the required 10 foot Bluff top setback.

2386
03:39:48,990 --> 03:39:59,750
Based on this report, there are some technical details, engineering, stability analyses that were previously performed, have been updated, and this is to evaluate global.

2387
03:40:00,000 --> 03:40:14,580
As well as, as well as, officials, stability of the existing site conditions. And the results of the analyses indicate that the property and the bluff, including nearby properties, generally have an adequate factor of safety for gross slope stability.

2388
03:40:15,640 --> 03:40:21,240
contained within the Design Review Board Resolution is does state that the city's geotechnical

2389
03:40:21,240 --> 03:40:25,740
consultant reviewed the geotechnical report and they can actually approve the project.

2390
03:40:26,420 --> 03:40:30,600
There are also references that were made that no irrigation shall be allowed within

2391
03:40:30,600 --> 03:40:36,840
10 feet of the bluff, top-setback and that limited drip systems are allowed for other landscaping

2392
03:40:36,840 --> 03:40:42,600
within the bluff top-setback. Further, no development is proposed on the ocean front bluff

2393
03:40:42,600 --> 03:40:49,980
space, except slope restoration, and that the removal of unpromoted work as required by the California Coastal Commission.

2394
03:40:51,860 --> 03:41:01,300
However, there does not appear to be a condition of approval that requires such restrictions or requires that the development to have adequate slope stability factors of safety.

2395
03:41:01,300 --> 03:41:09,820
So therefore staff is recommending that the city council add additional more restrictive conditions of approval to the project, which are stated on this slide.

2396
03:41:10,540 --> 03:41:22,260
These are also stated on page 15 of the agenda report and in the attached resolution section for conditions H through J on page 35 of the agenda report.

2397
03:41:22,260 --> 03:41:28,560
So during board deliberations Board Member Gibbs did note that the project proposed certain

2398
03:41:28,560 --> 03:41:35,160
setbacks for the bluff top from the bluff top on the property and he noted that it

2399
03:41:35,160 --> 03:41:37,840
was an improvement to the condition of the bluff.

2400
03:41:38,000 --> 03:41:42,740
Further he commented that the technical studies, which include the coastal hazard analysis,

2401
03:41:43,020 --> 03:41:48,600
the historic report, as well as the bluff edge for geotechnical bluff edge report that

2402
03:41:48,600 --> 03:41:53,400
prepared for the project we're thorough and that he did not know any issues with the reports.

2403
03:41:54,220 --> 03:41:59,080
With respect to the soil's report, since this project is located on a coastal

2404
03:41:59,080 --> 03:42:05,380
bluff top, it does require full geotechnical soil's reports to be submitted during the building

2405
03:42:05,380 --> 03:42:11,660
plan check process and this is based on city policy. Although there is not a specific condition of

2406
03:42:11,660 --> 03:42:18,180
approval that requires the geotechnical soil's report within the resolution, the applicant will

2407
03:42:18,180 --> 03:42:21,920
be required to comply with this requirement through its policy.

2408
03:42:24,460 --> 03:42:28,280
Staff is recommending that the City Council consider adding the following more restrictive

2409
03:42:28,280 --> 03:42:30,200
conditions of approval to the project.

2410
03:42:30,740 --> 03:42:37,040
This is related to the geotechnical soils report being submitted during the plan check process.

2411
03:42:37,680 --> 03:42:42,200
They're noted here on the slide and they're also also within the agenda report and similarly

2412
03:42:42,200 --> 03:42:48,240
in section four, these are conditions K and L on page 35 of the agenda report.

2413
03:42:48,800 --> 03:42:53,740
And lastly, as the part of the second contention, the appellants request for a noise

2414
03:42:53,740 --> 03:42:59,340
and vibration study is important to note, this is not a requirement of the municipal code.

2415
03:43:00,040 --> 03:43:04,760
Although there is not a specific condition of approval that requires the applicant to comply

2416
03:43:04,760 --> 03:43:10,200
with the city's noise requirements in the municipal code, and that's specifically chapter 7.25.

2417
03:43:11,060 --> 03:43:17,820
They are obligated to comply with this municipal co-chapter, both during and after construction.

2418
03:43:19,700 --> 03:43:24,940
During board deliberations there was a brief discussion regarding the installation of equipment on the property

2419
03:43:24,940 --> 03:43:26,760
to monitor the improvements.

2420
03:43:27,240 --> 03:43:34,020
And at the time staff suggested adding the building division standard conditions of approval to address this concern.

2421
03:43:34,020 --> 03:43:40,220
So, those conditions are the same ones that I showed previously, which were the conditions

2422
03:43:40,220 --> 03:43:44,520
A through G that are proposed in the resolution that's attached to the report.

2423
03:43:46,320 --> 03:43:53,750
And these would address construction hours on site monitoring by a geotechnical engineer

2424
03:43:53,750 --> 03:43:58,890
during excavation and grading activities, as well as documentation of any ground movement

2425
03:43:58,890 --> 03:44:02,430
and notification to the building official of any such movement.

2426
03:44:04,100 --> 03:44:10,880
The third contention from the appeal that was filed states that the identified

2427
03:44:10,880 --> 03:44:15,700
sequence assumption does not apply. The board's determination that the project was

2428
03:44:15,700 --> 03:44:21,320
exempt from sequa pursuant to state SQL guidelines section 15304 was proper.

2429
03:44:21,980 --> 03:44:27,440
Here there is a pool, spa deck, barbecue, and landscaping, which consists of minor

2430
03:44:27,440 --> 03:44:32,220
private alterations in the condition of land, water, and or vegetation. And these

2431
03:44:32,220 --> 03:44:39,440
to not involve the removal of any healthy, mature scenic trees, except for forestry or agricultural

2432
03:44:39,440 --> 03:44:44,900
purposes, the project will also involve minimal disturbance to the overall landscape. It includes

2433
03:44:44,900 --> 03:44:49,980
excavation of a small, tomato area of soil in order to accommodate the pool that would

2434
03:44:49,980 --> 03:44:55,720
consist of approximately 60 cubic yards. And these changes are localized. They do not require

2435
03:44:55,720 --> 03:44:59,840
of substantial modifications to the project site's use, nor the surrounding.

2436
03:45:02,300 --> 03:45:08,440
I also wanted to note that because the city council exercises its independent judgment and discretion with respect to

2437
03:45:08,440 --> 03:45:31,420
secret determinations, the city council may also find that the proposed project fits within the state

2438
03:45:31,420 --> 03:45:36,300
smaller in scope than some of the other examples that are provided, such as the construction

2439
03:45:36,300 --> 03:45:37,680
of the single family residents.

2440
03:45:38,840 --> 03:45:43,940
Additionally, here there is no evidence of any unusual circumstance, or any unusual or

2441
03:45:43,940 --> 03:45:49,160
special conditions that would result in a significant effect of the environment, building a swimming

2442
03:45:49,160 --> 03:45:54,220
pool and adding landscaping to a single family residence that is located on a coastal bluff

2443
03:45:54,220 --> 03:45:57,180
does not constitute unusual circumstances.

2444
03:45:57,180 --> 03:46:08,670
So this evening staff has recommending that the City Council adopt the resolution to deny the appeal and to modify the design review board's decision to approve the project.

2445
03:46:09,250 --> 03:46:27,730
By adding more restrictive conditions of approval and finding that the action is categorically exempt from seek law,

2446
03:46:27,730 --> 03:46:31,130
And that correspondence has been provided to the council for consideration.

2447
03:46:31,650 --> 03:46:34,650
That concludes my presentation and staff is available for any questions.

2448
03:46:34,850 --> 03:46:36,430
Thank you.

2449
03:46:36,490 --> 03:46:37,150
Thank you.

2450
03:46:37,210 --> 03:46:38,150
You Wendy, very thorough.

2451
03:46:38,330 --> 03:46:38,770
Presentation.

2452
03:46:38,910 --> 03:46:41,370
Are there any questions for staff at this point?

2453
03:46:42,710 --> 03:46:47,830
Seeing no questions, we're going to open public testimony and in terms of the order, we're

2454
03:46:47,830 --> 03:46:50,310
going to start with five minutes to the appellant.

2455
03:46:51,250 --> 03:46:54,410
And then people in support of the appellant can speak at that time for three minutes.

2456
03:46:54,410 --> 03:46:59,190
and then we're going to go to the applicant. We'll have five minutes and then people in opposition

2457
03:47:00,370 --> 03:47:05,650
to the appeal or in support of the project. We'll have three minutes per person. And then finally,

2458
03:47:05,810 --> 03:47:12,610
the appellant will have two minutes to provide rebuttal to the comments made by the applicant.

2459
03:47:13,330 --> 03:47:18,930
So we'll start off with five minutes for the appellant. Go ahead, Brian.

2460
03:47:21,250 --> 03:47:24,550
Thank you, Mr. Mayor, for saving the best for the last.

2461
03:47:26,670 --> 03:47:28,330
Members of the Council, thank you very much.

2462
03:47:28,430 --> 03:47:33,710
My name is Brian Ward, and I am the owner of Number 7 Rockledge, the Appellant.

2463
03:47:34,530 --> 03:47:40,370
I want to start by saying that Rockledge Roads is, as many of you know, historically,

2464
03:47:41,390 --> 03:47:45,950
significant street, and many of the houses on the street date back to 1926.

2465
03:47:47,030 --> 03:47:52,190
There are charming beach cottages on a very historical street.

2466
03:47:52,870 --> 03:47:58,970
The geology and the history of rock legend, my opinion, demonstrates that a bluff edge facing

2467
03:47:58,970 --> 03:48:04,910
infinity edge pool is incompatible and potentially a danger to the surrounding properties,

2468
03:48:05,070 --> 03:48:08,130
and especially my property at number seven rock ledge.

2469
03:48:09,230 --> 03:48:15,850
I, which again, number seven, Rockledge is the original Rockledge Cottage that was built

2470
03:48:15,850 --> 03:48:20,530
in 1926 and at one time owned all the land on Rockledge Road.

2471
03:48:22,590 --> 03:48:27,590
When I purchased the property, I made the conscious decision to approach a sympathetic

2472
03:48:27,590 --> 03:48:34,290
restoration on my property in order to preserve the original structures of my home.

2473
03:48:35,010 --> 03:48:37,550
And many others on the street have done the same thing.

2474
03:48:37,790 --> 03:48:41,670
And so doing eye-hired, a local architect who also owns

2475
03:48:41,670 --> 03:48:44,470
and has restored a historic cottage.

2476
03:48:45,450 --> 03:48:49,070
My landscape architect, many of you know, also lives

2477
03:48:49,070 --> 03:48:53,650
in Laguna Beach and has restored a historical cottage.

2478
03:48:53,690 --> 03:48:55,930
And I did that in order to assure that every step

2479
03:48:55,930 --> 03:49:01,070
that I took was to preserve the original structure at number seven.

2480
03:49:02,230 --> 03:49:05,830
And obviously, I think people need to do more of that.

2481
03:49:07,470 --> 03:49:14,890
The issue here is my home, again, dates back to 1926,

2482
03:49:15,630 --> 03:49:19,090
and the foundation upon which the home is built

2483
03:49:19,090 --> 03:49:23,750
and the retaining wall along the bluff edge of number seven

2484
03:49:23,750 --> 03:49:27,810
is not capable of sustaining any major excavation

2485
03:49:27,810 --> 03:49:31,390
or pile driving into the bedrock.

2486
03:49:31,390 --> 03:49:39,110
And if this pool has any of those types of characteristics it's going to pose a major risk to my property.

2487
03:49:39,870 --> 03:49:49,150
I've asked my geotechnical consultant to come before you tonight to talk about some of the geologic implications that we know about based upon the limited information that we've reviewed.

2488
03:49:50,670 --> 03:49:59,890
The typically a pool like this and an infinity edge pool would involve driving piles into the bedrock that, again, would under...

2489
03:50:00,000 --> 03:50:07,120
I remind the integrity. The way that these conditions currently read, the moment you approve this project,

2490
03:50:07,240 --> 03:50:14,780
I am excluded from the process. And which means that I no longer have the right to review and approve

2491
03:50:14,780 --> 03:50:22,420
any studies that are done on the property from this point forward or provide any input, you know,

2492
03:50:22,540 --> 03:50:29,980
for those studies. I can't have my geotechnical consultant to take a look at it as well, which is

2493
03:50:29,980 --> 03:50:38,120
exactly why I proposed to be a party of the agreement or have you look at this project

2494
03:50:38,120 --> 03:50:42,560
when it's a little bit more advanced and there's technical studies that can address issues

2495
03:50:42,560 --> 03:50:49,280
like excavation, specific excavation and any piles and penetration to bedrock that needs to be

2496
03:50:49,280 --> 03:50:58,400
done. Where my property exists relative to this site is on a direct down slope to the pool area

2497
03:50:58,400 --> 03:51:01,200
that's being excavated for, which means that,

2498
03:51:01,200 --> 03:51:03,900
based upon the configuration of the coastal

2499
03:51:04,920 --> 03:51:10,760
bluff edge, if you draw a line down the slope line,

2500
03:51:11,180 --> 03:51:14,980
it goes underneath my property and right to my retaining wall.

2501
03:51:15,760 --> 03:51:19,860
So, it's only fair that I've been involved in that process.

2502
03:51:20,240 --> 03:51:22,700
But again, these conditions eliminate me

2503
03:51:22,700 --> 03:51:27,460
from the process entirely, and I'll make an example.

2504
03:51:27,460 --> 03:51:37,240
It says here that in your conditions that the geotechnical and genel engineer shall be required to conduct on-site monitoring.

2505
03:51:38,160 --> 03:51:43,320
What it should say is on-site and off-site monitoring.

2506
03:51:44,180 --> 03:51:55,560
It doesn't do that. So typically in these kinds of undertagings, it's not unusual and very common to put off-site monitoring so you can address again adjacent properties.

2507
03:51:57,200 --> 03:52:01,580
I see my time is up, but there's a number of traffic and safety issues as well.

2508
03:52:02,100 --> 03:52:05,780
The parcel map that was shown by staff is not accurate.

2509
03:52:06,600 --> 03:52:13,180
Most of the properties on Rockledge Road and Rockledge Terrorists have street frontage

2510
03:52:13,180 --> 03:52:15,680
of between 30 and 60 linear feet.

2511
03:52:16,200 --> 03:52:19,760
Number eight has less than 15 linear feet.

2512
03:52:19,760 --> 03:52:43,680
It also is directly adjacent to our communities only fire hydrant, so if you park or stage heavy equipment in front of the road and on their property, you block our fire hydrant and you block the the coldest act, which is the only area that our community has to stage emergency vehicles.

2513
03:52:44,420 --> 03:52:52,060
It's a major undertaking. It's way over-designed and not necessary. I believe it's completely

2514
03:52:52,060 --> 03:52:57,720
incompatible with the look and feel of historical, you know, coastal bluff along rock

2515
03:52:57,720 --> 03:53:04,940
ledge. And I recommend that staff support my appeal and deny the project. I'm completely

2516
03:53:04,940 --> 03:53:12,720
fine with the proposed or the existing approved plan on this project. That was approved back

2517
03:53:12,720 --> 03:53:19,500
In 2018, which has a small pool on it, it's a jacuzzi.

2518
03:53:19,920 --> 03:53:25,080
I think that's completely appropriate, and that was appropriate for staff to approve it.

2519
03:53:25,080 --> 03:53:28,140
And that's the plan that I believe staff should support.

2520
03:53:28,800 --> 03:53:30,120
Thank you.

2521
03:53:30,440 --> 03:53:34,240
And so now anyone in support of the appellant you have three minutes to speak.

2522
03:53:36,260 --> 03:53:38,500
Good evening, Mayor and council members.

2523
03:53:38,500 --> 03:53:42,620
I'm David Hansen, a registered G-Tetnik owns near-the-state of California.

2524
03:53:44,200 --> 03:53:51,200
With regards to G-Tetnik concerns for this project, the original report upon which the design

2525
03:53:51,200 --> 03:53:58,480
new board took a look at and reviewed and determining their approval of this project, there

2526
03:53:58,480 --> 03:54:03,900
are actually older reports that it's 2018 and that was a report for the remodel of the house and

2527
03:54:03,900 --> 03:54:07,380
for a small, for a rear yard improvements,

2528
03:54:07,620 --> 03:54:10,560
but the only included concrete walkways,

2529
03:54:10,820 --> 03:54:13,400
paddios, and then a smaller jacuzzi,

2530
03:54:15,100 --> 03:54:18,220
and that jacuzzi was proposed quite a bit of waste

2531
03:54:18,220 --> 03:54:19,280
from the top of the slope.

2532
03:54:19,900 --> 03:54:20,940
So it wasn't much of an issue,

2533
03:54:21,380 --> 03:54:23,460
but the current plans now are for,

2534
03:54:23,820 --> 03:54:26,440
oh, and there was a second report was a bluff edge report.

2535
03:54:26,900 --> 03:54:29,560
The bluff edge determination was, in my opinion,

2536
03:54:29,780 --> 03:54:33,160
spot on, however, that report had stability calculations

2537
03:54:33,160 --> 03:54:37,280
that were based on just the minor improvements that were proposed and that time they didn't

2538
03:54:37,280 --> 03:54:42,120
include the proposed grading and drainage that is now proposed. It also did not include

2539
03:54:42,120 --> 03:54:48,820
any potential loads from this much larger pool that is going to be proposed now. So it's not really

2540
03:54:48,820 --> 03:54:55,700
representative of what the impact that this current proposed construction will have on the

2541
03:54:55,700 --> 03:54:59,880
overall stability of the site, and then...

2542
03:55:01,230 --> 03:55:15,050
With respect to, so the Social Security, in my opinion, can be updated in order to really know whether this new construction is going to have an impact on the overall Social Security.

2543
03:55:15,410 --> 03:55:22,270
The other concern is that this pool is much bigger, it goes from basically across the whole entire width of the existing house.

2544
03:55:22,270 --> 03:55:26,470
So one edge of that pool is coming in close proximity to seven rock

2545
03:55:26,470 --> 03:55:33,150
lage that has existing walls, it has an existing retaining wall that are kind of historic walls

2546
03:55:33,150 --> 03:55:38,430
that they were built back in the 1920s, 26, I think.

2547
03:55:39,010 --> 03:55:41,730
So they're just kind of a rock and mortar construction.

2548
03:55:42,350 --> 03:55:45,010
They probably back in those days, they had really shallow footings.

2549
03:55:46,290 --> 03:55:52,250
So what those old reports don't address is how deep the excavation will be along that side

2550
03:55:52,250 --> 03:55:58,050
the property, how deep it will be, how far it will be from that wall from the existing wall

2551
03:55:58,050 --> 03:56:02,690
and whether shoring is going to be needed along that to protect that wall and to keep it

2552
03:56:02,690 --> 03:56:08,850
from being undermined. And then finally, because of the size of this pool, because it's

2553
03:56:08,850 --> 03:56:14,930
I'm sorry, because it's an infinity edge pool, those kind of pools have to be designed for

2554
03:56:14,930 --> 03:56:20,870
zero settlement, which usually means that the pool is going to have to be on piles that go down

2555
03:56:20,870 --> 03:56:28,310
the bedrock that are deep and the issue with going deep into the bedrock is that the drilling

2556
03:56:28,310 --> 03:56:34,250
of the hard bedrock creates a lot of vibration and also if shortings needed along that side,

2557
03:56:34,870 --> 03:56:41,550
those piles will also cause vibration which is a major concern to the existing house.

2558
03:56:42,630 --> 03:56:49,050
It's a historic building that's on just, it's got raised wood floors, just small little shallow

2559
03:56:49,050 --> 03:56:55,530
had footings, so we're worried about the vibration causing damage to adjacent structures and walls.

2560
03:56:56,170 --> 03:56:56,590
You can.

2561
03:56:57,510 --> 03:56:58,010
Okay.

2562
03:56:58,190 --> 03:57:01,050
Are there any other speakers in support of the appellant?

2563
03:57:01,990 --> 03:57:06,950
If not, we're going to give five minutes to the applicant to provide a presentation.

2564
03:57:11,300 --> 03:57:11,740
Good evening.

2565
03:57:12,120 --> 03:57:13,680
Mayor Ranage and members of the City Council.

2566
03:57:13,760 --> 03:57:22,200
My name is Larry Nokes, and I am here representing Brian Webb, who is probably snowed in some place in the Midwest.

2567
03:57:22,920 --> 03:57:26,680
not a contributor, by the way. He did verify that. He is watching.

2568
03:57:28,860 --> 03:57:39,740
All of these issues that were raised by Mr. Ward were raised at the designer view board hearing and he was heard at that time.

2569
03:57:39,740 --> 03:57:46,160
But I'm not seeing from the appellant is any kind of a geotechnical report saying that the

2570
03:57:46,160 --> 03:57:55,180
geotechnical studies prepared by geos oils or by Dave Skelly, a wave impact and ocean impact studies are flawed in any way.

2571
03:57:55,500 --> 03:57:59,220
The fact is that this project is not contemplate any piles.

2572
03:57:59,780 --> 03:58:03,460
This project is not contemplate any deep foundations.

2573
03:58:03,460 --> 03:58:07,200
It's going to be a self-supporting pool.

2574
03:58:07,200 --> 03:58:17,300
So when we reviewed this in October, there were a number of conditions of approval that

2575
03:58:17,300 --> 03:58:19,000
had been placed into a proposed effort.

2576
03:58:19,160 --> 03:58:23,660
That's the reason that we asked for this to be continued, including Mr. Ward's concerns

2577
03:58:23,660 --> 03:58:30,820
about a tree at his house, things 70 decibel noise limitation, all of those things needed

2578
03:58:30,820 --> 03:58:31,280
to go.

2579
03:58:31,280 --> 03:58:42,180
and now I believe and I want to publicly acknowledge that Wendy and Megan and whoever else

2580
03:58:42,180 --> 03:58:50,360
helped put this proposed resolution together comparing the design review board comments with

2581
03:58:50,360 --> 03:58:55,680
what was actually stated and what was actually approved were absolutely outstanding.

2582
03:58:55,680 --> 03:59:00,040
And the analysis was excellent.

2583
03:59:01,120 --> 03:59:05,800
Well, ordinarily we would say that there is absolutely no basis

2584
03:59:05,800 --> 03:59:10,260
to modify the approvals because it was a 501 approval,

2585
03:59:10,480 --> 03:59:12,380
and all of this stuff was thoroughly discussed.

2586
03:59:13,320 --> 03:59:17,040
And there was no demonstration, there was a mistake of law

2587
03:59:17,040 --> 03:59:20,480
in going through and listening to the hearing again,

2588
03:59:20,660 --> 03:59:23,880
which I try to do whenever I'm involved in one of these.

2589
03:59:23,880 --> 03:59:40,520
And it was pretty clear that the design of the board did reference the handout that is cited in the staff report by Wendy and the provisions that are laid out in the revised resolutions.

2590
03:59:40,900 --> 03:59:48,020
I think their categories is being more restrictive. I think they're really clarifying and I think they're really helpful.

2591
03:59:48,020 --> 03:59:54,120
the clarifying restrictions with regard to the parking plan.

2592
03:59:54,660 --> 03:59:59,600
I think are very consistent with what the design review board actually discussed and what was before.

2593
04:00:00,000 --> 04:00:09,860
Before them, I'm presented at the hearing. And so I don't have a problem with those going into the resolution as being more restrictive. The geotechnical findings.

2594
04:00:11,840 --> 04:00:27,800
We have a geotechnical report. It's attached. Stony Miller did it. It has been peer reviewed by the city and it's been approved. But we don't have a problem with the additional restriction that was cited.

2595
04:00:27,800 --> 04:00:35,240
in the proposed recommendation, and with regard to the CEQ analysis, we think that the

2596
04:00:35,240 --> 04:00:43,340
city attorney, her analysis of the CEQ provisions are spot on, and I believe that Wendy,

2597
04:00:44,040 --> 04:00:50,360
I agree with Wendy that either 15304 or 15303 could be adopted to justify the categorical

2598
04:00:50,360 --> 04:01:00,200
exemption. So with that, I don't have anything further. We do support the denial of the appeal

2599
04:01:00,200 --> 04:01:08,820
and the adoption of the proposed conditions. And we ask that this project will be approved

2600
04:01:08,820 --> 04:01:16,600
tonight. Steve Quaritani is here to answer any questions if you have any with regard to the

2601
04:01:16,600 --> 04:01:22,820
project and again, I want to thank Wendy and Megan and anybody else who worked on this

2602
04:01:22,820 --> 04:01:24,760
because it was a complicated thing to put together.

2603
04:01:25,460 --> 04:01:29,180
Larry, maybe this is a question for Steve, but in your comments you said, you know, there's

2604
04:01:29,180 --> 04:01:31,360
no drilling down in the bedrock this required.

2605
04:01:32,160 --> 04:01:33,620
What's the basis of that?

2606
04:01:33,700 --> 04:01:35,100
I mean, this is structural design.

2607
04:01:35,240 --> 04:01:38,860
This is going to be a hand excavated pool project.

2608
04:01:38,860 --> 04:01:49,800
They're just going to be using shovels, maybe pneumatic shovels, and it's going to be a fairly gentle thing.

2609
04:01:50,000 --> 04:02:01,940
Based on the site conditions that Stony Miller has identified, we don't anticipate that there is going to be any problem at all, but we are not going to do any piles.

2610
04:02:01,940 --> 04:02:06,300
We're not going to do any deep in flittings, we're not going to do any deep case-ons.

2611
04:02:09,920 --> 04:02:16,780
It's structurally a good project and it's not should not have any impact at all on Mr.

2612
04:02:16,820 --> 04:02:17,500
Roy's house.

2613
04:02:18,880 --> 04:02:25,360
So the geotechnical report that you have is not based on the old project, it's based on the

2614
04:02:25,360 --> 04:02:25,940
current project.

2615
04:02:25,940 --> 04:02:33,740
The 2022 report and as I understand it is based on this project, updated for this project,

2616
04:02:34,820 --> 04:02:36,120
not for the old project.

2617
04:02:36,660 --> 04:02:37,340
Is that correct Steve?

2618
04:02:40,800 --> 04:02:41,500
Anything else?

2619
04:02:42,560 --> 04:02:43,420
Thank you.

2620
04:02:50,820 --> 04:02:58,020
So at this point we'll take testimony three minutes each for individuals in support of the

2621
04:02:58,020 --> 04:02:58,360
applicant.

2622
04:03:02,320 --> 04:03:08,520
Okay, then we're going to go back to the appellant, Mr. Ward will have two minutes

2623
04:03:08,520 --> 04:03:11,220
to respond to anything that you've heard.

2624
04:03:14,280 --> 04:03:14,760
Thank you.

2625
04:03:14,960 --> 04:03:18,880
My understanding from my geotite code consultant

2626
04:03:18,880 --> 04:03:21,960
to review those reports was that the report

2627
04:03:21,960 --> 04:03:26,420
that was included in staffs was the old report,

2628
04:03:26,760 --> 04:03:27,960
not a new report.

2629
04:03:28,500 --> 04:03:32,760
And again, that report did not address the design,

2630
04:03:32,760 --> 04:03:34,700
the specific design of the new pool,

2631
04:03:34,940 --> 04:03:40,500
the depth of the new pool to even be able to ascertain

2632
04:03:40,500 --> 04:03:42,680
whether or not foodings would be required,

2633
04:03:43,140 --> 04:03:45,260
how much excavation would be done,

2634
04:03:45,540 --> 04:03:47,060
or exactly how that would be done.

2635
04:03:47,760 --> 04:03:49,840
Again, I fall back on some of the issues

2636
04:03:49,840 --> 04:03:51,720
I stated earlier about the safety

2637
04:03:52,260 --> 04:03:55,200
of staging any kind of excavation like that

2638
04:03:55,200 --> 04:03:58,920
on Rockler at this particular location.

2639
04:03:59,480 --> 04:04:01,280
Again, because of proximity,

2640
04:04:01,320 --> 04:04:03,540
this is our only, this cul-de-sac,

2641
04:04:03,620 --> 04:04:06,440
is our only staging area for emergency vehicles,

2642
04:04:06,740 --> 04:04:08,700
and it just can't be clogged up

2643
04:04:08,700 --> 04:04:12,460
with excavated material and excavation equipment.

2644
04:04:13,600 --> 04:04:17,460
Again, the fire hydrant is directly adjacent to the driveway,

2645
04:04:19,020 --> 04:04:21,780
the garages are pulled forward on the site,

2646
04:04:21,800 --> 04:04:25,560
and there's only 15 feet, less than 15 feet,

2647
04:04:25,860 --> 04:04:27,900
of street front-age for this property.

2648
04:04:28,500 --> 04:04:31,440
It's impossible to do this without violating

2649
04:04:31,440 --> 04:04:35,880
the rules of our community and imposing a health and safety risk

2650
04:04:35,880 --> 04:04:36,480
on our residents.

2651
04:04:36,920 --> 04:04:37,560
Thank you.

2652
04:04:40,660 --> 04:04:51,200
Okay, so I'm going to close public testimony and then questions for, so I guess,

2653
04:04:51,300 --> 04:04:55,800
staff do any responses to anything that you've heard before we have your questions from

2654
04:04:55,800 --> 04:04:56,180
the Council.

2655
04:04:57,580 --> 04:04:57,640
No.

2656
04:04:58,480 --> 04:04:59,960
So, which report I'm sure?

2657
04:05:01,240 --> 04:05:10,140
So there's on page 154, that's not the geotechnical report, right? That's the coastal hazard analysis, which is different than the geotechnical report.

2658
04:05:11,380 --> 04:05:13,200
Where's the geotechnical report?

2659
04:05:18,430 --> 04:05:22,610
So on 168 is the updated geotechnical bluff edge report.

2660
04:05:25,290 --> 04:05:33,390
And that was specifically to identify the bluff edge so that we could determine the adequate or the correct setbacks for the project.

2661
04:05:33,390 --> 04:05:41,210
So, the geotechnical report has not been done because, right, because that, it's not required,

2662
04:05:41,230 --> 04:05:42,270
is that why?

2663
04:05:42,830 --> 04:05:50,630
Well, a geotechnical soils report is required for, when you're constructing a new pool on a property

2664
04:05:50,630 --> 04:05:56,230
that's a coastal bluff, but that, the city has a policy, so it's referenced within the

2665
04:05:56,230 --> 04:05:56,870
general report.

2666
04:05:56,890 --> 04:06:02,550
There's a handout that's on the city's website that's called when a geotechnical report,

2667
04:06:02,550 --> 04:06:04,230
Do you have technical soils report is required?

2668
04:06:05,350 --> 04:06:08,010
And so that's typically submitted during the building

2669
04:06:08,010 --> 04:06:09,090
plan check process.

2670
04:06:09,630 --> 04:06:13,630
And it's peer reviewed by the city's peer reviewer.

2671
04:06:13,730 --> 04:06:17,090
And the question for the city attorney from a SQL perspective,

2672
04:06:17,110 --> 04:06:20,770
if our code could that be an unusual circumstance

2673
04:06:21,380 --> 04:06:27,050
that would make the class three exemption,

2674
04:06:27,730 --> 04:06:29,130
would that be an exception to the exemption?

2675
04:06:29,130 --> 04:06:36,470
I don't believe so. I think that it fits within the exemption and doesn't trigger the exception.

2676
04:06:37,550 --> 04:06:40,570
Are you, are you saying if the rules report?

2677
04:06:40,790 --> 04:06:45,510
If our code says that we need it, that has a requirement for that, is that saying?

2678
04:06:46,030 --> 04:06:49,690
Why is, why is that not a technical study for purposes of sequence?

2679
04:06:49,690 --> 04:07:16,210
It's as I understand that studies that are necessary to make the determination for DRB are considered and having considered for SQL purposes, and that this is a building code provision that is implemented for purposes of ensuring that everything is what needs to be in order to escalate or whatever.

2680
04:07:16,210 --> 04:07:22,630
so it's a building code requirement as opposed to a technical study for the discretionary decision.

2681
04:07:24,450 --> 04:07:30,310
With that said, I mean, it's a little odd. I wasn't really aware of that hand out

2682
04:07:31,230 --> 04:07:40,130
your referencing. But the results of that report could affect the ultimate design.

2683
04:07:40,130 --> 04:07:48,810
It just depends on how far they wanted to take any structural elements that are going to be needed based on the report.

2684
04:07:50,230 --> 04:07:59,930
So I guess if they made a decision after they brought that report in before during plan check and they wanted to make revisions they'd have to go back through DRB.

2685
04:08:04,230 --> 04:08:08,890
If they were substantial changes to the project scope then yes.

2686
04:08:12,970 --> 04:08:18,290
So if it exceeds the scope of the approval, then it will have to go back to derby.

2687
04:08:24,030 --> 04:08:24,690
What's the scope?

2688
04:08:24,870 --> 04:08:27,350
I mean, like the surface area?

2689
04:08:27,550 --> 04:08:31,810
The size of the proposed pool of spot, the proposed grading.

2690
04:08:34,520 --> 04:08:38,940
So there's a statement on page 18 of the staff report.

2691
04:08:39,520 --> 04:08:40,900
So where do we derive this from?

2692
04:08:40,980 --> 04:08:44,700
It says the project will involve minimal disturbance to our landscape,

2693
04:08:44,700 --> 04:08:47,320
including the exclamation of a small to moderate area.

2694
04:08:47,320 --> 04:08:50,620
So, accommodate the pool consisting of 60 cubic yards.

2695
04:08:51,360 --> 04:08:53,240
So, where does that come from?

2696
04:08:53,640 --> 04:08:57,260
So, the quantity of the grading is taken from the project plans.

2697
04:08:57,720 --> 04:09:00,940
There is a project summary table that's located on a title sheet

2698
04:09:00,940 --> 04:09:03,160
that identifies the amount of grading.

2699
04:09:06,940 --> 04:09:11,920
Okay, so, I mean, would this geotechnical soils report

2700
04:09:11,920 --> 04:09:17,700
possibly result in a conclusion that you had to do

2701
04:09:17,700 --> 04:09:20,420
case-ons are drawing in a bedrock,

2702
04:09:22,450 --> 04:09:23,710
not necessarily.

2703
04:09:24,470 --> 04:09:26,930
I'm just trying to understand whether the

2704
04:09:26,930 --> 04:09:29,410
contentions that the talent is raising would respect

2705
04:09:30,010 --> 04:09:32,630
you know possibly going in a bedrock and creating

2706
04:09:32,630 --> 04:09:34,850
vibration in that sort of issue.

2707
04:09:35,470 --> 04:09:38,290
Could occur as a result of the geotechnical

2708
04:09:38,590 --> 04:09:39,430
soils report.

2709
04:09:40,770 --> 04:09:42,350
So hard to say because I'm not an expert.

2710
04:09:42,610 --> 04:09:43,590
Do you a technical expert?

2711
04:09:44,450 --> 04:09:46,290
But my understanding is that when the report is

2712
04:09:46,290 --> 04:09:50,530
paired by a two-technical engineer and then peer reviewed by the city's consultant.

2713
04:09:51,050 --> 04:09:59,410
If at that time there's conditions or modifications that need to be implemented into the project.

2714
04:10:00,000 --> 04:10:18,560
In order to meet the code or the standards, those would be relayed and then at that time the applicant would have to determine if they have to revise their project or modify the kind of the extent of constructing that pool.

2715
04:10:19,800 --> 04:10:22,640
But again, I defer to the geotechnical experts on that.

2716
04:10:22,640 --> 04:10:31,940
Well, let me ask you a different way, because Council further, the applicant has said that it's going to be a hand dug pool, maybe pneumatic shovels, no K-sons,

2717
04:10:34,020 --> 04:10:52,240
so if it came back, the termination came back from the geotechnical soils report that, no, you need more than that, you need shoreing or you need, you know, K-sons and the bedrock or something to support this pool, would that be a change?

2718
04:10:52,240 --> 04:10:54,940
outside the scope of what's already been approved?

2719
04:10:58,220 --> 04:11:02,680
Potentially, I think that there is a condition that's added that says that the project

2720
04:11:02,680 --> 04:11:07,840
is contingent upon the results of the geotechnical report, which must demonstrate the

2721
04:11:07,840 --> 04:11:08,240
development.

2722
04:11:08,520 --> 04:11:14,680
We'll have adequate slope civility factors of safety of 1.5 to 1.2 static to pseudo-satic.

2723
04:11:15,500 --> 04:11:20,100
And I think that if the slope, as I understand that condition,

2724
04:11:23,140 --> 04:11:24,560
that which that

2725
04:11:24,560 --> 04:11:31,060
arrives from the analysis in the Bluff Edge geotechnical report and that in doing this analysis

2726
04:11:31,060 --> 04:11:36,960
that there has to be an added, they have to demonstrate an adequate factor in their geotechnical

2727
04:11:36,960 --> 04:11:43,580
report for growth slope civility of that 1.5. So if the conditions change and they violate

2728
04:11:43,580 --> 04:11:50,160
that ratio effectively, then it will also determine that they need to go back for DRB.

2729
04:11:51,140 --> 04:11:55,420
modification. Well, I guess what I'm saying. I don't know enough about this, but if you can achieve

2730
04:11:55,420 --> 04:12:03,760
that slope stability by creating and putting in 40 k-sons, which would be a massive project,

2731
04:12:04,260 --> 04:12:11,640
I'm making up the number. That's very different than, you know, a pool where you excavate

2732
04:12:11,640 --> 04:12:19,400
60 cubic yards. So I'm just trying to understand the out of parameters. I mean, I have no issue

2733
04:12:19,400 --> 04:12:26,500
if it ends up being exactly as Mr. Nox described it, which is, you know, no, no K-Sons,

2734
04:12:27,140 --> 04:12:34,580
no boring into bedrock. And the reason I raised it, there have been other projects in town

2735
04:12:34,580 --> 04:12:43,280
where adjacent neighbors have been significantly affected by K-Sons drilling into, you know, a pneumatic

2736
04:12:43,280 --> 04:12:47,420
boom boom and you know these their house next door just

2737
04:12:47,420 --> 04:12:50,260
built I'm not talking about this one but you know built in

2738
04:12:50,260 --> 04:12:53,800
1930 or something it's starting to do this.

2739
04:12:59,200 --> 04:13:02,560
So that's you know like I say if it goes the way Larry

2740
04:13:02,560 --> 04:13:06,600
described it I mean I have no issue with it but if it turns into a

2741
04:13:06,600 --> 04:13:11,280
you get to support this thing with you know a lot of

2742
04:13:11,280 --> 04:13:16,300
structure in the ground that seems to me to be different than

2743
04:13:16,300 --> 04:13:18,300
what we're all thinking we're approving tonight.

2744
04:13:23,930 --> 04:13:29,410
If I may have clarification, so if there was a change in, you know,

2745
04:13:29,410 --> 04:13:33,230
and rather than using a handshovel, and then they require some additional equipment

2746
04:13:35,990 --> 04:13:40,870
that's larger, that is in something that would trigger it to go back to a designer

2747
04:13:40,870 --> 04:13:41,530
of your board.

2748
04:13:42,630 --> 04:13:45,830
So these conditions of approval that are on page 34,

2749
04:13:48,370 --> 04:13:51,430
sorry, 33 to 35 of the agenda

2750
04:13:51,430 --> 04:13:58,190
report, several of those are standard conditions from the building division and they specifically

2751
04:13:58,190 --> 04:14:04,570
if you look at G on page 34 and it does talk about how that a geotechnical engineer shall

2752
04:14:04,570 --> 04:14:08,950
be required to conduct on site monitoring of the site during excavation and creating.

2753
04:14:09,650 --> 04:14:14,130
And then also that there you have to document this and to provide it to the building official

2754
04:14:14,130 --> 04:14:16,350
if there's any such movement.

2755
04:14:16,350 --> 04:14:24,550
And then if you look at also condition number K, the geotechnical source report shall be subject to approval by the city's building official.

2756
04:14:25,010 --> 04:14:30,750
So all these things would be handled during the building plan check process and prior to building permit issuance.

2757
04:14:31,770 --> 04:14:37,370
And it would be under the discretion of the building official, not the design review board at that time.

2758
04:14:41,750 --> 04:14:44,810
Yeah, I appreciate that. I'm not sure that answers my question,

2759
04:14:48,990 --> 04:14:48,990
though.

2760
04:14:48,990 --> 04:14:57,750
I think the issue when he is at what point does, if it's been sent to the building official, at what point do those report?

2761
04:14:58,070 --> 04:14:59,790
Where does the building official's ability?

2762
04:15:00,000 --> 04:15:08,000
Just say, okay, this pool is approved or this pool is beyond the scope of what was approved by DRB needs to go back.

2763
04:15:09,260 --> 04:15:24,700
Given the testimony we've heard tonight, do we know what the, can we have a clear explanation of what that trigger is based on the project? Is there, you know, we can't, can I throw one other thing into the whole conversation?

2764
04:15:24,700 --> 04:15:53,900
So, if there is a geological report done on it, and then a geo-engineer engineer is the system based on that report, what this is saying here in L, and this is very common, they have geo-technical engineer onsite, doing an analysis and checking, you know, because they just originally do the core samples, and it's not a comprehensive analysis of the whole thing when they do the design.

2765
04:15:53,900 --> 04:16:02,520
So I think by what this might answer your question, if the engineer says I want two more

2766
04:16:02,520 --> 04:16:05,760
caseons over there, that happens in the field.

2767
04:16:06,460 --> 04:16:12,860
He'll do a little change on the plan and submit it to the building official, but that's

2768
04:16:12,860 --> 04:16:19,680
kind of not predetermined because it's not recognized until they're actually excavating.

2769
04:16:19,860 --> 04:16:20,640
Isn't that makes sense?

2770
04:16:24,750 --> 04:16:26,570
That's why they have these site visits.

2771
04:16:29,830 --> 04:16:39,150
Yeah, no, I understand that just it just seems like a 60 cubic yard excavation could turn into

2772
04:16:39,150 --> 04:16:47,350
a much bigger, you know, I must bigger grading and a much bigger excavation and

2773
04:16:47,350 --> 04:16:54,490
shorting, they could look at visual may require a shorting plan. I don't know, I'm just,

2774
04:16:55,030 --> 04:16:57,770
how do we know what's going to happen here?

2775
04:17:03,380 --> 04:17:09,040
Well, I think they answered the biggest part, is procedurally.

2776
04:17:09,200 --> 04:17:17,520
I mean, right, they did the original Geo, and if, in fact, it is a current Geo and not based on old plan, then that's how you usually move forward.

2777
04:17:17,720 --> 04:17:24,340
You move forward based on that data, and then if anything comes up under what, while it's in a construction,

2778
04:17:26,600 --> 04:17:33,200
you just have to alter the design based on the circumstances that are uncovered while it's under construction.

2779
04:17:33,200 --> 04:17:37,300
I don't know the other way to do it.

2780
04:17:37,980 --> 04:17:39,300
The report first.

2781
04:17:39,560 --> 04:17:48,130
No, you do the report, but the report is based on a couple of samples that are taken all

2782
04:17:48,130 --> 04:17:48,730
of the site.

2783
04:17:49,010 --> 04:17:53,910
And then once you really start getting into it, and if the geologist in the engineer says,

2784
04:17:54,150 --> 04:17:56,590
oh no, this is not quite what we thought it was.

2785
04:17:58,030 --> 04:17:59,330
And we haven't hit.

2786
04:17:59,330 --> 04:18:00,570
We thought there was bedrock.

2787
04:18:00,650 --> 04:18:04,970
The report shows bedrock over there, but it fell off, and there's no bedrock here.

2788
04:18:04,970 --> 04:18:09,870
go another 40 feet down until you hit bedrock, or whatever.

2789
04:18:10,650 --> 04:18:16,450
I think that's why the appellant has the anxiety about it, right?

2790
04:18:16,650 --> 04:18:17,610
I understand that.

2791
04:18:17,650 --> 04:18:22,990
I'm just saying that that happens to be a typical way of going about.

2792
04:18:23,010 --> 04:18:27,650
But if we don't have the report now based on the current plans.

2793
04:18:28,110 --> 04:18:32,750
Well, I understand the what I understand is

2794
04:18:32,750 --> 04:18:36,190
So is the report based on the current plans or the old plan?

2795
04:18:38,540 --> 04:18:45,100
So the geotechnical bluff edge report is based upon the current conditions and then also

2796
04:18:45,100 --> 04:18:47,660
based upon the proposed scope of this project.

2797
04:18:48,180 --> 04:18:52,800
But it's not getting, I think, into the level of detail about the appellan is looking for,

2798
04:18:52,960 --> 04:18:57,540
which is something that would happen during building plan check with the geotechnical

2799
04:18:57,540 --> 04:18:58,440
soils report.

2800
04:18:59,700 --> 04:19:03,480
Is this site in the appealable coastal zone?

2801
04:19:08,870 --> 04:19:15,350
And that is because it really just addresses the bluff.

2802
04:19:16,250 --> 04:19:23,610
Correct, because under the board's discretion, what they're there's discretion is with like when they review the project they're looking at the location.

2803
04:19:24,190 --> 04:19:24,390
Right.

2804
04:19:24,650 --> 04:19:25,150
I understand.

2805
04:19:25,830 --> 04:19:32,170
And the size and actually grading is not a design review trigger for this project.

2806
04:19:32,170 --> 04:19:38,490
Um, so typically, or so in the code, it says grading an excess of 20 cubic yards triggers

2807
04:19:38,490 --> 04:19:40,730
designer view when it's outside the building footprint.

2808
04:19:41,270 --> 04:19:45,110
But for swimming pools, when you excavate first room pool, that is in something that triggers

2809
04:19:45,110 --> 04:19:46,950
designer view.

2810
04:19:47,590 --> 04:19:50,070
But the location of the pool was under their discretion.

2811
04:19:50,070 --> 04:19:51,630
Can

2812
04:19:56,340 --> 04:19:59,900
I suggest a potential solution here, which is...

2813
04:20:00,000 --> 04:20:29,860
It's based on the applicant's counsel's representation that this is going to be 60 cubic yards. No, I can't remember exactly what you said to be honest, but we could say that that is the scope period. And so if it exceeds that, then it will have to go back to DRB. And so, and it still has to comply with the geotechnical reports and all the building requirements that are typically required.

2814
04:20:30,000 --> 04:20:43,300
But we will, we can just clearly draw the line in the sand as to what this, what the council understands the scope of the pool to be, so if it is an excess of that, then it will have to come back for further reveal.

2815
04:20:45,060 --> 04:20:53,260
Is there a way for in condition K at talks about how there's the due technical soils

2816
04:20:53,260 --> 04:20:57,180
or for it that's going to be submitted and peer reviewed at the applicants cost to the

2817
04:20:57,180 --> 04:20:57,960
building division?

2818
04:20:58,040 --> 04:21:02,360
I understand that's a ministerial process in this city is building officials making that

2819
04:21:02,360 --> 04:21:09,000
decision but is there a reason why the appellant wouldn't be able to provide input on that?

2820
04:21:11,270 --> 04:21:19,570
we can't delegate our land use authority or our building authority to another person so that's

2821
04:21:19,570 --> 04:21:24,930
why we have our building official make decisions. The building official would still make this decision

2822
04:21:24,930 --> 04:21:30,730
but then if the if the but that decision could be maybe they would get the report from the

2823
04:21:30,730 --> 04:21:34,930
appellant they would just they would say we this doesn't make they wouldn't agree with it.

2824
04:21:34,930 --> 04:21:39,670
I don't know what the process would be though I mean that that that's outside that's sort of outside

2825
04:21:39,670 --> 04:21:43,010
our whole, well, it's a conducive condition,

2826
04:21:45,170 --> 04:21:47,310
but I think if you, it's effectively an opportunity

2827
04:21:47,310 --> 04:21:51,450
for a peer review of a building process.

2828
04:21:51,590 --> 04:21:55,750
Well, I kind of like the idea, maybe we need to ask the applicant, but, you know, setting

2829
04:21:55,750 --> 04:22:01,410
some out of limit on the grading as the scope, and that's because that's what they think

2830
04:22:01,410 --> 04:22:06,230
it is, and that's what everybody thinks it is, and if it comes back, and it's, you know,

2831
04:22:06,230 --> 04:22:10,730
much bigger than that and have another look at it.

2832
04:22:10,950 --> 04:22:12,550
Yeah, I think that's a big, that's great.

2833
04:22:12,630 --> 04:22:13,310
Parade of Percy.

2834
04:22:15,190 --> 04:22:16,310
What would you propose, Bob?

2835
04:22:17,290 --> 04:22:19,730
Well, I mean, I'm just sort of a, I think the applicant needs

2836
04:22:19,730 --> 04:22:21,950
to come up and speak to this.

2837
04:22:22,170 --> 04:22:29,350
But if we state it in here that if it exceeds 60 or maybe

2838
04:22:29,350 --> 04:22:33,010
make it 10% to 66, something cubic yards

2839
04:22:33,010 --> 04:22:37,210
to give a little bit of leeway, then it comes back.

2840
04:22:37,210 --> 04:22:48,330
something like that. Hi again, Steve Boire County. I like Vegas idea of putting a limit on the pool.

2841
04:22:48,330 --> 04:22:59,230
It's contemplated as Larry described to have this as self-supporting. However, the major report and

2842
04:22:59,230 --> 04:23:05,290
mark has the most experience with this happens when you turn in the construction drawings, Bob.

2843
04:23:05,290 --> 04:23:20,610
And there will be more extensive testing and it will be up to the discretion of a building official if the solution that our geologists is presenting is adequate.

2844
04:23:21,650 --> 04:23:31,110
Now if it turns out that this is going to exceed what has been contemplated, two things could happen.

2845
04:23:31,110 --> 04:23:37,650
the pool may not move forward, because we really can't bring any heavy equipment back in there any longer.

2846
04:23:38,630 --> 04:23:40,370
And it may indeed be a spa.

2847
04:23:40,790 --> 04:23:48,870
You know, we don't contemplate that occurring, but if we put a limit based on what the building official says,

2848
04:23:49,630 --> 04:23:57,190
and again, the soils engineer, as Mark has stated, will do more expensive testing.

2849
04:23:57,190 --> 04:24:04,710
staff has decided that the design review board doesn't really have the expertise to review this.

2850
04:24:05,110 --> 04:24:08,150
That's why it's not complete, it's preliminary.

2851
04:24:09,070 --> 04:24:13,130
And when we get to building, then we'll have a much better idea.

2852
04:24:13,650 --> 04:24:21,010
Again, all of our preliminary analysis from the updated report from 2022 indicates that

2853
04:24:21,010 --> 04:24:23,870
the pool will be self-supporting.

2854
04:24:23,870 --> 04:24:28,890
But we will take that limit as recommended by Megan.

2855
04:24:30,910 --> 04:24:35,330
And I wonder if it should go to the board or it should come back to council.

2856
04:24:37,970 --> 04:24:40,510
Just bring in here and just bring it back here.

2857
04:24:40,890 --> 04:24:41,410
I don't know.

2858
04:24:41,910 --> 04:24:46,070
It would be an amendment to the, as I see it.

2859
04:24:46,090 --> 04:24:49,570
And I think it would be an amended deer be, it would be an amended designer.

2860
04:24:49,570 --> 04:24:52,530
I think it has to under our code go to designer.

2861
04:24:52,530 --> 04:24:58,670
I was going to ask if there was an admin avenue here that might streamline it.

2862
04:25:03,760 --> 04:25:06,140
Sorry to put you on the spot.

2863
04:25:06,600 --> 04:25:13,220
So, Megan, the concern is damaged to the adjacent property. Right?

2864
04:25:13,700 --> 04:25:17,420
That's what I've understand, that's the opelence concern.

2865
04:25:22,180 --> 04:25:24,580
I mean, technically, they could hand dig.

2866
04:25:25,320 --> 04:25:29,320
Well, I think you can condition that that wasn't the representation, right?

2867
04:25:29,820 --> 04:25:37,300
You could just condition it on no heavy equipment and then it's all manual excavation and that way if they wanted to dig

2868
04:25:37,300 --> 04:25:42,480
I mean you could dig a 10 foot case on bite a hole without using a drill rig

2869
04:25:43,340 --> 04:25:45,640
It's not fun, but it can be done

2870
04:25:47,100 --> 04:25:51,700
So I would just say that the excavation has to be done by hand and there's no heavy equipment

2871
04:25:55,860 --> 04:26:02,120
What if there are is a need for case ons to eat well you like I said you can technically it depends

2872
04:26:02,120 --> 04:26:03,060
I mean,

2873
04:26:05,200 --> 04:26:17,320
well, then you've got to have to come back, I guess, or yeah, that's where I would, I think we're sort of all a little bit guessing as to what the future circumstances are.

2874
04:26:17,400 --> 04:26:29,720
But that's why I recommend these out our limits, give as much guidance as possible, perhaps give a little leeway, perhaps give the community development director, the ability to allow for minor alterations.

2875
04:26:31,600 --> 04:26:46,240
to try to accommodate minor changes that may need to occur, but give, you know, is what you think to be reasonable in these circumstances based on the evidence you've heard this evening.

2876
04:26:49,600 --> 04:26:56,720
Well, I heard the applicants say they're accepting of the limit on the grading and would agree to come back.

2877
04:26:56,720 --> 04:26:59,640
And does that include the hand digging?

2878
04:27:00,460 --> 04:27:02,860
Yeah, I think, I mean, that's the representation, right?

2879
04:27:03,900 --> 04:27:06,720
So there'd be no heavy equipment and a grading wouldn't exceed.

2880
04:27:07,340 --> 04:27:10,240
I would say it's in here at 60, but you know,

2881
04:27:10,540 --> 04:27:16,620
increase the 10% and say 66 cubic yards and leave it at that.

2882
04:27:16,920 --> 04:27:18,120
That seems reasonable.

2883
04:27:18,720 --> 04:27:21,860
Would you like to give the community development director,

2884
04:27:22,260 --> 04:27:23,580
the ability for a minor modification,

2885
04:27:23,580 --> 04:27:27,580
and then the event that there's something unforeseen related to this.

2886
04:27:28,720 --> 04:27:32,860
Or otherwise, it would have to go back through DRB through an amendment to the DR.

2887
04:27:33,280 --> 04:27:35,620
I mean, something related to the grading.

2888
04:27:35,700 --> 04:27:36,540
Yeah, exactly.

2889
04:27:37,440 --> 04:27:38,880
Greating or, yeah.

2890
04:27:40,280 --> 04:27:41,580
Yeah, I think if it's.

2891
04:27:42,960 --> 04:27:48,260
Well, the minor modification, I guess, was him saying an additional 10%

2892
04:27:48,260 --> 04:27:48,860
That's true.

2893
04:27:49,020 --> 04:27:52,580
Yeah, maybe you've already addressed it with your contingency.

2894
04:27:54,020 --> 04:28:02,380
So I think if we said no heavy equipment and that's a great excavation not to exceed 66 cubic yards.

2895
04:28:03,860 --> 04:28:14,840
And then do we have to have because we could base that off of CDP finding number 5 that the proposed development will minimize the alterations of natural landforms and will not reduce.

2896
04:28:15,120 --> 04:28:21,740
We'll not result in undue risk from geological and original forces and or flood and fire hazards that could be the basis for it.

2897
04:28:21,740 --> 04:28:27,060
because it sounds like we're just doing geology from the diets, but that's what our CDP requires us to do.

2898
04:28:27,180 --> 04:28:28,840
Effectively. Right. So.

2899
04:28:34,680 --> 04:28:38,260
Okay. So we just need a motion to adopt the resolution and add

2900
04:28:38,260 --> 04:28:41,440
this additional condition where

2901
04:28:46,310 --> 04:28:52,900
we can add it to section for as condition m. Condition m.

2902
04:28:55,680 --> 04:29:00,640
And when you did we have anything else we needed to amend in the resolution or work it otherwise.

2903
04:29:00,640 --> 04:29:01,660
There

2904
04:29:04,180 --> 04:29:10,340
was one thing that I noticed that's minor, but I think if we're here and we want to see it for the records.

2905
04:29:12,140 --> 04:29:19,200
So I did notice on page 32 of the gender report section 3, we're discusses SQA.

2906
04:29:20,020 --> 04:29:25,780
It's a referencing section 15304 of the state's SQA guidelines. It's the second sentence in section 3.

2907
04:29:25,880 --> 04:29:30,660
It says existing facilities class 4. It should read minor alterations to land.

2908
04:29:32,860 --> 04:29:34,220
Thank you.

2909
04:29:38,890 --> 04:29:44,690
So would condition MSA something like the scope of the project shall not exceed 66 cubic

2910
04:29:44,690 --> 04:29:52,370
yards of excavation and shall not utilize heavy equipment and connection with the construction

2911
04:29:52,370 --> 04:29:53,190
of the pool?

2912
04:29:54,720 --> 04:29:56,360
to be done through hand excavation.

2913
04:30:01,460 --> 04:30:09,140
Okay, without addition, and when this clarification, I would move the adoption resolution has amended.

2914
04:30:11,180 --> 04:30:13,960
Okay, all in favour. Aye. Aye.

2915
04:30:21,060 --> 04:30:21,620
Thanks, everyone.

2916
04:30:22,800 --> 04:30:29,200
So we will adjourn the meeting to our next regularly scheduled meeting in two weeks.