Mailbag: Laguna tries to circumvent commission

Penny Elia’s request for California Coastal Commission intervention over the beach curfew ordinance via the appellate process is just the latest example in a long, shameful and embarrassing history. Don’t blame her, blame a combination of City Hall ignorance, ineptitude and/or just plain arrogance.

Hers is only the most recent example of repeated attempts to circumvent existing laws and ordinances by our city. So don’t shoot the messenger (Elia), think about replacing your complicit council members who refuse to dismiss or reprimand a staff that weasels its way out of compliance or mushrooms (buries) debate over and over again. That’s the real message.

Several months ago, in another well-publicized confrontation, I reached out to the commission regarding the homeless shelter in Laguna Canyon. In that case, I correctly contended that a Conditional Use Permit (CUP) and a Coastal Development Permit (CDP) should have been required. This would have meant at least one Planning Commission hearing, one City Council hearing, then if challenged (appealed) a Coastal Commission hearing to sustain those permits.

It would have provided Laguna Beach residents multiple opportunities to confront the inertial will of City Hall on a level, transparent playing field.

It is no secret that the Coastal Commission staff has long held a disdain and suspicion for our non-compliance posture, and so incidents like the curfew appeal simply build on a pitiful track record by the city.

Chronic violators, repeat offenders are always given more scrutiny, and our staff has created that hostile atmosphere with the Coastal Commission.

In my case, Coastal Commission staff concurred in their e-mail response to me and I forwarded that response to City Hall.

Too close to the city’s proposed opening date, the city desperately searched for a way around the problem of compliance and declared it a health and public safety emergency.

Circumventing local hearings and outside public agency review, this made the city exempt, a strategy that robbed us of democratic due process and a real voice.

I got a lot of hateful e-mail and phone calls, but the fault was actually that of a city bureaucracy that either hadn’t or wouldn’t do its homework.

Locals should have been asking themselves why their supposedly professional staff hadn’t dealt with this appellate potential and made the shelter bulletproof from the get go. They’re well paid, why can’t they get it right the first time?

The next time Lagunans get exasperated and upset at those of us who rightfully demand compliance, they should reflect that if the city staff and council are unable to anticipate such appeals then maybe the fault is with them, not us.

We as a city are not being served well, and a thorough housecleaning next election might remove the mechanisms and mindset that leave Laguna so vulnerable to intervention.

ROGER VON BÃœTOW

Laguna Beach

Editor’s note: Roger von Bütow is Founder and Executive Director of the Clean Water Now!

Drivers be aware of deer on the road

Hercules and Wonder are regular visitors among a host of critters who visit our garden. These deer spend most of their grazing time in the steep canyon watershed east of Laguna.

This time of year marks the end of their foraging season, because compounded by drought conditions in our state, there is little water or green vegetation left for them to eat in the watershed. They supplement their diet by temporarily grazing our neighborhoods, often taking a break by resting on cool grass or ice-plant.

Recently a deer was killed by a motorist on Top of the World. These deer share our streets and gardens any time of the day or night while looking for food. So drive aware, slow down and give these critters a chance to cross the road safely. Starting with the new rainy season their natural habitat in the lower canyons will regenerate and these deer will again migrate to greener pastures.

LES MIKLOSY

Laguna Beach