URGENT-Laguna Beach May Close Diving - Meeting Tues 11/3

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scubacalifornia

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Location
Mission Viejo, CA
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This is copied with permission from a post on OCdiving.com a few minutes ago. There is a city council meeting this upcoming Tuesday, 11/3. Please come and bring friends. Let's keep our beaches open 24/7 for diving.

All Divers;

I have been watching the unfolding of regulations and restrictions by the City of Laguna Beach and others over the past years that would have an affect on our scuba diving experiences in Laguna Beach. Some of these restrictions have rightfully come about because of how we divers may have shown up in a way that was not respectful of other and others properties. Some have come about simply because we were in the path of other issues that the City rightfully needed to address.

On October 20, 2009, the City Council of the City of Laguna Beach held a meeting and after consideration of a recommendation of Staff, introduced an ordinance that states in part:

“Except as otherwise provided in this Title 18 of the Municipal Code, all City beaches and parks shall be closed to public use at twelve midnight and shall remain closed until five a.m.”

The ordinance was revised to include the times of 1:00 a.m. to 5:00 a.m.

In addition the ordinance states, in part:

“Except as otherwise provided in this Title 18 of the Municipal Code, no person shall enter, remain or stay on any City beach or in any City park at any time when such beach or park is closed to public use.”

Finally, the ordinance states in part:

“The provisions of this chapter shall not apply to such activities as may be expressly permitted by preemption of State law or as may be allowed pursuant to a resolution of the City Council…”

As stated in the Ordinance, it was proposed to address the increase in the number of reported and/or observed illegal activities and the increase in the number of reported and/or observed conduct constituting a public nuisance occurring on City beaches and in City parks during the late evening and early morning hours. It was offered to protect the health, safety and welfare of residents and visitors of the Community by reducing illegal activities and by abating nuisance-related conduct and conditions taking place during these late evening and early morning hours. None of these allegations of illegal activities or nuisance conduct are directed specifically at the scuba diving community. There are however, some Laguna Beach residents who would like to see the elimination of scuba diving in the Community because of some of the noise and conduct problems of a minority of the diving community. If the Ordinance is adopted, the scuba diving community will be faced with the consequences of the proposed restrictions.

A motion was made by Councilperson Iseman and seconded by Councilperson Pearson and with a 4/1 votes was passed to introduce the Ordinance as amended to provide for the establishment of closing times for parks and beaches between 1:00 a.m. and 5:00 a.m. and to revisit it on June 15, 2010, and to waive further reading of the Ordinance and pass it to second reading. The sole vote against the approval of the ordinance was Councilperson Rollinger.

The Ordinance will become law 30-days after second reading with the approval of the second reading of the ordinance on Tuesday, November 3, 2009 at the Council meeting starting at 6:00 p.m. as Agenda Item #10. I spoke with Councilperson Rollinger today and she informed me that there will be an opportunity to speak before the Council when this item comes up for consideration. I also spoke with Mr. Ken Frank, City Manager of the City and he indirectly encourage me to attend and have members of the diving community in attendance Tuesday evening, and that there might be a solution to the objections of the restrictions on scuba diving during these hours.

Per the Ordinance, I am going to ask the City Council to adopt a resolution to exempt scuba divers from the time limitations and restrictions of the ordinance. If we, the scuba diving community, are to be successful in this, I am asking that anyone who receives this e-mail attend the meeting and invite your scuba diving buddies, partners, friends, family and others to attend the meeting to show support for this request of exempting scuba divers. Forward this e-mail out to everyone you know who is in the diving community.

In the past the collective scuba diving community has either not been pro-active in protecting their interests in such issues or have been apathetic. We have criticized actions that have been taken after the fact, rather than constructively standing as a unified constituency before the City Council and the Community. Or, we have simply ignored what is taking place, only to be faced with the consequences of actions that we don’t agree with.

Our ability to gain an exemption will not simply come from me or a few others standing in front of the City Council making a request. Our success will come from filling the City Council chambers with scuba divers that use the Laguna Beach beaches and those that support our cause. So I am asking, inviting and empowering us to take the time and come down to the meeting on Tuesday and stand hand-in-hand as a collective group to ask for what we want. If we don’t, we will face the consequences of not being able to night dive past 1:00 a.m. More importantly, we will be tacitly conceding to the limitations and restrictions on diving in Laguna Beach that may continue to come forth in the future, ultimately leading to the possibility of no lobster hunting, day diving restrictions of specific beaches, and other restriction that will simply not serve the diving community.

You can sit back and be apathetic observers of the process only to face the consequences of the outcome of these decisions, or you can pro-actively join the collective will and show up at 6:00 p.m. on Tuesday, November 3, 2009 and show your support for a) the exemption I will be offering; and b) objection to further restrictions, directly or indirectly, on the diving community in Laguna Beach.

If you chose to come to the meeting, please wear a red shirt or blouse so that we can stand out in the crowd. Be considerate and constructive.

The meeting will be held at:

Laguna Beach City Hall
City Council Chamber
505 Forest Avenue
Laguna Beach, California 92651

I offer you the following quote of Margaret Mead…

“Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever does”

If you want to discuss this with me, please feel free to call me at the numbers below or e-mail me at your convenience.

Thanks for your support,

Marshall B Krupp
Local Scuba Diver

Marshall B. Krupp, President
Community Systems Associates, Inc.
3367 Corte Levanto
Costa Mesa, California 92626
714-838-9900 telephone
714-838-9998 fax
 
am i reading this right we are talking about one in the morning to five in the morning.i dont see the problem. this not closing the beach to diving like your title suggests why would you need to be out there at those times
 
Honestly, I don't have any objections to the beach being closed (to divers and everyone else) between 1am and 5am. However, if this is just the "start of things to come", I do start to have an issue.

Divers need to be respectful and remember that these aren't just dive sites, but they're places where people live. I am guilty of this....as a diver with a bunch of really great buddies, we sometimes end up getting to the beach by 8am and start chatting with one another, completely forgetting that not all the residents want to be awake at 7:30 on a Saturday morning. It's something I try to avoid....but it has happened a few times.

I certainly hope that us divers can be respectful enough that this 1-5am closure doesn't eventually become a "no diving at beaches in Laguna" kind of thing.
 
Laguna's problem is there is no public parking and divers are forced to gear up in residential neighborhoods. They are responding to residents complaints by restricting access instead of providing public parking away from the homeowners.

Meanwhile, we should keep the noise down and not blow out the tanks or regs early in the mornings.
 
Come On...you've mis-lead the forum with your title. I'm OK with the beach being closed from 0100-0500 hours. I too live in a park that is used by the community for sports. I think closing the beach between these hours is reasonable.
 
Anybody else read the title quickly and think that they were going to close the beaches during the month of May?...:shakehead::rofl3:
 
First step: Get a provision to close the beach. Chose I time no one will object to. Get the rule on the books. Then....slowly expand the closure time. The beginning to the end.
 
First step: Get a provision to close the beach. Chose I time no one will object to. Get the rule on the books. Then....slowly expand the closure time. The beginning to the end.

That's exactly what I was thinking, too. Either that or closing it on certain days of the week after the initial time ban goes into effect.

Get the California Coastal Commission involved if it goes through. The beach belongs to all Californians, not to some elite few who can afford ocean front property.
 
Honestly, However, if this is just the "start of things to come", I do start to have an issue.

No the start has already happened... the mpa's I feel will lead to greater impact even for non consumptive divers... But yes like others have said it starts with something small then the rest is easy... Good luck
 
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