McKay, Ann Marie CC
Subject: Sunshade and Surfing/Swimming code changes Agenda Item #12 From: Beaches For All <[email protected]>
Sent: Monday, April 27, 2026 5:31 PM
To: McKay, Ann Marie CC <[email protected]>
Subject: Re: Sunshade and Surfing/Swimming code changes Agenda Item #12 correction -I apologize the first sentence should indicate the April 14th agenda item was misagendized and had agenda problems.
---- Forwarded message --------
From: Beaches For All <[email protected]>
Date: Mon, Apr 27, 2026 at 5:25 PM
Subject: Sunshade and Surfing/Swimming code changes Agenda Item #12 To: <[email protected]>
Dear Laguna Beach City Council,
We respectfully request you do not perform a second reading on the ordinance changes related to agenda item #12 due to the fact that the first reading on April 12th 2026. Please acknowledge the following Demand to Cure and Correct letter below.
Sincerely,
Beaches for All
Re: Demand to Cure and Correct - Brown Act Violations and Misleading Legislative Record April 14, 2026 City Council Meeting (Agenda Item #16)
Dear City Clerk:
Pursuant to Government Code §54960.1, this letter constitutes a formal demand that the City of Laguna Beach cure and correct multiple violations of the California Brown Act arising from actions taken by the City Council on April 14, 2026, under Agenda Item #16.
These violations include (1) a materially misleading and legally deficient agenda description, and (2) the use of a staff report and redline document that failed to accurately represent existing law and the scope of proposed changes.
1. Materially Misleading Agenda Description
1 Government Code §54954.2 requires that an agenda provide a "brief general description" sufficient to inform the public of the business to be transacted.
The April 14, 2026 agenda described Item #16 in terms of "special event permits" and related matters.
However, the Council's action included substantive, generally applicable regulatory changes, including:
• Adoption and/or introduction of new restrictions on sunshades affecting general public use of City beaches; and
• Adoption and/or introduction of changes to swimming and surfing regulations, including so-called "blackball" rules governing ocean use.
These are permanent, citywide public access and use regulations, not limited to special events.
A reasonable member of the public reviewing the agenda would not have been on notice that such sweeping changes would be considered. The agenda therefore affirmatively mischaracterized the scope of the action and failed to comply with the Brown Act.
2. Subsequent Agenda Revision Confirms Defect
The City's subsequent agenda for the second reading (Agenda Item #12, April 2026) appears to expand or "clean up" the description of the ordinance.
This post hoc revision is strong evidence that the original April 14 agenda description was inadequate.
Despite this revision, the agenda still fails to clearly disclose changes to swimming and surfing regulations, demonstrating a continuing lack of proper notice.
3. Misleading and Defective Redline in Staff Report
The Brown Act violation was compounded by the City's use of a misleading redline document in the April 14 staff report.
The redline purports to show:
• Existing code in black text; and
• Deletions/additions in red text.
However, comparison to the City's published Municipal Code demonstrates that the redline does not accurately reflect existing law.
For example:
• The redline identifies $18.20.020 as "Swimming and Surfing—Hazardous conditions"; • The current Municipal Code identifies $18.20.020 as "Surfing-Time and place permitted." 2 This is not a minor formatting issue. It reflects a fundamental mismatch between the redline and the actual code, including section numbering and substantive content.
As a result, the redline:
• Misrepresents what constitutes existing law;
• Obscures the scope and nature of proposed changes; and • Misleads both the public and decision-makers.
A legislative body cannot satisfy the Brown Act by providing materials that purport to disclose changes while in fact mischaracterizing the underlying law.
4. Legal Consequences
Because the City:
• Failed to provide adequate agenda notice; and
• Relied on misleading legislative materials;
the actions taken on April 14, 2026 are null and void under Government Code §54960. 1(a)(1).
The combination of defective notice and misleading documentation deprived the public of a meaningful opportunity to understand and participate in the decision-making process.
5. Demand to Cure and Correct
The City must cure and correct these violations by:
1. Rescinding all actions taken under Agenda Item #16 on April 14, 2026, including any resolutions, ordinance introductions, or direction to staff;
2. Re-noticing the matter with a legally adequate agenda description that clearly discloses all proposed regulatory changes, including:
• Sunshade restrictions; and
• Swimming and surfing (blackball) regulations;
3. Providing a corrected and accurate redline that:
• Properly reflects existing Municipal Code provisions; • Accurately identifies deletions and additions; and
• Uses correct section numbering and content consistent with the published code.
6. Deadline for Response
3 The City is required to respond within 30 days of receipt of this demand, stating whether it will cure and correct the challenged action.
If the City fails to do so, I will consider all available legal remedies, including seeking judicial relief to invalidate the action and recovery of attorneys' fees as permitted by law.
7. Reservation of Rights
This demand is made without prejudice to any other claims, including those arising under the California Coastal Act or other applicable laws governing public access and coastal resources. 3 Exhibits:
Exhibit #1 April 14th Agenda Description:
16. FIRST READING OF AN ORDINANCE AMENDING TITLE 18 AND SECTIONS 6.16.020 AND 8.04.010 DOWNLOAD
OF THE LAGUNA BEACH MUNICIPAL CODE AND ADOPTION OF A RESOLUTION FOR SPECIAL EVENTS
Recommendations:
1. Adopt the Resolution titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA BEACH, CALIFORNIA, ESTABLISHING LOCATIONS WHERE SPECIAL EVENTS ARE ALLOWED AND RULES AND REGULATIONS GOVERNING SPECIAL EVENTS; ANI
FINDING THE ACTION CATEGORICALLY EXEMPT FROM CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTION 15304"; and
2. Waive the full reading and introduce by title only, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, AMENDING TITLE 18 AND SECTIONS 6.16.020 AND
8.04.010 OF THE LAGUNA BEACH MUNICIPAL CODE; AND FINDING SUCH ACTION
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CEQA GUIDELINES SECTION 15304".
Exhibit #2 Redline from April 14th
$ 18.20.020. Swimming and Surfing-Hazardous conditions.
At any time when conditions become hazardous as a result of storm, congestion of persons, or other conditions which cause a present danger to persons swimming, surfing, or to others using the beach, including the water, the city manager, marine safety chief, or police chief or theil authorized designees, or any other officer or employee designated by the city council, may prohibit swimming and surfing with a surfboard, paddleboard, or similar device during the period of such hazardous conditions. No person shall fail, refuse, or neglect to stop swimming or surfing or fail. refuse, or neglect to leave the water when ordered to do so by any such employee of the city.
Exhibit #3 Existing code section description:
4 Title 18. Beach and Parks
Chapter 18.20. SURFING
§ 18.20.010. Surfing defined.
"Surfing." as used in this chapter, means the use in the Pacific Ocean adjacent to the shoreline within the boundaries of the city of any surfboard, paddleboard, or other similar object made entirely or partially of wood, metal, glass, hard plastic or any other hard substance. (Ord. 465 § 1; 1953 Code § 7441)
* § 18.20.020. Surfing-Time and place permitted.
Area No. 1: That area lying between a point one hundred fifty feet south of the southery extension of Brooks Street and a point one hundred fifty feet north of the northerly extension of Brooks Street only during the hours from sunup to sundown;
Area No. 2: That area lying between a point ninety feet south of the southerly extension of St. Ann' rive and a point two hundred feet south of the southern extension of Thalia Street only during the hours from sunup to sundown:
Area No. 3: That area lying between Victor Hugo's Point and the stairway entrance below Jasmine Street only during the hours from sunup to sundown;
Area No. 4: That area lying between a point one hundred twenty-five feet south of the southerly extension of Agate Street and a point one hundred feet north of the northerly extension. The hours of surfing to be from sunup until twelve noon and then five p.m. until sunset; Area No. 5: Those areas as designated and during the times as designated by the city manager, marine safety chief or police chief or their authorized designees, or any other officer or employee designated by the city council. Said areas will be delineated with posted signs/flags. (Ord. 491; Ord. 465 § 1; 1953 Code § 7442; Ord. 623 § 1, 1969; Ord. 1091 § 1, 1985; Ord. 1684 § 8, 5 McKay, Ann Marie CC
Subject: Canopy & Tent ordinance
From: Susan
Sent: Monday, April 27, 2026 2:59 PM
To: City Council <[email protected]>
Subject: Fwd: Canopy & Tent ordinance
Dear Mayor Orgill and City Council Members,
I'm writing to request your consideration with expanding the Council's proposed changes to the ordinance for canopies and tents at LB beaches to also include adjacent beach parks.
If the Council moves forward with restricting or banning large canopies on the sand - but does not address their use in adjacent beach parks - we risk shifting the problem, not solving it.
Our beach parks are often even smaller and more constrained than the our beaches yet they are directly connected to the beach experienced. And, if large structures are restricted on the beach for safety, visibility, and overcrowding, those same principles apply, arguably even more strongly, to the adjacent parks.
The goal should be to ensure beaches and adjacent parks remain accessible, and enjoyable for the greatest number of guests and residents, not just those who arrive earliest or bring the most equipment.
Public space should be equally available.
Please update the canopy and tent ordinance to include adjacent beach parks to protect shared access and fairness in our limited public spaces.
Sincerely,
Susan Kinsey
McKay, Ann Marie CC
Subject: CoolCabanas in Beach Shade Ordinance
From: Angus Fraser
Sent: Monday, April 20, 2026 8:26 AM
To: City Council <[email protected]>
Subject: CoolCabanas in Beach Shade Ordinance
Dear Mayor Rounaghi, Mayor Pro Tem Orgill, and Councillors Kempf, Whalen, and Jones, I'm writing ahead of Tuesday's vote on the proposed beach shade structure ordinance to ask the Council to consider an exemption for CoolCabana-style shade structures.
I am sure we can agree that:
1. Access to sufficient beach shade is not a luxury. Sun-related illness, skin cancer, and heat exhaustion are serious concerns for beach-goers, particularly families with young children and those with a history of skin cancer.
2. Large, full-frame shade structures like EZ-Ups do create problems. They are overly large in both height (blocks lifeguard views) and footprint, difficult to set up, and encourage the kind of all-day occupation of beach space that impacts other visitors.
3. Standard beach umbrellas fall short for most families. They are simply too small to adequately shelter more than one or two people and often fly down the beach or the frame flips inside out.
The CoolCabana sits in the gap between these two inadequate options. We provide full family-sized shade coverage through a single central pole, anchored by four sand pockets, with no rigid frame, no walls, and no large footprint. Easy setup in under two minutes also discourages beachgoers from leaving their shade up longer than necessary.
We respectfully ask you to consider the above in your ordinance and welcome the opportunity to demonstrate the product to Council or Marine Safety staff ahead of Tuesday's vote.
Thank you for your consideration,
Angus Fraser