Laguna Beach City Council Minutes June 7, 2022
MINUTES
LAGUNA BEACH CITY COUNCIL
REGULAR HYBRID VIRTUAL/IN-PERSON MEETING
June 7, 2022
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, June 7, 2022, in the City Hall, 505 Forest Avenue, Laguna Beach, California, Mayor Kempf presiding.
ROLL CALL
PRESENT: COUNCILMEMBERS: Blake, Iseman, Weiss, Whalen, Kempf PARTICIPATING REMOTELY: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Peter Blake led the Pledge of Allegiance.
INTERVIEWS AND APPOINTMENTS 3:00 р.m.
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INTERVIEWS AND APPOINTMENTS TO THE CITIZENS' AUDIT REVIEW
COMMITTEE
The following applicants were interviewed for a position on the Citizens' Audit Review Committee: Gregory Mech and Caitlin Reyna. Andrews Coyle withdrew his application prior to the meeting.
The City Council voted unanimously 5/0 to appoint Gregory Mech and Caitlin Reyna to the Citizens' Audit Review Committee for a two-year term beginning July 1, 2022, through June 30, 2024, and directed staff to prepare an agenda report to rename the committee to include investment compliance review, and include Mayor Pro Tem Bob Whalen and Mayor Sue Kempf on the committee.
INTERVIEWS AND APPOINTMENTS TO THE ENVIRONMENTAL
SUSTAINABILITY COMMITTEE
The following applicants were interviewed for a position on the Environmental Sustainability Committee: Steve Chadima and Charlie Zender. Applicant Christopher Davis was not present.
The City Council voted unanimously 5/0 to appoint Steve Chadima to the Environmental Sustainability Committee, and appoint Charlie Zender as an alternate, for a two-year term effective immediately, through March 31, 2024.
THERE WAS A 60-MINUTE BREAK WHILE THE CITY COUNCIL HELD ITS CLOSED SESSION MEETING FROM 4:00 P.M. - 5:00 P.M
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Laguna Beach City Council Minutes June 7, 2022
CLOSED SESSION
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Conference with Real Property Negotiator (pursuant to Government Code section 54956.8): one item - price and terms of payment for possible acquisition of property at 30516 Coast Highway; City negotiator is Shoreh Dupuis, City Manager; property owner representative is Roman Catholic Bishop of Orange.
Conference with Labor Negotiators (pursuant to Government Code section 54957.6): Reviewing the parties' positions and giving instruction to its negotiator with regard to the Laguna Beach Marine Safety Association; City negotiator is Shoreh Dupuis, City Manager.
Conference with Legal Counsel Regarding Existing Litigation (pursuant to Government Code section 54956.9(d)(I)): one item - Ghasemian v, City of Laguna Beach (Orange County Superior Court Case No. 30-2011-00527865).
City Attorney Phil Kohn reported that in this evening's Closed Session, the City Council received a status update on negotiations of possible acquisition of property at 30516 Coast Highway, received a status update and provided direction regarding negotiations with the Laguna Beach Marine Safety Association, and received a status update on a possible settlement agreement and
EXTRAORDINARY BUSINESS
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ORANGE COUNTY HOUSING FINANCE TRUST UPDATE
Received and filed an update from the Orange County Housing Finance Trust.
No motion was made.
PUBLIC COMMUNICATIONS
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Anne Girtz announced the 2022 Laguna Bluebelt Photo Contest, which runs through July 5.
Kim Zebot argued against the recently approved MOU with Laguna Presbyterian Church, and suggested other parking alternatives.
Chris Quilter disputed the assertions made in the letter by Anne Caenn that was published in StuNews regarding supposed Brown Act violations and the MOU with Laguna Presbyterian Church.
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Laguna Beach City Council Minutes June 7, 2022
Logan and Kimberly Leeds requested that the trolley service be expanded for Laguna Beach residents on El Toro Road, asserting that it would help reduce traffic, parking demands, and congestion.
Dee Sheldon asked if the City could raise taxes without raising property taxes to add more services, such as more lifeguard stations between Mountain and Main Beach. She also asked if the City's costs for the fire investigation will be reimbursed.
Karyn Philippsen, Laguna Beach Sister Cities, reminded everyone about the Fête de la Musique Laguna Beach on Saturday, June 18, noting that it is a global event.
Chris Catsimanes expressed his issues with the recently approved MOU with Laguna Presbyterian Church and provided some recommendations.
Pat Gallis requested another update on the lawsuits related to historic preservation (Kirby property, Ray property, and the City's Historic Preservation Ordinance update), and asked if there was a way to deter lawsuits.
John Thomas commented that the Orange County Housing Finance Trust presentation was excellent, and asked if the funding was provided as grants or loans. Thomas also asked if the purpose or plan for properties that the City is considering to acquire could be disclosed to the public.
Ruben Flores noted that due to the drought, State water restrictions are being levied, and he suggested that the City implement local restrictions. He also reiterated his suggestion to remove the lawn at City Hall, reduce lawn areas in parks, and put drought-tolerant plants in planters.
Flores also advocated for the use of reclaimed water.
David Goldberg, Three Arch Bay, requested clarification from the Council regarding the authority of the Three Arch Bay Association.
Barbara McMurray, Laguna Beach Cultural Arts Center, announced that the Cultural Arts Center is hosting the city's first ever Juneteenth event on Sunday, June 19, which will include a free screening of "Summer of Soul," a Soul/R&B/blues/funk concert, a Texas barbecue, with beverages, and red velvet cake, and eight quilt art pieces by Allyson Allen never before displayed in Laguna Beach.
Laguna Beach Sister Cities Association (LBSCA), in collaborative sponsorship with the Laguna Beach County Water District (LBCWD), recognized winners of the 2022 YAAS (Young Artists and Authors) Showcase, Laguna Beach High School student Sydney Alderson, Laguna Beach High School student Marlena Steinbach, and Thurston Middle School student Parker Bryan. The winning entries will be posted on the Sister Cities website. -3-
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COUNCIL AND STAFF REPORTS
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City Treasurer Laura Parisi reported on the ad hoc investment meeting, and advised the Council that she has been asked to once again chair the California Municipal Treasurers Association's Legislation Committee. Parisi also advised that she will be on vacation next week.
City Clerk Ann Marie McKay commented on the sudden passing of Verna Rollinger, former Laguna Beach City Clerk for almost three decades and City Council member for one four-year- term, and Rollinger's legacy to Laguna. McKay also noted that it is Election Day for the June primary, and encouraged everyone that has not yet voted to do so before 8:00 p.m., noting that they can register and vote with a provisional ballot at the same time.
Regarding the request to expand trolley service to El Toro Road, City Manager Shoreh Dupuis noted that the OCTA (Orange County Transportation Authority) has a bus, Route 89, that services that area, and the City has not budgeted to accommodate the request with the necessary fleet, drivers, etc; however, she stated that she will have staff determine what gap needs may exist.
City Manager Shoreh Dupuis referenced the 2022 Orange County Register report card on campaign finance laws and transparency in Orange County Municipal Government by Citizens Take Action, in which Laguna Beach received not only an A, but the highest grade. She also noted recent articles on the Coastal Fire that praised Laguna's response and notifications. Dupuis commended all the City staff involved.
Community Development Director Marc Wiener provided an update on Hotel Laguna, advising that they issued a Certificate of Occupancy for the lower-level conference room. Wiener also advised that staff is currently reviewing the hotel's renovation application.
Police Chief Jeff Calvert responded to questions regarding parking enforcement, advising that the City has three parking enforcement officers, which includes a new dual parking enforcement/accident investigator position.
In response to Gallis' request, City Attorney Phil Kohn provided an update on the lawsuits related to historic preservation. He noted that it was announced at the last meeting that the court held in favor of the City in the Kirby case; however, an appeal is expected to be filed. Regarding the Ray property, Kohn reported that the City's motion to dismiss is scheduled to be heard on July 13.
Kohn advised that a status conference on the lawsuit against the City's Historic Preservation Ordinance update is scheduled for July 25; however, the California Coastal Commission is expected to finalize its certification at its July meeting, which would supersede the City's CEQA determination. Kohn also advised that a new lawsuit was filed today challenging the adoption of the City's updated Downtown Specific Plan's provisions related to historic preservation.
Regarding Three Arch Bay, City Attorney Phil Kohn advised that discussions are continuing, and the City is not intending to intervene in internal disputes.
City Attorney Phil Kohn responded to Councilmember Peter Blake that in his opinion, the Council did not violate the Brown Act with the Laguna Presbyterian MOU. Kohn stated that he has not -4-
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made an opinion on whether or not Councilmember George Weiss violated the Brown Act with the meetings he held regarding the MOU, and Councilmember Peter Blake opined that Councilmember Weiss did violate the Brown Act.
Councilmember Toni Iseman noted that Michael Ray's request to take the property off the historic register was denied and asked if any other actions were taken. City Attorney Phil Kohn advised that the decision on the remodel application is part of the lawsuit; however, that decision was not appealed, which is the basis of the City's motion to dismiss.
Councilmember George Weiss reported on the Memorial Day event.
Councilmember Toni Iseman also spoke about Verna Rollinger and her impact on the community.
Councilmember Peter Blake commented on Chris Catsimanes and Laguna Residents First.
Mayor Pro Tem Bob Whalen reported on the ad hoc investment committee meeting and the Emergency/Disaster Preparedness Committee meeting. He also referenced a recent Los Angeles Times article about the City's ability to send out notifications quickly, and he commended the City's state-of-the-art emergency response.
Mayor Sue Kempf noted that the City won the Nation's Most Waterwise City in the National Pledge for Water Conservation for the seventh time. She also thanked the Police and Fire Departments for the special tour of City Hall given to Laguna Beach third graders.
Regarding the Leeds' request for trolley service to those on the outskirts of town, Councilmember Toni Iseman suggested possibly changing routes to make more efficient use of currently empty trolleys.
CONSENT CALENDAR
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Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to approve items 3 - 7, 9, and 11.
MINUTES OF THE CITY COUNCIL MEETING
Approved the Minutes of the Budget Workshop and Regular Meeting of the City Council of May 24, 2022.
WARRANT LISTING
Approved the General Warrants and payroll disbursements.
Warrants: $1,613,889.78 05/13/2022
$ 6.688.64 05/19/2022
$1,620,578.42
Payroll #24: $1,362.556.19 05/20/2022
Total $2.983.134.61
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CITY TREASURER'S MONTHLY INVESTMENT REPORT FOR APRIL 2022 Received and filed the Monthly Investment Report for April 2022.
APPROVAL OF 2022-2024 LAGUNA OPEN VOLLEYBALL TOURNAMENTS Approved the annual Laguna Open Volleyball Tournaments for 2022, 2023, and 2024.
PROCLAMATION CONGRATULATING DEE PERRY BEING RECOGNIZED BY THE WOMAN'S CLUB OF LAGUNA BEACH AS 2022 WOMAN OF THE YEAR Councilmember Toni Iseman pulled this item to recognize Dee Perry and her dedication to the City of Laguna Beach.
Moved by Councilmember Toni Iseman, seconded by Councilmember George Weiss, and carried unanimously 5/0 to approve the Proclamation to congratulate Dee Perry being recognized by the Laguna Beach Woman's Club of Laguna Beach as 2022 Woman of the Year.
AWARD OF CONSTRUCTION CONTRACT FOR ZONES 3 (PARK AVE TO THALIA ST) AND 1A (HOBO CANYON) SLURRY SEAL & REHABILITATION
(1) Awarded and authorized the City Manager to execute contract #22-39 with Excel Paving Company, in the amount of $2,018,725 for the Zones 3 and 1A Street Slurry Seal and Rehabilitation, subject to adoption of the budget for Fiscal Year 2022-23; (2) Awarded and authorized the City Manager to issue a task order to Dudek (contract #22-40), in the amount of $129,200, to provide construction management and inspection services; and
(3) Authorized the City Manager to approve project related expenses and construction change orders for unforeseen circumstances in an amount not-to-exceed $200,000.
10. CITY OF LAGUNA BEACH 95TH ANNIVERSARY CELEBRATION
Councilmember Toni Iseman pulled this item to garner further discussion.
Recreation Supervisor Alexis Braun described the City's 95'h Anniversary Celebration taking place 4:00 p.m. to 6:00 p.m., Wednesday, June 29, 2022, on the cobblestones on Main Beach.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to approve the use of the Main Beach Cobblestone area with a stage for the City's 95" Anniversary event on June 29, 2022, 4:00 p.m. to 6:00 p.m., including use of amplified sound and the bagging of five parking meters for unloading of equipment with no fees applied.
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11. MEMORANDUM OF UNDERSTANDING WITH LAGUNA BEACH UNIFIED
SCHOOL DISTRICT REGARDING ADULT EDUCATION PROGRAM
Authorized the City Manager to enter into the Memorandum of Understanding (MOU) with the Laguna Beach Unified School District (LBUSD) (contract #22-41), to operate an Adult Education Program for the period of June 1, 2022, through May 31, 2025.
12. UPDATE REGARDING EMERGENCY CONCRETE REPAIRS TO THE SOUTH MAIN
BEACH COBBLESTONE AREA
Staff Report: Director of Public Works Mark McAvoy briefly summarized the staff report stating that the cobblestone area was not safe to remain open until the summer and that it required immediate attention for public safety purposes.
Questions of Staff: Mayor Pro Tem Bob Whalen asked about the Main Beach Park renovations. Director of Public Works Mark McAvoy responded that the renovation designs were going before the Planning Commission in the next few months before designs are finalized.
Mayor Pro Tem Bob Whalen requested that the initial concept review of the Main Beach renovations be forwarded to the City Councilmembers.
Mayor Sue Kempf confirmed with staff that these repairs were a stopgap until the project construction commenced.
Councilmember George Weiss asked if this would be the final design for the cobblestone area. Director of Public Works Mark McAvoy responded that these repairs did not preclude any future design modifications.
Councilmember George Weiss stated that while he did not want to spend extra money, he did want to explore other design options in the future.
Public Testimony: Ann Christoph urged the City Council to not replace the current concrete pavement from the 1970s with the same material, but instead to explore utilizing real cobblestones. She questioned the process and suggested replacing the damaged concrete with an inexpensive and temporary solution until the cobblestone area could go through design review.
Bob Borthwick and Ruben Flores stated that they agreed with Christoph, and they explained.
Councilmember George Weiss asked about the costs to replace the area with real cobblestones. City Manager Shoreh Dupuis responded to Councilmember Weiss stating that any changes in the cobblestones would need to go through the design review process and costs would be assessed at that time.
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Mayor Pro Tem Bob Whalen confirmed with staff that the entire cobblestone area required replacement. He commented that he hoped the cobblestones could be upgraded in the future.
Councilmember Toni Iseman suggested a temporary solution to get the project through the summer until it could go through design review when the cobblestones could be upgraded.
Moved by Councilmember Peter Blake, seconded by Mayor Pro Tem Bob Whalen, and carried 3/2 to receive and file the update on emergency repair to the south Main Beach cobblestones.
Roll Call:
Ayes: Blake, Whalen, Kempf
Noes: Iseman, Weiss
REGULAR ORDER
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13. FIRST READING OF AN ORDINANCE ADOPTING A MILITARY EQUIPMENT USE POLICY PER CALIFORNIA ASSEMBLY BILL 481
Staff Report: Police Captain Rachel Johnson briefly outlined the staff report.
Questions of Staff: Mayor Pro Tem Bob Whalen confirmed with Captain Johnson that the staff report included the inventory of the military-defined equipment that the Police Department currently utilized.
Councilmember George Weiss asked if there were intentions to acquire more equipment.
Police Captain Rachel Johnson responded that there were no plans to attain additional equipment at this time.
Public Testimony: Matt Lawson, Kristine Thalman, and Louis Weil stated that they strongly supported the recommended action and they explained.
Moved by Councilmember George Weiss, seconded by Councilmember Peter Blake, and carried unanimously 5/0 to introduce the Ordinance that amends Title 2 of the Laguna Beach Municipal Code by adding Chapter 2.37 pertaining to the adoption of a military equipment policy, by: 1) asking the City Clerk to read the title of the Ordinance; and 2) approving a motion to waive further reading of the Ordinance and pass it to a second reading.
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14. APPROVAL OF PROMENADE ON FOREST PROGRAM PLAN AS A GUIDE TO
DEVELOP TWO DISTINCT CONCEPT PLANS FOR FUTURE CONSIDERATION Staff Report: Capital Program Manager Tom Perez gave a presentation discussing the Promenade on Forest Program Plan.
Questions of Staff: Councilmember Toni Iseman confirmed with Perez that the design process would address tsunami zone requirements.
Councilmember George Weiss encouraged more public input into the design of the Promenade on Forest. He stated the importance of maintaining the use of trees in the area.
Councilmember Toni Iseman asked about setting up an infrastructure to address heating needs. Capital Program Manager Tom Perez responded that staff were investigating several options at this time to address heating concerns.
Mayor Pro Tem Bob Whalen confirmed with staff that there would be several avenues for the public to give their input.
City Manager Shoreh Dupuis stated that a website had already been developed for the project and she described.
Councilmember Peter Blake stated he hoped the Promenade on Forest design would be commensurate with the community of Laguna Beach's future.
Mayor Sue Kempf stated that she supported the public workshop breakout groups to express ideas.
Public Testimony: Jorg Dubin expressed his support for the project, and he stated that he hoped the final design would not be watered down. He commented that public input was important to the process; however, he said it was vital not to "design by committee," and he explained
Greg O'Loughlin commented that he agreed with Mr. Dubin, and it was important not to design a "bland" pedestrian plaza.
Louis Weil stated this was a great opportunity to create a wonderful community gathering area. He suggested including the alley behind Forest Avenue in the project.
Jacob Cherub expressed his disappointment that there had not been more notice given to the public regarding this project.
Chris Catismanes voiced concerns that the residents were not represented as stakeholders in the staff report.
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Ann Christoph stated that she agreed with Mr. Catismanes. She said she did not support the removal of any trees along Forest Avenue, and she expressed her views on the importance of many workshop meetings to garner public input.
Alessandro Pirozzi expressed the need for the residents of Laguna Beach to come together as a community and to focus on the positives and not the negatives of the project.
John Thomas stated that the Downtown Specific Plan did not support a permanent pedestrian plaza.
Councilmember Comments: Mayor Pro Tem Bob Whalen commented that he supported robust public input. He responded to Mr. Thomas' comment that five years ago another conclusion had been reached with the Downtown Specific Plan; however, he said that much had changed in the last five years and 80% of the residents surveyed supported a permanent pedestrian plaza. Whalen stated that he supported the staff recommendations.
Councilmember George Weiss stated that it was important to obtain public input and to ensure the pedestrian plaza did not resemble a food court. He said he supported the staff recommendations and adding more public input.
Councilmember Toni Iseman suggested the entrance to the promenade be highly visible and the entertainment stage have the ability to be moved around the promenade in order to lessen the impact on businesses.
Mayor Sue Kempf responded to the public's comments, and she stated that it was important to build a unique and beautiful plaza.
Moved by Councilmember Peter Blake, seconded by Councilmember George Weiss, and carried unanimously 5/0 to approve the Promenade on Forest Program Plan, moving the first community outreach meeting after Labor Day.
15. PARKING MASTER PLAN SUBCOMMITTEE UPDATE
Staff Report: Senior Planner Anthony Viera gave a presentation updating the Councilmembers on the Parking Master Plan.
Questions of Staff: Councilmember George Weiss asked about the strategies that the subcommittee were pursuing. Senior Planner Anthony Viera responded to George Weiss listing the various parking strategies that the subcommittee was examining.
Councilmember Toni Iseman suggested short-term parking solutions including: utilizing arking lots from businesses in town, placing parking meters in the neighborhoods, an tilizing ACT V for employee parking
Mayor Sue Kempf listed a few of the parking options that the Parking Master Plan subcommittee was investigating.
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Public Testimony: Chris Catsimanes and John Thomas voiced concerns about parking in Laguna Beach.
Mayor Pro Tem Bob Whalen stated there were short-, medium- and long-term parking solutions that would be discussed by the subcommittee.
No Motion was made.
COUNCILMEMBER ITEMS
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16. BUSINESS LICENSE FEES (WEISS)
Mayor Sue Kempf indicated that the Parking Master Plan Subcommittee is reviewing this idea.
17. TI AMO PROPERTY (ISEMAN)
The Council expressed a desire for staff to obtain an appraisal for the site if the Council decides to sell the property.
ADJOURNMENT
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There being no further business, Mayor Kempf at 8:57 p.m., Tuesday, June 7, 2022, adjourned to the Closed Session at 4:00 p.m. and the Regular Hybrid Virtual/In-Person City Council Meeting at 5:00 p.m. on Tuesday, June 21, 2022, at City Hall, 505 Forest Avenue, Laguna Beach California. **** ****
Approved: June 21, 2022
Sue Kempf, Mayor
Ann Marie McKay, City Clerk
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NOTICE OF ADJOURNMENT OF CITY COUNCIL MEETING
(GOVERNMENT CODE SECTION 54995
EXCERPT OF THE MINUTES OF THE
HYBRID VIRTUAL/IN-PERSON REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH
June 7, 2022
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The hybrid virtual/in-person Regular Meeting of the City Council of the City of Laguna Beach was held at 5:00 p.m., Tuesday, June 7, 2022, in the City Council Chambers, 505 Forest Avenue, Laguna Beach. California
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PRESENT COUNCILMEMBERS: Blake, Iseman, Weiss, Whalen, Kempf PARTICIPATING REMOTELY: None
ABSENT: COUNCILMEMBERS: None
ADJOURNMENT
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There being no further business, Mayor Kempf at 8:57 p.m., Tuesday, June 7, 2022, adjourned to the Closed Session at 4:00 p.m., and the hybrid virtual/in-person regular City Council meeting at 5:00 p.m., Tuesday, June 21, 2022, at City Hall, 505 Forest Avenue, Laguna Beach, California. ***************
STATE OF CALIFORNIA
COUNTY OF ORANGE SS.
CITY OF LAGUNA BEACH
I, Ann Marie McKay, City Clerk of the City of Laguna Beach, California, do hereby certify that the foregoing is a full, true, and correct copy of the Minute entry on record in my office. IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Laguna Beach, California, on this 8' day of June 2022.
Cuik
City Clerk of the City of Laguna Beach California
_CORPORATED
JUNE 28,192
CERTIFICATE OF POSTING
NOTICE OF ADJOURNMENT
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I, Ann Marie McKay, City Clerk of the City of Laguna Beach, California, DO CERTIFY that at the hybrid virtual/in-person Regular Meeting of the City Council held on Tuesday, June 7, 2022, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on June 8, 2022, at the hour of 9:30 a.m., a copy of the Notice was posted at a conspicuous place on or near the door of the place at which said meeting of the City Council was held.
City Clerk of the City of Laguna Beach, California