Laguna Beach City Council Minutes July 19,2022
MINUTES
LAGUNA BEACH CITY COUNCIL
REGULAR HYBRID VIRTUAL/IN-PERSON MEETING
July 19, 2022
A Regular Hybrid Virtual/In-Person Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, July 19, 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
Mayor Pro Tem Bob Whalen led the Pledge of Allegiance.
Moved by Mayor Sue Kempf, seconded by Councilmember Peter Blake, and carried unanimously 5/0 to add one emergency item to tonight's agenda regarding meeting format to address the rapid increase in Covid cases in the community.
INTERVIEWS & APPOINTMENTS - 4:30 P.M.
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INTERVIEWS AND APPOINTMENTS TO THE EMERGENCY/DISASTER
PREPAREDNESS COMMITTEE
application).
The City Council voted unanimously 5/0 to appoint Julian Harvey to the Emergency/Disaster Preparedness Committee, and William Dodge as a second alternate, for two-year terms, effective immediately, through June 30, 2024.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember George Weiss and carried unanimously 5/0 to extend the terms of Ernest Hackmon, Matt Lawson, and Tim Templeton to June 30, 2024
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Laguna Beach City Council Minutes July 19, 2022
PUBLIC COMMUNICATIONS
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Ganka Brown provided photos to reiterate her concerns about the vines that continue to grow and cover vegetation. She also asserted that she is not receiving responses to her emails that are sent to City staff and has heard similar claims from other people.
Mary Carter spoke about affordable housing and requested an update on when the Housing and Human Services Committee would be reporting to the City Council on its progress regarding this issue.
Faye Baglin, Laguna Beach Arts Alliance and Community Arts Project, reported that the Alliance has its arts calendar in StuNews so the community is aware of all the arts-related events occurring, She thanked City Manager Shoreh Dupuis and Mayor Sue Kempf for attending the recent dedication of the Community Arts Project mural on Glenneyre Street, and requested that the Community Arts Project murals be included in the public arts brochure on the City's website.
Chris Catsimanes played a video from the previous Council meeting to assert his views on proper meeting procedures related the Councilmember Peter Blake's behavior.
Ed Sauls addressed concerns that have been expressed related to the Presbyterian Church MOU with the City for a parking garage. He asserted that there is community need and desire for the project, that the project will pay for itself from parking fees, and that the partnership is fair to Gene Felder referenced MJ Abraham's previous comments about meeting procedures related to addressing meeting disturbances and requested that those suggestions be considered.
COUNCIL AND STAFF REPORTS
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City Ireasurer Laura Parisi advised the Council on her intention to include ESG (Environmental, Social & Governance) as an addendum of the investment policy in response to the Council's previous direction. Mayor Pro Tem Bob Whalen requested that she provide her recommended approach to the ad hoc subcommittee to review.
City Clerk Ann Marie McKay announced that the nomination period is now open for Laguna Beach residents interested in running for City Council in the November 8 general election; appointments to pull nomination papers can be made by emailing or call her directly at [email protected] or (949) 497-0309.
City Manager Shoreh Dupuis requested that Ms. Brown contact her directly with specifics so they can be addressed, because City policy is to respond within 24 hours. -2-
Laguna Beach City Council Minutes July 19, 2022
Regarding affordable housing initiatives, City Manager Shoreh Dupuis advised that the City is in the process of hiring to fill the new Housing Administrator position approved with the Fiscal Year 2022-23 budget, who's primary responsibility will be implementing housing programs and initiatives.
Regarding the Community Arts Project murals, City Manager Shoreh Dupuis advised that she will have staff look into including the murals in the public art information available on the City's website.
City Manager Shoreh Dupuis noted that the cause of the Emerald Fire was determined to be sparks from overhead powerlines.
City Manager Shoreh Dupuis announced that the California Coastal Commission certified the City's Local Coastal Program amendment for the updated Historic Preservation Ordinance on July 13, 2022, so the revised ordinance is now in effect. City Attorney Phil Kohn responded to Mayor Pro Tem Bob Whalen's question regarding the lawsuit, advising that the plaintiffs filed the lawsuit in San Francisco Superior Court, which is being questioned as the appropriate venue.
Councilmember George Weiss reported on the concert at Bluebird Park and on the recent Environmental Sustainability Committee meeting. Councilmember George Weiss referenced the video shown by Catsimanes during public communications and questioned discrepancies between the video posted on the City's website and the video recorded by a member of the public of the live Zoom feed, alleging that the video on the City's website was altered. Councilmember George Weiss made a motion to censure Councilmember Peter Blake for the language he used.
City Clerk Ann Marie McKay responded to Councilmember George Weiss' concerns related to the video of the previous meeting, explaining the different platforms used to stream the Council meetings, and the limitations of sound being picked up when someone is not speaking directly into a microphone that is on. She assured that the video was not altered in any way.
In response to Councilmember Toni Iseman's question on when the environmental review will occur on the proposed parking structure at the Presbyterian Church, City Manager Shoreh Dupuis advised that staff is working on obtaining a contract for a consultant, which will need Council approval prior to execution.
Regarding Ms. Brown's claims of citizens receiving no response to emails, Councilmember Toni Iseman asserted that she has had the same experience; however, City Manager Shoreh Dupuis detailed the response given to Councilmember Toni Iseman in the example Councilmember Iseman gave.
Regarding meeting decorum, Councilmember Toni Iseman seconded Councilmember George Weiss' motion to censure Councilmember Peter Blake.
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Laguna Beach City Council Minutes July 19, 2022
Councilmember Peter Blake congratulated the City on the Local Coastal Program amendment certification for the updated Historic Preservation Ordinance. City Attorney Phil Kohn responded to Councilmember Peter Blake's question regarding lawsuits that there is nothing new to report on the Kirby lawsuit, and last week's hearing on the Ray property was continued to September to address new issues raised at the hearing.
Referencing the recently reported cause of the Emerald Fire, Mayor Pro Tem Bob Whalen stated that the City must develop a plan to get utilities undergrounded.
Regarding the motion to censure Councilmember Peter Blake, City Attorney Phil Kohn advised that it would not be inappropriate for the Council to consider the motion; however, action would be limited to directing that the censure be placed on the agenda for a future meeting.
Mayor Sue Kempf reported on the Festival of Arts Board, noting that the festivals are nearly back to pre-pandemic levels. She also assured that she has not muted anyone.
REGULAR ORDER
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EMERGENCY ITEM NO. 7 was heard at this time.
7. FINDINGS FOR VIRTUAL MEETINGS OF CITY COUNCIL AND CITY
COMMISSIONS, COMMITTEES, BOARDS AND OTHER BODIES PURSUANT TO ASSEMBLY BILL 361
Staff Report: City Manager Shoreh Dupuis explained that Mayor Kempf had voiced concerns that procedures were not in place should a Councilmember contract COVID-19 and still desired to participate in the City Council meeting via Zoom. She stated that under Assembly Bill 361 a resolution needed to be approved every 30 days to allow for the Council.
Committees, and Commissions to participate virtually.
Mayor Sue Kempf described a scenario when the protocol would be required.
Councilmember George Weiss stated that he supported the emergency item for public safety purposes.
Mayor Pro Tem Bob Whalen commented that he supported the item and he confirmed with staff that there were not adequate Zoom capabilities in the Susi Q Community Center at this time.
Moved by Councilmember Peter Blake, seconded by Councilmember George Weiss, and carried unanimously 5/0 to adopt Resolution #22.060 titled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, MAKING
FINDINGS AND DETERMINATIONS FOR AUTHORIZING VIRTUAL MEETINGS OF
CITY COUNCIL AND CITY COMMISSIONS, COMMITTEES, BOARDS AND OTHER BODIES PURSUANT TO ASSEMBLY BILL 361," in response to the rising number of Covid cases in the community.
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Laguna Beach City Council Minutes July 19, 2022
REQUEST TO REMOVE A "C"- RATED PROPERTY FROM THE HISTORIC REGISTER AT 2920 ALEXANDER ROAD
Staff Report: Senior Planner Wendy Jung gave a presentation describing the property at 2920 Alexander Road and the reasons the homeowner was requesting to be removed from the Historic Register.
Councilmember George Weiss commented there were homes that had been placed on the Historic Register that did not meet the historic standards and should be removed.
Public Testimony: Jerry Ruben, homeowner at 2920 Alexander Road, requested the City Council approve the removal of the C-rated property from the Historic Register because the house failed all of the criteria to meet the historic standards.
Councilmember Comments: Mayor Pro Tem Bob Whalen commented that he supported the removal of the property from the Historic Register and findings should be made that it was not a historic resource.
Moved by Mayor Pro Tem Bob Whalen, seconded by Councilmember Peter Blake, and carried unanimously 5/0 to remove 2920 Alexander Road, a C-rated property, from the City's Historic Register, with the additional finding that the property does not and did not meet the historic criteria, with the condition that the previously waived building permit fees be paid and approve a categorical exemption from the California Environmental Quality Act.
2. PLACEMENT OF SEWER SERVICE AND RESIDENTIAL SOLID WASTE
COLLECTION FEES AS SPECIAL ASSESSMENTS ON THE COUNTY TAX ROLL Staff Report: Director of Administrative Services Gavin Curran described the annual request for the special assessments on the County tax roll.
Questions of Staff: Councilmember George Weiss confirmed with Curran that there had been a 2.5% increase in the residential solid waste fee and a 6% increase in the sewer service fee in the last year.
Moved by Councilmember George Weiss, seconded by Councilmember Toni Iseman, and carried unanimously 5/0 to confirm the assessments for sewer service and residential solid waste collection and authorize transmittal of these assessments to the County of Orange for placement on the 2022-23 County Tax Roll.
CONCEPT USE PLAN AND FINANCIAL STRATEGIES FOR 30516 COAST
HIGHWAY
Staff Report: City Manager Shoreh Dupuis gave a presentation that introduced the agenda report. She stated that staff were looking into purchasing the property, and she was seeking input from both the City Council and public on the potential usages for the property at 30516 Coast Highway, which had been previously utilized as a Catholic school in South Laguna.
Capital Program Manager Tom Perez continued with the presentation, describing the property and listing the potential use concepts.
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Laguna Beach City Council Minutes July 19,2022
City Manager Shoreh Dupuis presented staff's recommendation.
Councilmember George Weiss stated that he was impressed with the level of quality and details of the buildings and property.
Public Testimony: Sally Ann Sheridan, Chris Catsimanes, Cindy Prewitt, Samuel Goldstein, Jacob Cherub, Ann Christoph, Alex Rounaghi, John Thomas, and Johanna Felder commented that they supported moving forward with investigating the purchase of the property, and they explained.
Councilmember Comments: Mayor Pro Tem Bob Whalen stated that he had never witnessed complete unanimity on an item in public comment and residents' concerns should be addressed. He thanked staff and real estate agent Bob Chapman for his perseverance.
Whalen stated that he agreed with public comment that it was a once in a lifetime opportunity and staff should move ahead with both the short-term and long-term options.
Councilmember Toni Iseman commented that she was impressed with the quality of construction, and she believed it would assist in solving many of the issues in the community.
She added that it was important to maximize this opportunity.
Councilmember George Weiss stated that he agreed with the previous comments, and he supported the usages suggested regarding the chapel. He questioned the public's concern with partnering with the school district on the project.
City Manager Shoreh Dupuis commented that she reached out to the school district, and they were extremely interested in partnering with the City. She advised that she would be meeting with the School District, and would return to the City Council with a report.
Councilmember George Weiss stated that it was worthwhile to investigate the ability to share in the cost of the project.
Mayor Sue Kempf commented on the need for more public input, and she confirmed with staff that more information would be presented at the August 16 City Council meeting.
City Manager Shoreh Dupuis suggested that after the purchase of the property a comprehensive long-term master plan be established with ample public input.
Moved by Councilmember George Weiss, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to direct the City Manager to continue seeking public input and to return to City Council on August 16 with a detailed financial purchase plan and other partnership opportunities.
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Laguna Beach City Council Minutes July 19, 2022
RESOLUTIONS TO EXPRESS OPPOSITION AND DESIGNATE AUTHORS FOR
DIRECT AND REBUTTAL ARGUMENTS FOR BALLOT MEASURES APPEARING ON THE NOVEMBER 2022 GENERAL ELECTION BALLOT
Staff Report: Assistant City Manager Ken Domer gave a presentation discussing three resolutions of opposition to the three voter-initiated ballot measures appearing on the November 2022 general election ballot.
Councilmember George Weiss confirmed with the City Attorney how the authors of the arguments to support or oppose the ballot measures would be selected.
Public Testimony - Laguna Residents First (LRF) ballot measure: Michael Morris, David Raber, Anne Caenn, Chris Catsimanes, Trish Sweeney, and Jacob Cherub discussed the need for the resolution to accurately report the arguments in the LRF ballot measure and to properly represent the ballot initiative. They listed specific resolution amendments.
Erin Slattery, Laguna Beach Chamber of Commerce, requested the City Council oppose all three ballot measures because they were not in the best interest of Laguna Beach residents and businesses.
City Manager Shoreh Dupuis responded to the public's comments, and she clarified the impact of the ballot measure on development in Laguna Beach and the rationale for the statements in the resolution.
Director of Community Development Marc Wiener and Assistant City Manager Ken Domer responded to each of the resolution amendments raised by the public and a discussion ensued.
Councilmember Comments: Mayor Pro Tem Bob Whalen stated that in general he supported the text; however, he said there were some minor modifications that could be made to the resolution, and he explained.
Mayor Sue Kempf commented that the LRF ballot measure was complex and another meeting to discuss it further would be required. She suggested the list of authors to make rebuttal arguments against the LRF ballot measure as herself, Mayor Pro Tem Bob Whalen Thomas Padden, Laguna Beach Firefighters Association, Police Chief Jeff Calvert, and Chris Quilter.
Moved by Mayor Sue Kempf, seconded by Mayor Pro Tem Bob Whalen, and carried 3/0 (Councilmembers Iseman and Weiss abstained) to adopt Resolution #22.061 titled,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH,
CALIFORNIA, EXPRESSING OPPOSITION TO THE BALLOT MEASURE TITLED, "AN ORDINANCE CREATING AN OVERLAY ZONING DISTRICT AND REQUIRING VOTER APPROVAL OF MAJOR DEVELOPMENT PROJECTS," TO BE SUBMITTED TO THE VOTERS ON NOVEMBER 8, 2022, AND DESIGNATING AUTHORS FOR DIRECT AND REBUTTAL ARGUMENT," with Section 4 revised as proposed by statt, he whereas clauses revised as proposed by Mayor Pro Tem Bob Whalen, and designatins Mayor Sue Kempf, Mayor Pro Tem Bob Whalen, Thomas Padden, Police Chief Jeff Calvert and Chris Quilter as authors for direct and rebuttal arguments. -7-
Laguna Beach City Council Minutes July 19, 2022
Staff Report: Assistant Ken Domer explained the necessary procedures for the City Council to take as it pertained to the two hotel ballot measures.
Public Testimony - UNITE HERE Local 11 union hotel ballot measures: Jonah Breslow, Daniel Array, Florice Hoffman, Don Jones, Juan Martinez, Joe Gordon, Blair McManus, Ada Briceno and several public speakers representing UNITE HERE Local 11 union urged the City Council to reverse its decision and to support of the two hotel ballot measures.
Kurt Bjorkman, General Manager of The Ranch Laguna Beach, Joanna Bear, General Manager of The Surf & Sand Hotel, Mary Rogers, General Manager of The Montage Resort & Spa, and Erin Slattery of the Laguna Beach Chamber of Commerce thanked the City Council for opposing the hotel ballot measures and discussed the negative impact on the residents.
Councilmember Comments: Mayor Pro Tem Bob Whalen commented that he was opposed to the measure related to the development overlaying district. He voiced concerns about the second measure concerning maintaining the living wage requirement and that although the local hotels were meeting the criteria, he wanted to ensure they would keep pace with those standards. Whalen stated that both measures did not address any local Laguna Beach issues and therefore he would be opposing both hotel ballot measures.
Councilmember George Weiss stated that although he supported the LRF ballot initiative, he did not support the hotel development ballot measure and he was undecided on the annual living wage increase initiative, and he explained.
Councilmember Peter Blake commended the Laguna Beach hotels for both their commitment to the community and their dedication to employees, and stated that he would be opposing both hotel ballot measures.
Mayor Sue Kempf stated that she agreed with the majority of Mayor Pro Tem Whalen's comments, and she explained. She suggested the list of authors to make rebuttal arguments against the two hotel ballot measures as herself, Mayor Pro Tem Bob Whalen, Mark Christy, owner of The Ranch at Laguna Beach, J.J. Ballesteros, Chair of Laguna Beach Chamber of Commerce, and Mary Rogers, General Manager of The Montage Resort & Spa.
Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to adopt Resolution #22.062 titled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, EXPRESSING OPPOSITION TO THE BALLOT MEASURE TITLED, "AN ORDINANCE CREATING
A HOTEL DEVELOPMENT OVERLAY ZONING DISTRICT AND REQUIRING VOTER APPROVAL OF HOTEL DEVELOPMENT PROJECTS," TO BE SUBMITTED TO THE VOTERS ON NOVEMBER 8, 2022, AND DESIGNATING AUTHORS FOR DIRECT AND REBUTTAL ARGUMENTS," deleting the last whereas clause and with Section 4 revised as proposed by staff, and designating Mayor Sue Kempf, Mayor Pro Tem Bob Whalen, Mark Christy, J.J. Ballesteros, and Mary Rogers as authors for direct and rebuttal arguments.
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Laguna Beach City Council Minutes July 19, 2022
Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempf, and carried 4/0 (Councilmember George Weiss abstained) to adopt Resolution #22.063 titled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH
CALIFORNIA, EXPRESSING OPPOSITION TO THE BALLOT MEASURE TITLED, "AN ORDINANCE AMENDING THE LAGUNA BEACH MUNICIPAL CODE TO
CREATE A MINIMUM WAGE AND WORKPLACE STANDARDS AND
PROTECTIONS FOR HOTEL EMPLOYEES," TO BE SUBMITTED TO THE VOTERS ON NOVEMBER 8, 2022 AND DESIGNATING AUTHORS FOR DIRECT AND REBUTTAL ARGUMENTS, ," deleting the last whereas clause and with Section 4 revised as proposed by staff, and designating Mayor Sue Kempf, Mayor Pro Tem Bob Whalen, Mark Christy, J.J. Ballesteros, and Mary Rogers as authors for direct and rebuttal arguments.
Moved by Mayor Pro Tem Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to adopt Resolution #22.064 titled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING SECTION 3 OF RESOLUTION NO. 22.049 RELATED TO SUBMISSION OF
INITIATIVE MEASURES FOR INCLUSION WITH THE STATEWIDE GENERAL ELECTION."
COUNCILMEMBER ITEMS
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SOCAL REN COLLABORATION/CITY OF LAGUNA BEACH (WEISS)
Councilmember George Weiss stated that the Environmental Sustainability Committee recommends that the City of Laguna Beach consider collaborating with a Regional Energy Network like SoCal REN, and the Climate Change Subcommittee further recommends that City Council direct City staff to meet directly with SoCal REN in order to explore whether the City should pursue such a collaboration.
Public Testimony: Tim Hayes, Environmental Sustainability Committee, stated that he supported the collaboration with SoCal REN.
Moved by Councilmember George Weiss, seconded by Councilmember Toni Iseman, and carried unanimously 5/0 to direct staff to meet directly with SoCal REN in order to explore whether the City should pursue such a collaboration.
CITY COUNCIL AGENDA SETTING PROCESS (KEMPF)
Mayor Sue Kempf requested Council consideration of a proposed agenda setting process to implement a more efficient approach for placing Councilmember proposals and proposals from City Boards, Commissions, and Committees on agendas.
Moved by Mayor Sue Kempf, seconded by Councilmember Peter Blake, and carried 3/2 to direct staff to prepare an agenda report with a resolution for Council review at an upcoming Council meeting with the proposed agenda setting process for placing Councilmember proposals and proposals from City Boards, Commissions, and Committees on agendas.
Roll Call: Ayes: Blake, Whalen, Kempf; Noes: Iseman, Weiss -9-
Laguna Beach City Council Minutes July 19, 2022
ADJOURNMENT
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There being no further business, Mayor Kempf at 10:03 p.m., Tuesday, July 19, 2022, adjourned to the Special Hybrid Virtual/In-Person City Council Meeting at 5:00 p.m. on Tuesday, July 26, 2022, then 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, August 2, 2022, at City Hall, 505 Forest Avenue, Laguna Beach California.
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Approved: August 2, 2022 Steal
Sue Kempf, Mayor
TulK
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
July 19, 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, July 19, 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 10:03 p.m., Tuesday, July 19, 2022, adjourned to the Special City Council Meeting at 5:00 p.m., Tuesday, July 26, 2022; and the Closed Session at 4:00 p.m., and hybrid virtual/in-person Regular City Council Meeting at 5:00 p.m., Tuesday, August 2, 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 20t day of July 2022.
NCORPORATE City Clerk of the City of Laguna Beach Californing YUNE 29.192°
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, July 19, 2022, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on July 20, 2022, at the hour of 9:00 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.
Cullika
Cly Clok of the City of Laguna Beuch, Califoid