Laguna Beach City Council Minutes October 22, 2024
MINUTES
LAGUNA BEACH CITY COUNCIL REGULAR MEETING
October 22, 2024
A Regular Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, Presser 22, 2024, in the City Mall, 505 Forest Avenue, Laguna Beach, California, Mayor Kempi
ROLL CALL
PRESENT: COUNCILMEMBERS: Orgill, Weiss, Whalen, Rounaghi, Kempf PARTICIPATING REMOTELY: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Mayor Pro Tem Alex Rounaghi led the Pledge of Allegiance.
FACILITIES MASTER PLAN WORKSHOP 3:30 P.M. - 4:30 P.M.
********************************************************* Presentation and Discussion: Staff and consultants gave a presentation regarding the Facilities Master Plan. They responded to the Councilmembers' comments and questions.
Public Testimony: Jacob Cherub, Regina Hartley, Pat Kolenda, John Thomas, Les Miklosy, Jaleesa Peluso, Steve Chadima, Gregory Isreal, Judie Mancuso, Mary Locatelli, Ann Christoph, MJ Abraham and Cindy commented on the Facilities Master Plan and offered their suggestions.
Moved by Councilmember Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Provide feedback and additional direction on the Facilities Master Plan, including a 20-year financial plan, analyze parking options for the CRC (Community & Recreation Center), focus on library improvements/restoration, options for Fire Station 1, and a focus on space for the arts organizations; and
(2) Return with a scope for initiating "Laguna Beach: Path Forward," a long-term strategy focused on prioritizing infrastructure and stewardship projects aligned with the City's goals.
THERE WAS A 30-MINUTE BREAK WHILE THE CITY COUNCIL HELD ITS CLOSED SESSION MEETING FROM 4:30 p.m. - 5:00 p.m.
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Laguna Beach City Council Minutes October 22, 2024
CLOSED SESSION
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1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 31526 & 31532 Coast Highway, Laguna Beach
Agency Designated Representatives: Dave Kiff, City Manager; Jeremy Frimond, Assistant City Manager
Negotiating Parties: Lee Blevins
Under Negotiation: Price and Term
2. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Number of Cases: One (1)
Name of Case: Spotts v. City of Laguna Beach, Orange County Superior Court, Case No. 30- 2023-01333768-CU-PO-CJC
Compensation Claim No. 22-167502, Claimant: Matthew Rolfe
CLOSED SESSION ANNOUNCEMENTS)
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City Attorney Megan Garibaldi reported that all five Councilmembers were present and participated in the discussions, and there was no public comment prior to the City Council convening into the Closed Session. City Attorney Garibaldi stated that there was no reportable action.
ADDITIONS and DELETIONS - None.
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PUBLIC COMMENTS - NON-AGENDIZED ITEMS
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Regina Hartley clarified the comments she made during the Facilities Master Plan workshop, explaining that she meant the CRC (Community & Recreation Center) and/or school below.
Andrea Deerheart, Founder of The Heartway, announced the Día De Los Muertos celebration the organization is hosting on Saturday, November 2, at Anneliese Schools.
Thomas Fleming aka "T" spoke about what he called "dirty politics." Jeff Koegel, Brendon Crigler, Max Isles, and Jacob Cherub expressed concerns regarding a lack of transparency in the approval process for ADUs (Accessory Dwelling Units).
Gene Felder responded to an editorial by another member of the public regarding his comments related to Brown Act violation allegations regarding to the June 29, 2021, Closed Session. -2-
Laguna Beach City Council Minutes October 22, 2024
Sheri Morgan announced the upcoming Laguna Beach High School performance, "Trap." She also commended the City on the Facilities Master Plan process, and expressed support for City pool options. Steve Brown also commended the City on the Facilities Master Plan process.
Pat Gallis requested an update on the lawsuits related to the Downtown Specific Plan and the Historic Preservation Ordinance. He also expressed concern that he was contacted by a member of the public regarding the complaint he submitted to the City and City Council about campaign signs that were placed in City tree wells in the downtown.
Michele Monda thanked City Manager Dave Kiff for having her parking concerns addressed. She also reiterated her request that the City reinstate virtual participation for the public.
Greg Viviani implored the City to pre-plan for the Summer 2025 surge of visitors.
Michelle Highberg and Whitney Wineforder, Just Gather, announce their new "Love One Another" movement and participation in the upcoming annual "Day of Kindness." Jacob Cherub commented on the Neighborhood Congregational Church's affordable housing project.
MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS AND CITY MANAGER ****************************************************************************** City Manager Dave Kiff provided an update on the ADU process, which now has a notification process, which was not previously in place. He also advised on efforts to make the design review process more efficient, and an update will be provided on those efforts during the November 12 City Council meeting. Kiff also recognized the first responders' actions this past weekend in handling the human smuggling incident, and the house fire, which included saving the family's dog. Kiff also advised that Caltrans is dealing with delays in the Coast Highway paving project. He also reported that staff will be meeting with CR&R to address issues related to services for multi-family homes, and he announced a new AI chat bot named "Arty" on the City's website.
City Clerk Ann Marie McKay advised that online voter registration for the 2024 General Election ended yesterday; however, residents may still register to vote through Election Day at the Registrar of Voters or at a Vote Center, and vote with a provisional ballot. McKay also reminded the public that select Vote Centers, including the one at the Laguna Beach Community & Susi Q Center, open on Saturday, October 26, and all Vote Centers, including the one at Lang Park, open on Saturday, November 2. She also warned that removing, maliciously damaging, destroying or defacing signs that are not your property, or on your property, is illegal.
Councilmember George Weiss also commended the first responders on quickly putting out the fire on Castle Rock Road before it could spread. He also shared concerns related to ADUs. -3-
Laguna Beach City Council Minutes October 22, 2024
Councilmember Mark Orgill suggested that the City provide information on ADUs to the community via the City's various mass communication avenues. He also assured that the City is already working on surge planning for next summer. Councilmember Orgill also summarized various communications he had with members of the public.
Councilmember Bob Whalen reported on the October 12 National Fire Prevention Day, and the "How to Become a Fire Wise Neighborhood" initiative, encouraging the public to participate. He also confirmed that there has been a reduced scope of fire mitigation at the fire road due to the County's direction.
Mayor Pro Tem Alex Rounaghi agreed with Councilmember Weiss' comments related to ADUs. He reported on the CalCities conference, where he was on a panel with Rivian on fleet electrification.
Mayor Sue Kempt echoed Councilmember Whalen's comments on Fire Wise Neighborhoods. She also commented on the ADU issue and thanked the Fire Department for their quick action on the fire on Castle Rock.
CONSENT CALENDAR
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Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember Bob Whalen, and carried unanimously 5/0 to approve items 2-5, 8, 9, and 11.
AUTHORIZATION TO SIGN FRIENDSHIP CITY AGREEMENT
This item was pulled from the Consent Calendar by Mayor Sue Kempf to allow for public comment.
Public Testimony: Karyn Philippsen, Laguna Beach Sister Cities, stated how pleased they were to sign a friendship agreement with Fuji Five Lakes in Japan.
Moved by Councilmember Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to authorize the Mayor to sign a friendship city agreement with Fuji Five Lakes, Yamanashi Prefecture, Japan.
2. MINUTES OF THE CITY COUNCIL MEETINGS
Approved the minutes of the Regular Meeting of the City Council of October 8, 2024.
APPROVAL OF GENERAL WARRANTS AND PAYROLL DISTRIBUTIONS
Warrants: $3,167,971.01 09/27/2024
$481,502.50 10/03/2024
$3,649,473.51
Payroll #7: $1,714,953.97 10/04/2024
Total: $5,364.427.48
Approved the general warrants and payroll disbursements.
Laguna Beach City Council Minutes October 22, 2024
CITY TREASURER'S MONTHLY INVESTMENT REPORT FOR AUGUST 2024 Received and filed the Monthly Investment Report for August 2024.
CLAIMS AGAINST THE CITY
(1) Rejected Claim #24-36 filed by Marlo Maldonado; and (2) Rejected Claim # 24-37 filed by Harry Leitner.
6. RESOLUTION APPROVING A PURCHASE AND SALE AGREEMENT AND ESCROW
INSTRUCTIONS BETWEEN THE CITY AND D & S PARTNERS LLC FOR THE SALE OF CITY-OWNED PROPERTY AT 31729 AND 31735 COAST HIGHWAY (APNS 658- 101-39; -40) AND DETERMING SUCH APPROVAL TO BE EXEMPT UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
This item was pulled from the Consent Calendar by a member of the public, Bruce Dwyer.
Public Testimony: Bruce Dwyer and Gene Felder commented on the proposed sale of the property and questioned why the City decided to sell the property rather than pursue creating low-cost housing. Jacob Cherub questioned the purchase and sale of the property.
Cody Engle said he supported the 30% profit the City would incur from the sale of the property.
Discussion: City Manager Dave Kiff explained the Surplus Land Act and responded to the public's comments. Councilmember George Weiss stated that this ofter to purchase the property was the best option for the City and he explained. Staff noted revisions to the purchase agreement.
Moved by Councilmember George Weiss, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to:
(1) Adopt the Resolution #24.077 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING A PURCHASE AND
SALE AGREEMENT AND ESCROW INSTRUCTIONS BETWEEN THE CITY AND D & S PARTNERS LLC FOR THE SALE OF 31729 AND 31735 COAST HIGHWAY (APNS 658-101-39 AND 658-101-40), AUTHORIZING THE CITY MANAGER TO
TAKE ACTIONS NECESSARY TO IMPLEMENT THE AGREEMENT, AND
DETERMINING THAT SUCH APPROVAL IS EXEMPT UNDER
CALIFORNIA ENVIRONMENTAL QUALITY ACT";
(2) Increase the estimated revenue from the sale of the property to $3,550,000; (3) Repay the internal loan to the Vehicle Replacement Fund in the amount of $1,000,000, as identified during the acquisition of 31796 Coast Highway at the September 20, 2022, meeting; and
(4) Appropriate the remaining balance to the Future Fire Station No. 4 Capital Improvement Fund.
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Laguna Beach City Council Minutes October 22, 2024
APPROVAL OF 2024 MILLS ACT CONTRACTS FOR SIX PROPERTIES; AND
FINDING SUCH ACTION EXEMPT FROM CEQA UNDER CEQA GUIDELINES SECTION 15331
This item was pulled from the Consent Calendar by Councilmember George Weiss to discuss the Mills Act and the reporting requirement process.
Discussion: Staff explained that the City mailed the Mills Act reporting process to property owners of historic houses, and responded to Councilmembers' questions.
Moved by Councilmember Bob Whalen, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to:
(1) Adopt the Resolutions approving Mills Act Preservation Agreements for 365 Flora Street (Resolution #24.078), 385 Monterey Drive (Resolution #24.079), 1124 Baja Street (Resolution #24.080), 1944 Ocean Way (Resolution #24.081), 2645 Victoria Drive (Resolution #24.082), and 31695 Seacliff Drive (Resolution #24.083); (2) Authorize the City Manager to sign the contract agreements with the owners of the subject properties; and
(3) Find the action exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15331 and direct staff to cause the notice of exemption to be filed with the County Clerk and State Clearinghouse.
FIRST READING OF AN ORDINANCE AMENDING CHAPTERS 10.06 (PARKING) AND 10.07 (PARKING METERS) OF THE LAGUNA BEACH MUNICIPAL CODE
REGARDING PARKING PAYMENTS
(1) Introduced and conducted a first reading, proceeding by title only, and waived further reading and introduced by title only an Ordinance titled, "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING CHAPTERS 10.06 (PARKING) AND 10.07 (PARKING METERS) OF THE LAGUNA
BEACH MUNICIPAL CODE REGARDING PUBLIC PARKING PAYMENTS AND
EXEMPTIONS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15060(c) AND 15378(b)(5)";
(2) Directed staff to return with the Ordinance for a second reading at the November 12, 2024, Regular City Council meeting; and
(3) Found that the Ordinance is not a project subject to CEQA under State CEQA Guidelines Sections 15060(c) and 15378(b)(5) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and in the alternative found that the Ordinance is categorically exempt under Sections 15061(b)(3). -6-
Laguna Beach City Council Minutes October 22, 2024
9. MARINE SAFETY SEASONAL AND JUNIOR LIFEGUARD UNIFORM PURCHASE Authorized the City Manager to purchase Marine Safety uniforms for a total of 750 lifeguards from Florence Marine X, LLC for a not to exceed amount of $106,000.
10. HOUSING PROGRAMS BIANNUAL PROGRESS REPORT
This item was pulled from the Consent Calendar by Mayor Pro Tem Alex Rounaghi to ask questions of staff.
Discussion: Mayor Pro Tem Alex Rounaghi suggested removing exploring affordable housing opportunities at 235 Ocean Avenue. He added that he would like to extend the lease and look at potential affordable housing at the Vista Aliso site. Mayor Pro Tem Rounaghi also recommended establishing a monitoring program for the existing affordable housing units.
Public Testimony: Cody Engle stated that staff were complying with state laws, and he described affordable housing efforts in Laguna Beach.
The City Council provided direction to staff regarding the program implementation, including removing the option of exploring the site at 235 Ocean Avenue for affordable housing, and received and filed the biannual progress report.
11. RESOLUTION AUTHORIZING HINDERLITER, DE LLAMAS AND ASSOCIATES TO
EXAMINE THE SALES AND USE TRANSACTIONS FOR THE CITY
(1) Adopted Resolution #24.084 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, AUTHORIZING THE
EXAMINATION OF TRANSACTIONS (SALES) AND USE TAX RECORDS," authorizing Hinderliter, de Llamas and Associates to examine the sales or transactions of use tax records of the City; and
(2) Rescinded Resolution 24.053 approved on July 9, 2024, which incorrectly referenced the DBA of "HdL Companies" without specifying the formal name Hinderliter, de Llamas & Associates.
REGULAR BUSINESS
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12. SUMMARY OF ALISO CREEK ESTUARY RESTORATION'S CONCEPTUAL
REVIEW AND NEXT STEPS INCLUDING ENVIRONMENTAL REVIEW
Presentation and Discussion: Staff, Ed Almanzo, and consultants gave a presentation, and responded to Councilmembers' questions and comments. It was explained that this step would simply be educating the community on the project, and then the City Council would take that information and decide the next step at that point in the future; it was not about restoring the estuary at this time.
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Laguna Beach City Council Minutes October 22, 2024
Public Testimony: Toni Iseman, Charlotte Masarik, Ginger Wallace, Alan Kaufmann, Judie Mancuso, Debbie Neev, Mark Christy, Tom Lamb, Cindy Love, Gayle Waite, Paul Nordy, Tom Osborne, Ed, Mike Mariner, Mike Beanan, Karen Schwager, and Ray Hiemstrom said they supported restoring the estuary.
Adam Redding-Kaufman, Anosh Kosadees, Gregg Viviani, Chad Stickney, Robert McMann, Joanne McMann, Kate McMann, and Adam Kaplan voiced concerns about the proposed plan to restore the estuary.
Moved by Councilmember George Weiss, seconded by Councilmember Bob Whalen, and carried unanimously 5/0 to:
(1) Direct staff to prepare a Scope of Work to prepare an Environmental Impact Report to address potential environmental effects of the proposed Aliso Creek Estuary Restoration, along with a range of project alternatives as required by the California Environmental Quality Act, including the no project alternative; and
(2) Authorize the Laguna Ocean Foundation to submit a Design Review application for the restoration project on City-owned property and waive the Design Review application fee.
13. COOPERATIVE AGREEMENTS WITH ORANGE COUNTY TRANSPORTATION
AUTHORITY FOR PROJECT V FUNDED TRANSIT PROGRAMS
Presentation and Discussion: Staff gave a presentation, and responded to Councilmembers' questions and comments.
Public Testimony: Judie Mancuso, Environmental Sustainability Committee, commented on the high school and middle school students utilizing the Local Service transportation program. Ann Marie McKay thanked the City for expanding the local service transportation program into Laguna Canyon Road/El Toro Road.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to:
(1) Authorize the City Manager to negotiate and execute cooperative agreement #24-73 with the Orange County Transportation Authority to accept up to $5,212,250 in Measure M2 Project V grant funds for the Off-Season Weekend and Seasonal Trolley Services, and provide an 11 percent local match (estimated at $622,550) for service through Fiscal Year 2030-31;
(2) Authorize the City Manager to negotiate and execute cooperative agreement #24-74 with the Orange County Transportation Authority to accept up to $2,024,489 in Measure M2 Project V grant funds for the Laguna Canyon Road/El Toro Road Laguna Local Service, and provide a 50 percent local match (estimated at $2,024,489) for service through Fiscal Year 2030-31;
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Laguna Beach City Council Minutes October 22, 2024
(3) Authorize the City Manager to negotiate and execute an amendment with LAZ Parking, LLC, for the new Laguna Local on-demand and trolley services, which will expand their scope of work and budget;
(4) Amend the Fiscal Year 2024-25 budget by appropriating $445,000 in the Transit Fund for the implementation of the Laguna Local Canyon Service, Off-Season Trolley Services, and one month of Summer Breeze service, offset by an increase of $250,420 in grant revenue in the Transit Fund, and a $194,580 transfer from the Parking Fund to the Transit Fund;
(5) Authorize the City Manager to modify the expanded services and schedule, as may be needed, to achieve the ridership required by the grant; and (6) Find this action exempt from the California Environmental Quality Act.
PUBLIC HEARINGS
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Appeal A was heard before the Consent Calendar.
A. APPEAL OF APPROVAL OF DESIGN REVIEW 23-0887, VARIANCE 23-0888 AND REVOCABLE ENCROACHMENT PERMIT 23-0889 FOR ADDITIONS (NET 413 SQUARE FEET) IN THE R-1 (RESIDENTIAL LOW DENSITY) ZONE AT 1560
SUNSET RIDGE DRIVE, DESIGN REVIEW IS REQUIRED FOR UPPER LEVEL
ADDITIONS AND ELEVATED DECK ADDITIONS, GRADING, RETAINING WALLS,
SPA, EXTERIOR REMODEL, AND LANDSCAPING, A VARIANCE IS REQUIRED TO
EXCEED THE MAXIMUM BUILDING HEIGHT, AND REVOCABLE
ENCROACHMENT PERMIT IS REQUIRED TO MAINTAIN SITE WALLS WITHIN
THE PUBLIC RIGHT-OF-WAY
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to open the public hearing and continue the appeal of the Design Review Board's approval of Design Review 23-0887, Variance 23-0888, and Revocable Encroachment Permit 23-0889 located at 1560 Sunset Ridge Drive, and finding the Project categorically exempt under CEQA Guidelines Section 15301, to the December 10, 2024, City Council meeting.
COUNCILMEMBER ITEMS)
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In accordance with Resolution #24.011, the City Council supported Councilmember Mark Orgill's recommendation to form an ad hoc committee with Mayor Pro Tem Alex Rounaghi efficiency reform and cost savings.
Councilmember George Weiss requested that the City Council discuss providing a virtual participation option again for the public after the election; Councilmember Bob Whalen supported the request, with input from the City Attorney.
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Laguna Beach City Council Minutes October 22, 2024
ADJOURNMENT
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There being no further business, Mayor Kempf at 9:18 p.m., Tuesday, October 22, 2024, adjourned the Closed Session at 4:00 p.m., and Regular City Council Meeting at 5:00 p.m., Tuesday, November 12, 2024, at City Hall, 505 Forest Avenue, Laguna Beach California. ****************
Approved: November 12, 2024 Sukh
Sue Kempf, Mayor
Note: All components of minutes shall be for the primary purpose of memorializing decisions made by the legislative body. Any minute component that does not serve this primary purpose will be minimized or eliminated; this includes comments made by individual body members and members of the public. Discussions that occurred during the meeting can be viewed in archived video recordings on the city's website. Public submittals on items received prior to adjournment of the meeting are retained in the administrative record and can be viewed in the city clerk's repository. -10-
NOTICE OF ADJOURNMENT OF CITY COUNCIL MEETING
(GOVERNMENT CODE SECTION 54995)
EXCERPT OF THE MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
OF THE CITY OF LAGUNA BEACH
October 22, 2024
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The Regular Meeting of the City Council of the City of Laguna Beach was held at 5:00 p.m., Tuesday, October 22, 2024, in the City Council Chambers, 505 Forest Avenue, Laguna Beach, California.
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PRESENT COUNCILMEMBERS: Orgill, Weiss, Whalen, Rounaghi, Kempf PARTICIPATING REMOTELY: None
ABSENT: COUNCILMEMBERS: None
ADJOURNMENT
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There being no further business, Mayor Kempf at 9:18 p.m., Tuesday, October 22, 2024, adjourned to the Closed Session at 4:00 p.m. and City Council Regular Meeting at 5:00 p.m., Tuesday, November 12, 2024, 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 23d day of October 2024.
Culta
ECORPORATES
>
JUNE 29.192
ANGE COU CALIFO
CERTIFICATE OF POSTING
NOTICE OF ADJOURNMENT
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1, Ann Marie McKay, City Clerk of the City of Laguna Beach, California, DO CERTIFY that at he Regular Meeting of the City Council held on Tuesday, October 22, 2024, said meeting wa:
ordered adjourned to the time and place specified in the notice of adjournment, ATTACHEI HEREIO; and that on October 23, 2024, at the hour of 10:25 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.