Laguna Beach City Council Minutes November 12, 2024
MINUTES
LAGUNA BEACH CITY COUNCIL REGULAR MEETING
November 12, 2024
A Regular Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, November 12, 2024, in the City Hall, 505 Forest Avenue, Laguna Beach, California, Mayor Kempf presiding.
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.
CLOSED SESSION
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1. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Number of Cases: One (1)
Workers' Compensation Claim Nos.: 22-166593; 21-158824; Claimant: David McGill
CLOSED SESSION ANNOUNCEMENTS)
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City Attorney Megan Garibaldi reported that all Councilmembers were present and participated in the discussions, and there was no public comment prior to the City Council convening into the Closed Session. Garibaldi advised that there was no reportable action.
PRESENTATIONS
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PROCLAMATION HONORING RETIRED PARKING SERVICES OFFICER MARY
MARLENE MACKLER
Adopted the Proclamation honoring retired Parking Services Officer Mary Marlene Mackler.
2. PROCLAMATION RECOGNIZING ARTISTS SUNDAY
Approved the Proclamation recognizing the first Sunday after Thanksgiving as Artists Sunday.
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Laguna Beach City Council Minutes November 12, 2024
ADDITIONS and DELETIONS - None.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS
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Jorg Dubin thanked the City Council for authorizing negotiations for the City to purchase the artist work/live properties on Laguna Canyon Road.
Cindy and Bill Shopoff expressed support for the Neighborhood Congregational Church affordable housing project.
Bill Dalke, Imer Bauta, Julie Laughton, Adrian Proctor, and Mansour Ahmad commended Building Official Dennis Bogle and the Building Division staff, but expressed concerns about rumors regarding changes in its management, and frustrations about delays with inspections due to a vacant building inspector position left unfilled.
Ruben Flores announced upcoming South Laguna Community Garden Park events.
Christine Tallent, Be Well OC Mobile Crisis Response Manager, provided an update on Be Well OC's activities.
City Treasurer Laura Parisi solicited comments on the annual Investment Policy, scheduled to be reviewed by the City Council at its December 10 meeting Bill Shopoff expressed concerns regarding the Caltrans sidewalk project.
Michelle Highberg and Whitney Wineforder, Just Gather, encouraged everyone to attend Saturday's annual Day of Kindness, and provided information on Laguna Beach High School's new Love One Another Club, and Highberg announced the update of her book. Marlowe Johnsen announced her new OC Literacy for Change effort.
MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS AND CITY MANAGER ********************************************************************* Councilmember George Weiss congratulated the successful candidates, and submitted a statement into the record denying the assertion by Tom Johnson of StuNews Laguna that Weiss violated the Levine Act.
Councilmember Mark Orgill commented on the donation of two Rivian RIS electric SUVs to the City, and reported on the Laguna Beach Beautification Council's Award ceremony. Councilmember Orgill also summarized various communications he had with members of the public.
Councilmember Bob Whalen reported on the Community Land Trust kickoff meeting with the consultants.
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Laguna Beach City Council Minutes November 12, 2024
Mayor Pro Tem Alex Rounaghi reported on the City's meeting with the California Coastal Commission last month to discuss the City's interest in allowing residential units on the second floor of commercial sites, and concerns related to view equity with ADUs (accessory dwelling units).
Mayor Pro Tem Rounaghi also emphasized the importance of electeds working together and for the public.
Mayor Sue Kempf announced the upcoming opening of the Sawdust Winter Fantasy, and the opening of the annual Coast Film Festival, noting that this year there will be free movie shown on the Promenade on Thursday. Mayor Kempf thanked Councilmember Weiss for his service on the City Council.
Councilmembers George Weiss, Mark Orgill, and Bob Whalen commented on Monday's Veterans Day ceremony, and Councilmember Whalen recognized veterans Councilmember George Weiss and City Clerk Ann Marie McKay.
CONSENT CALENDAR
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Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember George Weiss, and carried unanimously 5/0 to approve items 1-6, 9-11, and 14-15.
MINUTES OF THE CITY COUNCIL MEETINGS
Approved the minutes of the Regular Meeting of the City Council of October 22, 2024.
APPROVAL OF GENERAL WARRANTS AND PAYROLL DISTRIBUTIONS
Warrants: $ 3,411,206.01 10/11/2024
$ 561,245.36 10/14/2024
$ 4,839,519.92 10/25/2024
$ 8,811,971.29
Payroll #8: $ 1,704,918.84 10/18/2024
Total: $10.516.890.13
Approved the general warrants and payroll disbursements. 2025 PERFORMANCE SCHEDULE FOR ARTS COMMISSION PROGRAMS
(1) Approved the 2025 performance schedule for City-funded performances; (2) Approved the use of amplified sound during the performances; and (3) Authorized the City Manager to approve any revisions to the location or dates of the performances, if required, and execute any ancillary agreements regarding such performances as determined necessary and in a final form approved by the City Attorney. -3-
Laguna Beach City Council Minutes November 12, 2024
6. AWARD OF CONSTRUCTION CONTRACT FOR MOULTON MEADOWS PARK
SHADE STRUCTURES
(1) Awarded and authorized the City Manager to execute contract #24-78 with USA Shade, in the amount of $149,997, for the Moulton Meadows Park Shade Structures; and (2) Authorized the City Manager to approve project-related expenses and construction change orders for unforeseen circumstances in an amount not to exceed $15,000.
AWARD OF CONSTRUCTION CONTRACT FOR MAIN BEACH PARK
RENOVATION
This item was pulled from the Consent Calendar by Councilmember Bob Whalen to ask staff to clarify the renovation of the boardwalk. Staff responded to the Councilmembers' comments and questions.
Public Testimony: Ann Christoph and Ruben Flores commented on the rehabilitation of Main Beach Park and offered suggestions. They requested that the project be postponed to allow the public more time to study the plans.
Moved by Councilmember Bob Whalen, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Award and authorize the City Manager to execute construction contract #24-79 with R2Build in the amount of $1,403,957.57 for the Main Beach Park renovation; (2) Authorize the City Manager to approve project-related expenses and construction change orders for unforeseen circumstances in an amount not to exceed $275,000; (3) Approve the transfer of an appropriation of $755,000 from the Bolsa Way Storm Drain Improvement Project to the Main Beach Park Renovation Project, bringing the total project budget to $1,680,700; and
(4) Direct staff to evaluate including the boardwalk renovation into the contract, and return with options to improve the cobblestones.
HOUSING AND HUMAN SERVICES COMMITTEE FISCAL YEAR 2024 - 2025 WORK PLAN
This item was pulled from the Consent Calendar by Councilmember Bob Whalen to highlight a minor change to the agenda report, and staff explained Moved by Councilmember Bob Whalen, seconded by Mayor Sue Kempf, and carried unanimously 5/0 to authorize the Housing and Human Services Committee to proceed with its Fiscal Year 2024-2026 Work Plan.
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Laguna Beach City Council Minutes November 12, 2024
ADOPTION OF ORDINANCE AMENDING CHAPTERS 10.06 (PARKING) AND 10.07 (PARKING METERS) OF THE LAGUNA BEACH MUNICIPAL CODE REGARDING
PARKING PAYMENTS
Adopted Ordinance #1706 titled, "AN ORDINANCE 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)."
10. APPROVAL OF AGREEMENTS FOR MOULTON NIGUEL WATER DISTRICT'S
WITHDRAWAL FROM THE SOUTH ORANGE COUNTY WASTEWATER
AUTHORITY (SOCWA), INCLUDING TRANSFER OF THE REGIONAL TREATMENT
PLANT AND CAPITAL CONTRIBUTIONS FOR COASTAL TREATMENT PLANT
IMPROVEMENTS
(1) Approved Resolution #24.085 titled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING THE SOUTH
ORANGE COUNTY WASTEWATER AUTHORITY (SOCWA) AGREEMENTS
RELATED TO THE TRANSFER OF REGIONAL TREATMENT PLANT TO
MOULTON NIGUEL WATER DISTRICT AND FACILITATION OF MOULTON NIGUEL WATER DISTRICT'S WITHDRAWAL FROM SOCWA;"
(2) Authorize the City Manager to execute all necessary documents in connections with these agreements on behalf of the City of Laguna Beach subject to such changes recommended by special counsel after consultation with the City's SOCWA representatives; and (3) Authorize the Ad Hoc Committee of Councilmember Whalen and Mayor Pro Tem Rounaghi to continue working with staff on outlining proposed improvements to the Coastal Treatment Plant, and working with Moulton Niguel Water District on a possible Memorandum of Understanding that would explore opportunities for the City to participate in the OASIS Water Resource Center Project.
11. ADDING TRAINING REQUIREMENTS TO THE COMMITTEE HANDBOOK (1) Approved the addition of required training for members of Laguna Beach's Commissions, Boards, and Committees to the Committee Handbook, as outlined in the agenda report and Attachments 2 and 3 of the agenda report; and (2) Approved the inclusion of the Required Training requirement in Administrative Policy
5.15, as presented in the agenda report.
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Laguna Beach City Council Minutes November 12, 2024
12. FACILITY MASTER PLAN WORKSHOP ACTION ITEMS
This item was pulled from the Consent Calendar by Mayor Pro Tem Alex Rounaghi to clarify actions items in the agenda report. Staff discussed the action items and responded to Councilmembers' questions.
Public Testimony: Nikki Bostwick offered suggestions pertaining to the library renovation.
Moved by Councilmember Bob Whalen, seconded by Councilmember Mark Orgill, and carried unanimously 5/0 to:
(1) Clarify City Council support for a library renovation with restoration of its historic façade and reimagining of its interior, and confirm City Council direction for staff to evaluate all parking solutions at the Laguna Beach Community Recreation Center, temporary and permanent; and
(2) Direct the City Manager to incorporate this action into the Facility Master Plan Project.
PLANNING DIVISION UDPATE AND WORKLOAD SUMMARY FOR SEPTEMBER AND OCTOBER 2024
This item was pulled from the Consent Calendar by Mayor Pro Tem Alex Rounaghi so he could express his appreciation for addressing the backlog of projects in Community Development. Staff briefly described the staff report and responded to Councilmembers questions and comments.
Public Testimony: Ann Christoph stressed the importance of relying on knowledgeable staff to address projects.
Received and filed the Planning Division Workload Summary, which covers the period from September 1 through October 31, 2024.
14. RESOLUTION AUTHORIZING HINDERLITER, DE LLAMAS AND ASSOCIATES TO
EXAMINE THE SALES AND USE TAX RECORDS FOR THE CITY
(1) Adopted Resolution #24.086 titled, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, AUTHORIZING THE
EXAMINATION OF SALES AND USE TAX RECORDS," authorizing Hinderliter, de Llamas and Associates to examine the sales and use tax records of the City; and (2) Rescind Resolution 24.084 approved on October 22, 2024, to correct administrative and technical language as required by the California Department of Tax and Fee Administration.
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Laguna Beach City Council Minutes November 12, 2024
15. PARKING, TRAFFIC, AND CIRCULATION COMMITTEE RECOMMENDATIONS (1) Approved the Parking, Traffic, and Circulation Committee's recommendation to install parking restrictions on La Brea Street by adopting Resolution #24.087 titled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH,
CALIFORNIA, ESTABLISHING PARKING RESTRICTIONS ON LA BREA STREET";
(2) Approved the Parking, Traffic, and Circulation Committee's recommendation to install golf cart parking and demarcated parking spaces at 2192 Ocean Way by adopting Resolution #24.088 titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAGUNA BEACH, CALIFORNIA, ESTABLISHING GOLF CART PARKING AND DEMARCATED PARKING ON OCEAN WAY"; and
(3) Approved the Parking, Traffic, and Circulation Committee's recommendation to direct staff to coordinate with Caltrans to demark parking spaces with painted brackets on South Coast Highway between Wesley Drive to south City limits.
REGULAR BUSINESS
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16. BLUEBIRD CANYON DRIVE TRAFFIC CALMING UPDATE
Presentation and Discussion: Staff gave a presentation and responded to the Councilmember's questions regarding the Bluebird Canyon Drive traffic calming.
Public Testimony: Nicholas Gaulle, Teresa Prelitz, Bruce, Colby Lee, Kara Lee, Carly, Alicia Bradbury, Brielle Bradbury, Nicki, Guierrmo Moratoria, Natalie Hall, Julian Harvey and Deborah Laughton commented that they supported the current speed table and offered suggestions.
Bruce, Donna, Bill Sharpe, Tricia Harper, Chris Prelitz, Dick Harley, Cameron Frazier, Robert Leach, Todd Green, Keith Leo, Linda Sharpe, Jack Mcquin, Craig McKessar stated they did not support the current speed table and gave recommendations to create other safety measures along Bluebird Canyon.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember George Weiss, and carried unanimously 5/0 to receive and file a report regarding the impact of traffic calming measures installed along Bluebird Canyon Drive between Cress Street and Rancho Laguna Road, directing staff to keep the speed table in place and come back with options in the CIP (Capital Improvement Program) for a modified asphalt speed table and/or adding a sidewalk. -7-
Laguna Beach City Council Minutes November 12, 2024
17. AD HOC COMMITTEE ON GOVERNMENT EFFICIENCY
Discussion: Staff briefly outlined the agenda report and responded to Councilmembers questions regarding the ad hoc committee to explore government efficiencies and best practices.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember Bob Whalen, and carried unanimously 5/0 to authorize Mayor Pro Tem Alex Rounaghi and Councilmember Mark Orgill to serve as an ad hoc committee on efficient and user-friendly government, per the proposed Scope of Work, with the section regarding serving as Council liaisons to the City Manager removed, and with a sunset date of the end of Fiscal Year 2024-25.
18. VISIT LAGUNA BEACH ANNUAL CONTRIBUTION TO A DOWNTOWN
IMPROVEMENT FUND
Discussion: Staff briefly outlined the agenda report and responded to Councilmembers questions regard Visit Laguna Beach's annual contribution to a Downtown Improvement Fund.
Public Testimony: Gregg Vivianni commented on tourism in Laguna Beach and the importance of oversight to protect the community.
Karyn Phillippsen, Visit Laguna Beach, commented the value of a stewardship plan for tourism in Laguna Beach.
Ann Christoph, South Laguna Civic Association, stated that they were concerned about Visit Laguna Beach's financial contribution to the downtown area and not the other regions in Laguna Beach, and she described. John Thomas, Deborah Laughton and Cathy Jurca commented that they questioned the proposed allocation of the Visit Laguna Beach funds.
Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember George Weiss, and carried unanimously 5/0 to:
(1) Approve agreement #24-80 between the City of Laguna Beach and Visit Laguna Beach, facilitating an 11-year conditional financial commitment from Visit Laguna Beach towards the Downtown Improvement Special Revenue Fund, revised as presented by staff; and
(2) Authorize the Mayor to execute the agreement on behalf of the City.
19. DECEMBER 2024 MEETING SCHEDULE - CONSISDERATION OF ADDING A SPECIAL MEETING ON MONDAY, DECEMBER 9, 2024
Discussion: Staff clarified the purpose of the Special Meeting , and responded to Councilmembers' questions.
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Public Testimony: Deborah Laughton confirmed with staff that this would not be a permanent action, but rather a decision made by the City Council each election year.
Moved by Mayor Sue Kempf, seconded by Councilmember Bob Whalen, and carried 4/1 (Councilmember George Weiss opposed) to hold a Special Meeting of the City Council on Monday, December 9, 2024, to certify results from the November 5, 2024, General Election and conduct any Council reorganization activities, such as swearing in one or more new Council members (if applicable) and/or designating the Mayor and Mayor Pro Tem for December 2024 through December 2025.
PUBLIC HEARINGS
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A. PUBLIC HEARING FOR CITY COUNCIL REVIEW OF PLANNING COMMISSION APPROVAL OF DESIGN REVIEW 24-1636, INCLUDING FOR BUILDING FAÇADE IMPROVEMENTS, AND CONDITIONAL USE PERMIT 24-1638, INCLUDING TO
ESTABLISH A FORMULA-BASED CAFE BUSINESS IN THE CBD VISITOR COMMERCIAL DISTRICT OF THE DOWNTOWN SPECIFIC PLAN, AT 276 SOUTH COAST HIGHWAY (AKA 280 SOUTH COAST HIGHWAY, AND FINDING THE
PROJECT CATEGORICALLY EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTION 15301 (CLASS 1) (BETTER BUZZ COFFEE ROASTERS)
Presentation and Discussion: Staff gave a presentation and responded to Councilmembers' questions and comments.
Public Testimony: Anders Lasater, architect for the project, gave a presentation and responded to Councilmembers' questions.
Cathy Jurca and Ann Christoph voiced concerns about the proposed project, and they offered suggestions. Anders Lasater responded to the public's concerns.
Moved by Mayor Sue Kempf, seconded by Councilmember George Weiss, and carried unanimously 5/0 to open the public hearing, including receiving a staff report, take public testimony and all evidence relating to the consideration of Design Review 24-1636 and Conditional Use Permit 24-1638; and adopt Resolution 24.089 titled, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA,
UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE DESIGN REVIEW 24-1636 AND CONDITIONAL USE PERMIT 24-1638 FOR BUILDING FAÇADE IMPROVEMENTS AND TO ESTABLISH A FORMULA-BASED CAFÉ BUSINESS AT 276 SOUTH COAST HIGHWAY IN THE CDB VISITOR COMMERCIAL DISTRICT OF THE DOWNTOWN SPECIFIC PLAN, AT 276 SOUTH COAST
HIGHWAY (BETTER BUZZ COFFEE ROASTERS) AND TO FIND THE ACTION
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTION 15301 (CLASS 1)", subject to more restrictive conditions.
Laguna Beach City Council Minutes November 12, 2024
[City Council action on Appeal #B occurred after Agenda Item #2.] B. APPEAL OF DESIGN REVIEW BOARD'S APPROVAL OF DESIGN REVIEW 24-0285 AND COASTAL DEVELOPMENT PERMIT 24-0284 FOR A NEW POOL, SPA, DECK, BBQ, AND LANDSCAPING AT 8 ROCKLEDGE ROAD IN THE R-1 (RESIDENTIAL LOW DENSITY) ZONE; AND FINDING ACTION EXEMPT PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15303 Moved by Mayor Pro Tem Alex Rounaghi, seconded by Councilmember Bob Whalen, and carried unanimously 5/0 to continue the public hearing on the appeal to January 14, 2025, directing the parties to confirm an agreement by December 3, 2024, and direct staff to prepare an agenda report either documenting the agreement or in response to the contentions on appeal.
COUNCIL MEMBER ITEM(S) - None.
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ADJOURNMENT
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There being no further business, Mayor Kempf at 9:38 p.m., Tuesday, November 12, 2024, adjourned the Closed Session at 4:00 p.m., and Regular City Council Meeting at 5:00 p.m., Tuesday, December 10, 2024, at City Hall, 505 Forest Avenue, Laguna Beach California. ****************
Approved: December 10, 2024 Ser kamin
Alex Rounaghi, 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
November 12, 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, November 12, 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 9:38 p.m., Tuesday, November 12, 2024, adjourned to the City Council Special Meeting at 5:00 p.m. Monday, December 9, 2024, then to the Closed Session at 4:00 p.m. and City Council Regular Meeting at 5:00 p.m., Tuesday, December 10, 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 13th day of November 2024.
OF LOVNA BEACH
NGORPORATE
City Clerk of the City of Laguna Beach California
MUNE 29,1921
ANGE COUNTY.
• CA
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 the Regular Meeting of the City Council held on Tuesday, November 12, 2024, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HERETO; and that on November 13, 2024, at the hour of 10:20 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.