Laguna Beach City Council Minutes January 14, 2025
MINUTES
LAGUNA BEACH CITY COUNCIL REGULAR MEETING
January 14, 2025
A Regular Meeting of the City Council of the City of Laguna Beach was called to order on Tuesday, January 14, 2025, in the City Hall, 505 Forest Avenue, Laguna Beach, California, Mayor Rounaghi presiding.
ROLL CALL
PRESENT: COUNCILMEMBERS: Jones, Kempf, Whalen, Orgill, Rounaghi PARTICIPATING REMOTELY: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Hallie Jones led the Pledge of Allegiance.
CLOSED SESSION
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1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 2307 and 2535 Laguna Canyon Road, Laguna Beach Agency Negotiator: Dave Kiff, City Manager
Negotiating Party: George R. Burkhardt Trusts A, B, and C Under Negotiation: Price and Terms of Payment
2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) & (e) (5)
Two (2) potential cases. There is significant exposure to litigation against the City based on a threat of litigation made outside of a noticed meeting, which is based on the following facts for each case:
(A) On August 14, 2023, a nonprofit interest group named Foundation for Individual Rights and Expression ("FIRE") transmitted correspondence to the City alleging that Laguna Beach Municipal Code § 11.60.040, entitled "Special Regulations for the Forest Avenue Promenade," is an unconstitutional restriction on speech under the First Amendment. FIRE's correspondence is on file with the City Clerk's Office for review.
(B) The property owner of 337 Hawthorne Road, Michael Ray, and as also communicated from his attorney, Larry Nokes, have made threats of litigation against the City as conveyed to City Attorney Megan Garibaldi in and around May and October of 2024 relating to the property's prior erroneous placement on the City's Historic Register, on the basis that such placement constituted slander of title or other property-related harm.
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Laguna Beach City Council Minutes January 14, 2025
3. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) & (e)(2)
One (1) potential case. There is significant exposure to litigation based on existing facts and circumstances which are known to the potential plaintiffs, as follows: A water main break and slope failure occurred on Sunset Avenue. The water main is owned and operated by South Coast Water District (SCWD), and the road and uppermost portion of the slope are owned and controlled by the City. The water main break and slope failure impacted at least 10 residential properties. SCWD served government claims on the City and seeks indemnity for its costs and expenses incurred related to this matter.
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
One (1) case: Temple Hills Land Company v. City of Laguna Beach, et al., United States District Court, Case No. 8:24-cv-00605-JLS-ADS
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)(2)
Title: City Attorney
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 reported that the City Council did not discuss item 1, Councilmember Hallie Jones recused herself on item 2(B) pursuant to the Levine Act (Govt Code Section 84308), due to contributions made to her election campaign exceeding $250, and there was no reportable action on the other Closed Session agenda items.
PRESENTATIONS
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APWA BEST AWARD PRESENTATION
Laguna Beach Public Works staff were recognized for being awarded the American Public Works Association Building Excellence Shaping Tomorrow (BEST) award for the Bluebird Storm Drain and Diversion Structure Rehabilitation project.
1. YEARS OF SERVICE RECOGNITION
Received and filed the report recognizing the following City employees with milestone years of service: Jerald La Madrid, Grant Dyer, Faye Mokri, Matthew Schneider, Jaegar Zenk, Brendan Rowland, Erin Fabian, Jonathan Russey, and Yun-Yun Lee for 1 year, Luis Gonzalez-Ayala, David Brunner, Grant Brady, Rosie Santana, Michael Litschi, and Jose Torres for 5 years, and Patrick Nicholl and Chip Gilmore for 20 years. -2-
Laguna Beach City Council Minutes January 14, 2025
FIRE UPDATE
Fire Chief Niko King and Police Chief Jeff Calvert reported on current wildfires, risks for the City of Laguna Beach, and City preparedness efforts.
ADDITIONS and DELETIONS
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City Manager Dave Kiff advised that Agenda Items #15 and #16 will be heard concurrently.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS
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Billy Fried, KX FM, commented on the community station's efforts to share important information.
Kiku Terasaki suggested that the City perform evacuation drills.
Nancy Reaven expressed her concerns related to lost cellular service during the Public Safety Power Shutoff (PSPS) events.
Brendon Crigler expressed concerns related to lessened fire requirements for ADUs (Accessory Dwelling Units), how undergrounding of utilities is paid for, and he suggested installation of "X" crossings at Thalia, Oak, and Cress Street.
Michael Morris suggested expanding red flag restrictions to prohibit on-street parking during red flag conditions, especially construction equipment.
Marian Keegan, Art of Fitness, referenced an email she sent the City Council related to parking, and she advised that Art of Fitness is collecting donations for wildfire victims and providing services to first responders.
Alayna Ader, Laguna Ocean Foundation, announced upcoming events.
Ann Christoph suggested that the City investigate water systems that could be used to fight fires and water landscaping. She also noted that Mission Hospital appears to be reducing services quietly, and the South Laguna Post Office appears to be quietly closing.
Matt Lawson commented on wildfire risk reduction and preparedness.
Scott Martin commented on the CR&R multifamily dwelling rates.
Michelle Highberg announced the creation of the Green Ribbon Project, a volunteer committee with a goal of establishing a 50-foot fire break with succulents.
Kris Spitaleri, Emerald Sanctuary, asserted that the fire break in place at the sanctuary protected the sanctuary during the 1993 fire and the recent Emerald Fire. -3-
Laguna Beach City Council Minutes January 14, 2025
MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS AND CITY MANAGER ****************************************************************************** City Clerk Ann Marie McKay noted that applications are currently being accepted for openings on the Design Review Board, Environmental Sustainability Committee, Heritage Committee, Housing & Human Services Committee, Parking, Traffic, & Circulation Committee, Recreation Committee, and View Restoration Committee, and must be received no later than 4:30 p.m. on Friday (January 17). The application is available on the City's website, and by contacting the City Clerk's office.
McKay also announced that she has placed a digital number display on the dais to make it easier for those attending City Council meetings in person and watching via YouTube to know what item is being discussed.
Marine Safety Chief Kai Bond provided a report on the recent sewer spill at Aliso Beach.
City Manager Dave Kiff confirmed for the City Council that staff can investigate wireless facility compliance with the backup generator requirement.
Councilmember Sue Kempf requested that information be provided to the public explaining what areas are impacted by specific circuits during PSPS events. She also agreed with Mike Morris regarding additional red flag restrictions.
Councilmember Bob Whalen commented that the City is maintaining a list of suggestions for wildfire mitigation and encouraged the public to continue providing suggestions.
Councilmember Mark Orgill summarized the various communications he had with members of the public.
CONSENT CALENDAR
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Moved by Councilmember Sue Kempf, seconded by Mayor Alex Rounaghi, and carried unanimously 4/0 (Mayor Pro Tem Orgill stepped out of the room) to approve items 2-10 and 12.
3. MINUTES OF THE CITY COUNCIL MEETINGS
Approved unanimously 5/0 the minutes of the Special Meeting of the City Council of December 9, 2024, and the Regular Meeting of the City Council of December 10, 2024.
4. APPROVAL OF GENERAL WARRANTS AND PAYROLL DISTRIBUTIONS Warrant #11: $2,710,252.40 11/22/2024
Warrant #12: $2,680,848.88 12/06/2024
$5,391,101.28
Payroll #11: $1,752,438.53 11/29/2024
Payroll #12: $2,070,793.99 12/13/2024
$3,823,232.52
Total: $9,214,333.80
Approved the general warrants and payroll disbursements. -4-
Laguna Beach City Council Minutes January 14, 2025
CLAIMS AGAINST THE CITY
Rejected Claim #24-54 filed by Eriona Sanders
MONTHLY INVESTMENT REPORT (OCTOBER 2024)
Received and filed the October 2024 monthly investment report, with submissions from the City Treasurer, Laura Parisi, and the City's longer-term investment manager, Meeder Investments.
7. RATIFICATION OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF LAGUNA BEACH AND THE LAGUNA BEACH MARINE SAFETY
ASSOCIATION
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE
LAGUNA BEACH MARINE SAFETY ASSOCIATION;" and
(2) Authorized the City Manager to sign employee association Memorandum of Understanding.
SERVICE AGREEMENT FOR UPFITTING OF FIRE DEPARTMENT COMMAND
STAFF VEHICLES
(1) Authorized the City Manager to enter into agreement #25-02 with National Auto Fleet Group for the upfitting of two command staff vehicles at a cost not to exceed $300,000; and
(2) Approved an additional appropriation of $110,000 from the Vehicle Replacement Fund to increase the budget for upfitting from the originally approved $190,000 to $300,000.
CITYWIDE SPEED SURVEY RESULTS
(1) Received and filed the Speed Zone Engineering and Traffic Survey; and (2) Introduced for the first reading and read by title only, "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING CHAPTER 10.02 (DRIVING REGULATIONS) OF THE LAGUNA BEACH
MUNICIPAL CODE BY ESTABLISHING PRIMA FACIE SPEED LIMITS ON VARIOUS ROADWAY SEGMENTS THROUGHOUT THE CITY; AND FINDING
SAID ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT".
10. REJECT BIDS FOR THE POLICE DEPARTMENT NETWORK CABLING
IMPROVEMENTS
Rejected all bids for the Police Department Network Cabling Improvements and directed staff to rebid the project.
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Laguna Beach City Council Minutes January 14, 2025
11. PLANNING DIVISION UPDATE AND WORKLOAD SUMMARY THROUGH JANUARY 5, 2025
This item was pulled from the Consent Calendar by Councilmember Sue Kempf to gather additional information from staff.
Presentation and Discussion: Staff summarized the agenda report and responded to Councilmembers' questions.
Public Testimony: Morris Skenderian offered suggestions for the Planning Division.
Brendon Crigler, Ann Christoph, and Cathy Jurca voiced concerns with the city's current processes, and they gave suggestions.
The City Council received and filed the Planning Division Workload Summary, which covers the period from September 2024 through January 5, 2025, with direction for additional data to be provided with the next report.
RATIFICATION OF A SIDE LETTER OF AGREEMENT WITH THE LAGUNA BEACH
POLICE EMPLOYEES' ASSOCIATION
(1) Adopted Resolution #25.002 titled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, RATIFYING THE SIDE LETTER
OF AGREEMENT BETWEEN THE CITY AND THE LAGUNA BEACH POLICE EMPLOYEES' ASSOCIATION"; and
(2) Authorized the City Manager to sign employee association Side Letter of Agreement.
REGULAR BUSINESS
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RESOLUTION APPROVING PURCHASE AND SALE AGREEMENTS FOR THE CITY'S PURCHASE OF REAL PROPERTY LOCATED AT 2307 & 2535 LAGUNA CANYON ROAD (APN'S: 632-101-10 AND 632-091-12) AND DETERMINING SUCH
APPROVAL TO NOT BE A PROJECT UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
Presentation and Discussion: Staff gave a presentation, and responded to Councilmembers' questions. Councilmembers suggested adding discussion of next steps to the Strategic Planning meeting.
Public Testimony: Brendon Crigler, Billy Fried, and Jorg Dubin stated their support to purchase the property.
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Laguna Beach City Council Minutes January 14, 2025
Moved by Mayor Pro Tem Mark Orgill, seconded by Councilmember Sue Kempf, and carried unanimously 5/0 to:
(1) Adopt Resolution #25.003 entitled, "RESOLUTION APPROVING PURCHASE AND SALE AGREEMENTS BETWEEN THE CITY AND GEORGE R. BURKHARDT TRUST A, GEORGE R. BURKHARDT TRUST B, AND GEORGE R. BURKHARDT TRUST C, FOR THE CITY'S PURCHASE OF 2307 & 2535 LAGUNA CANYON ROAD, LAGUNA BEACH (APN'S: 632-101-10 AND 632-091-12), RESPECTIVELY,
AUTHORIZING THE CITY MANAGER TO TAKE ACTIONS NECESSARY TO
IMPLEMENT THE AGREEMENTS, AND DETERMINING SUCH APPROVAL TO
NOT BE A PROJECT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT";
(2) Authorize the City Manager to execute ancillary Escrow and Purchase Agreements- related documents, in a final form as approved by the City Attorney, as may be required for the City to facilitate the obligations of the Purchase Agreements (3) Return to a February 2025 City Council meeting with additional information, including assignment and loan documents, if assignment is determined to be feasible; and (4) Transfer an appropriation of $135,600 from the Capital Improvement Fund Future City Facilities Fund Project to the General Fund Contractual Services for due diligence services.
14. COMMUNITY LAND TRUST COMMUNITY ENGAGEMENT PLAN
Public Testimony: Mary Jo Winefordner thanked staff for the plan to support Laguna Beach's affordable housing crisis.
Discussion: Councilmember Bob Whalen suggested reaching out to Mission Hospital to give them the opportunity to participate in the plan.
The City Council received and filed the community engagement plan for the City's Community Land Trust effort, with direction to add Mission Hospital to the plan.
15. ADOPTION OF ORDINANCE AMENDING THE ZONING CODE AND LOCAL COASTAL PROGRAM BY REPEALING AND REPLACING CHAPTER 25.17 OF THE
LAGUNA BEACH MUNICIPAL CODE REGARDING ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS TO COMPLY WITH RECENT
CHANGES IN STATE LAW, AND FINDING THE ACTION TO BE STATUTORILY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER SECTION 21080.17 OF THE PUBLIC RESOURCES CODE, AND SECTION 15265(C)
OF THE STATE CEQA GUIDELINES
Presentation and Discussion: Staff presented the changes in the ordinance and responded to Councilmembers' questions.
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Laguna Beach City Council Minutes January 14, 2025
Public Testimony: Brendon Crigler and Morris Skenderian commented on ADUs and offered suggestions.
Moved by Councilmember Bob Whalen, seconded by Mayor Pro Tem Mark Orgill, and carried unanimously 5/0 to direct staff to re-introduce the first reading of the ordinance, with modifications, at the next available meeting of the City Council, and subject to adequate notice of a public hearing in accordance with law.
16. ADOPTION OF AN URGENCY ORDINANCE EXTENDING URGENCY ORDINANCE NO. 1707 AMENDING THE ZONING CODE AND LOCAL COASTAL PROGRAM BY REPEALING AND REPLACING CHAPTER 25.17 OF THE LAGUNA BEACH
MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS TO COMPLY WITH RECENT CHANGES IN STATE
LAW, AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER SECTION 21080.17 OF
THE PUBLIC RESOURCES CODE
Moved by Mayor Alex Rounaghi, seconded by Councilmember Sue Kempf, and carried unanimously 5/0 to:
(1) Adopt urgency ordinance #1709 to extend Urgency Ordinance No. 1707, which repeals and replaces Chapter 25.17 of the Laguna Beach Municipal Code regarding accessory dwelling units and junior accessory dwelling units, for 22 months and 15 days (Attachment 1 of the agenda report) to ensure that the City's regulations comply with state ADU law and continue to protect coastal resources during the pendency of the Coastal Commission review and certification of the non-urgency ordinance, revised as presented by staff, with the added recital provided by the City Attorney, and as revised by the City Council;
(2) Adopt a report describing measures to alleviate conditions that led to the adoption of Urgency Ordinance No. 1707 (the "10-Day Report," Attachment 2 of the agenda report); revised to reflect tonight's actions; and
(3) Find that said actions are statutorily exempt from review under the California Environmental Quality Act under Public Resources Code section 21080.17.
17. CITY COUNCIL REPRESENTATION FOR VARIOUS ORGANIZATIONS AND
COMMITTEES
The City Council reviewed appointments to various regional organizations and committees, and made changes as desired.
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Laguna Beach City Council Minutes January 14, 2025
PUBLIC HEARINGS
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A. APPEAL OF DESIGN REVIEW BOARD APPROVAL OF DESIGN REVIEW 24-0285 AND COASTAL DEVELOPMENT PERMIT 24-0284 AND CALIFORNIA
ENVIRONMENTAL QUALITY ACT CATEGORICAL EXEMPTION FOR A NEW POOL, SPA, DECK, BBQ. AND LANDSCAPING IN ENVIRONMENTALLY SENSITIVE AREA AT 8 ROCKLEDGE ROAD IN THE R-1, RESIDENTIAL LOW-
DENSITY ZONE
Councilmember Hallie Jones recused herself from this item pursuant to the Levine Act (Govt Code Section 84308), due to contributions made to her election campaign exceeding $250 by an agent to the party of the application.
Presentation and Discussion: Staff gave a presentation and responded to Councilmembers' questions.
Testimony in Support of the Appeal: Brian Ward, property owner of 7 Rockledge Road and appellant, raised concerns about the impact of the project to the foundation of his historic home and property, and he explained. He stated there would be traffic and circulation issues during construction. Ward requested the City Council deny the current project; however, he said he supported the previously-approved project that was smaller.
David Hansen, geological engineer, listed his concerns pertaining to the impact of the project on the slope stability.
Testimony in Opposition of the Appeal: Larry Nokes, attorney representing the applicant, addressed the appellant's concerns, stating that the DRB had reviewed the points raised by the appellant.
Rebuttal: Brian Ward, appellant, responded to the applicant's attorney's comments.
Moved by Councilmember Bob Whalen, seconded by Mayor Pro Tem Mark Orgill, and carried unanimously 4/0 to adopt Resolution #25.004 titled, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DENYING THE
APPEAL AND MODIFYING THE DESIGN REVIEW BOARD'S DECISION TO APPROVE DESIGN REVIEW 24-0285 AND COASTAL DEVELOPMENT PERMIT 24- 0284 BY ADDING MORE RESTRICTIVE CONDITIONS OF APPROVAL AND FINDING THE ACTION CATEGORICALLY ЕХЕМРТ FROM THE
ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15303 AND 15304," with the added more restrictive conditions prohibiting the use of heavy equipment, and that hand excavation not exceed 66 cubic yards, and a clerical correction to Section 3.
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Laguna Beach City Council Minutes January 14, 2025
COUNCIL MEMBER ITEM(S)
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In accordance with Resolution #24.011, the City Council supported Councilmember Bob Whalen's recommendation to reconstitute the ad hoc committee consisting of Councilmember Sue Kempf and himself, to revisit the 2019 fire mitigation plan.
In accordance with Resolution #24.011, the City Council supported Mayor Alex Rounaghi's recommendation to develop a streamlined approval process for small businesses.
ADJOURNMENT
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There being no further business, Mayor Rounaghi at 9:27 p.m., Tuesday, January 14, 205, adjourned the Closed Session at 4:00 p.m., and Regular City Council Meeting at 5:00 p.m., Tuesday, January 28, 2025, at City Hall, 505 Forest Avenue, Laguna Beach California. ****************
Approved: January 28, 2025
Alex hormati
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
January 14, 2025
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Tuesday, January 4, 2023, iC the Cy i on the City or 50 orach vase datunD each, Tuesday, January 14,
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PRESENT COUNCILMEMBERS: Jones, Kempf, Whalen, Orgill, Rounaghi PARTICIPATING REMOTELY: None
ABSENT: COUNCILMEMBERS: None
ADJOURNMENT
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There being no further business, Mayor Rounaghi at 9:27 p.m., Tuesday, January 14, 2025, adjourned to the Closed Session at 4:00 p.m. and City Council Regular Meeting at 5:00 p.m., Tuesday, January 28, 2025, 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 15th day of January 2025.
Quik
I City Clerk of the City of Laguna Beach California
JUNE 29.192
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 Kegular Meeting of the City Council held on Tuesday, January 14, 2025, said meeting was ordered adjourned to the time and place specified in the notice of adjournment, ATTACHED HEREIO; and that on January 15, 2025, at the hour of 3:25 p.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.
cuix
City Člerk of the City of Laguna Beach, California