Laguna Beach

City Council

November 07, 2023 Item #8

Agenda Item 8

8. CONSIDER THE RELEASE OF CERTAIN INFORMATION PROTECTED AS\nCONFIDENTIAL, AND BY THE ATTORNEY-CLIENT PRIVILEGE,\nRELATING TO (1) THE SEPARATION AGREEMENT WITH THE FORMER\nCITY MANAGER AND (2) THE REPORT PREPARED BY OUTSIDE\nCOUNSEL REGARDING THE FORMER CITY MANAGER’S PERSONNEL\nCOMPLAINT (WHALEN)\nRecommendations: It is recommended by Mayor Bob Whalen that the City Council\nfirst consider whether to waive the confidentiality of certain Closed Session\ndiscussions surrounding the separation agreement, then consider the following options\nas to the Report:\n(1) The City Council may decline to release the Report, make the Closure Letter\npublicly available, and issue a statement that it is satisfied so that there is no need\nfor further investigation or action and that the matter is closed.; and\n(2) The City Council may waive, in part, the attorney-client privilege as to certain\nsections of the Rep01t for the purpose of communicating the allegations\ninvestigated, methodology, and investigator’s findings.\nMemo\nPUBLIC HEARING FOR APPEAL\nA. APPEAL OF THE DENIAL OF DESIGN REVIEW 23-1553 TO EXTEND THE\nELEVATED DECK AREA BEYOND THE CITY COUNCIL CONDITIONED\nSQUARE FOOTAGE AND MINOR MODIFICATIONS TO THE DOORS AND\n11/3/23, 12:06 PM lagunabeachcity.granicus.com/GeneratedAgendaViewer.php?view_id=3&event_id=2461\nWINDOWS AT 1587 ATLANTIC WAY IN THE RESIDENTIAL/HILLSIDE\nPROTECTION ZONE AND FINDING THAT NO FURTHER\nENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO STATE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION\n15162\nRecommendations:\n(1) Partially grant the appeal (DR 23-1553) as to the modifications to the windows\nand doors, and partially deny the appeal as to the modifications to the elevated\ndeck, partially reverse the Administrative Design Review decision as to the\nmodification to the doors and windows, and partially uphold the Administrative\nDesign Review as to the elevated deck, and adopt a resolution that sets forth the\nfindings to grant the modification to the doors and windows and deny the\nmodification to the elevated deck;and\n(2) Make findings pursuant to the California Environmental Quality Act that no\nfurther environmental review is required pursuant to State California\nEnvironmental Quality Act Guidelines section 15162.\nStaff Report