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Minutes April 30, 2003

Minutes April 30, 2003





April 30, 2003

2:00 P.M.





Mayor Hack called the Adjourned Regular Meeting of the City Council of the City of Laguna Woods to order at 2:00 p.m.




Councilmember Bouer led the Flag salute.




COUNCILMEMBERS    PRESENT:    Bouer, McLaughlin, Ross, Ring, Hack

ABSENT:     None


STAFF PRESENT:    City Manager Keane; Deputy City Attorney Morgan; City Clerk Condon; Assistant City Manager Reilly; Community Director Barr;




4.1   League of California Cities: Voting Delegate


City Manager Keane reported that traditionally, the Mayor is authorized to vote on behalf of the City at all League of California Cities events. An alternate is appointed should the Mayor be unable to attend a particular meeting. As Councilmember Ross is a member of the Executive Committee for the League of California Cities/Orange County Division, she is generally required to attend most League functions and can serve as an alternative City voting delegate.

Moved by Mayor Hack, seconded by Councilmember Bouer and carried unanimously to approve the following:


  1. Appoint Mayor Bert Hack as primary voting delegate and Councilmember Brenda Ross as alternate voting delegate for all matters relating to the League of California Cities.


  1. Authorize Councilwoman Ross’ attendance at the May 14-15, 2003 League of California Cities Legislative meeting in Sacramento and transfer the sum of $500 from the Council Contingency account to cover travel and hotel expenses

4.2   Community Services Committee: Transportation Subcommittee


City Manager Keane advised the Community Services Committee recently assumed responsibility for community individuals who provide ACCESS qualification assistance to residents. As Councilmember Bouer has served as a training volunteer, appointing him as City Council liaison will allow him to formally participate in the subcommittee activities.


Moved by Mayor Pro Tem Ring, seconded by Councilmember Ross and carried unanimously to appoint Councilmember Robert Bouer as City Council liaison to the Transportation Subcommittee of the      Community Services Committee.



5.1   Grading Code Amendment


Community Development Director Barr advised the proposed amendment represents text revisions to the existing Grading Code adopted shortly after City incorporation. The Grading Code is intended to safeguard life, limb, property, and the public welfare by regulating grading on private property within the City. The Grading Code sets forth rules and regulations to control excavation, grading, and earthwork construction, including fills and embankments. In addition, the Grading Code establishes administrative requirements for the issuance of Grading Permits. These requirements included the standards and inspection requirements for grading construction in accordance with the Uniform Building Code, and the more recently adopted stormwater quality requirements related to construction activities


Moved by Mayor Pro Tem Ring, seconded by Councilmember McLaughlin and carried unanimously to approve the introduction and first reading of the following ordinance entitled:




5.2   Fiscal Year 2002-03 and 2003-04 Annual Budget


City Manage Keane advised the meeting starts the Fiscal 2003-04 budget processes. She requested Council provide direction to staff on the General Fund budget and then the Capital Improvement budget.


City Manager Keane advised the City is anticipating $6.7 million in new revenues in Fiscal Year 2003-04 to be distributed as follows:


General Fund            $4,712.081

Transportation Fund     1,729,965

Grants Fund             247,760


The General Fund expenditures are projected to be approximately $3,553,654, which is almost 18% under estimated current year expenditures. She stated the budget does not include an increase in revenues, fees, taxes, and continues the waiver of the franchise fee for cable service. Staff is recommending continuation of all existing programs at their current level such as the Community Services programs. The sheriff has projected a $100,000 increase in public services.


Discussion was held regarding the suspension of the annual cable TV franchise fee. City Manager Keane advised that previously the cable franchise fee was waived on residents’ contributions. There was no intention to suspend the fee on other revenue. Council members expressed their agreement with this interpretation.


Mayor Pro Tem Ring questioned whether the budget included an amount for improvements to Laguna Laurel and/or Woods End. City Manager Keane advised there was no money currently budgeted for Laguna Laurel. Councilmember Ring asked that adequate money be added to the budget to complete fencing and entryway work at Woods End.


Mayor Hack discussed the Transit Occupancy Tax and questioned our tax in relation to other local cities. Staff advised that most surrounding cities were 8-10%, except Laguna Beach which was at 12%. Council requested staff check with other cities on the tax. City Manager Keane advised that increasing the Transit Occupancy Tax would require a vote of the registered voters.


Milt Robbins, GRF President, discussed the city proposal to charge the franchise fee on advertising revenue and what other areas the fee could be charged on.


Harry Curtis, resident, stated that during incorporation, one of the items discussed was that the franchise tax on cable TV system could be waived permanently and not just for a time.


Councilmember McLaughlin discussed what the City has done from the community, which included the suspension of approximately $150,000 in cable TV franchise fees. Councilmembers also mentioned some of the benefits of being a city which included the purchase of Woods’ End, extensive road maintenance, full time sheriff and motorcycle, $150,000 in local grants, replacing United light poles and paying for electricity.


Moved by Councilmember McLaughlin, seconded by Councilmember Bouer and carried unanimously to approve, in concept, the budget proposals present presented by staff.


Assistant City Manager Reilly discussed the proposed Seven Year Capital Improvement Program.


Moved by Mayor Pro Tem Ring, seconded by Councilmember Bouer and carried unanimously to approve, in concept, the proposed Seven Year Capital Improvement Program.


Assistant City Manager Reilly discussed proposed modifications to the El Toro Sidewalk program. He advised Council had approved funding for the immediate construction of this project. However, if the City wishes to apply for federal funding, this project must be delayed for six months. He recommended splitting off the portion of the project relating to the El Toro medium and sidewalk west of Moulton.


Moved by Mayor Pro Tem Ring, seconded by Councilmember Ross to approve a delay in the El Toro Sidewalk project.


Assistant City Manager Reilly discussed the proposed modifications to the Fiscal Year 2002-03 Capital Improvement Program


Moved by Councilmember McLaughlin, seconded by Councilmember Bouer and carried unanimously to approve the following:


  1. Moulton Parkway Pavement Rehabilitation – Southerly City Limit to Via Campo Verde – move $264,500 in fuel tax and $400,000 in federal fund from FY 02/03 to FY 03/04 and rebudget $400,000 in federal fund income in FY 03/04;
  2. El Toro Road Landscaping – southwest City limit to Calle Sonora – move $300,000 in fuel tax fund expense from FY 03/04 to FY 02/03;
  3. Use up to $50,000 in fuel tax fund budgeted for street maintenance in this fiscal year to install traffic signal pedestrian improvements.


5.3   El Toro Road Landscape Improvements


Assistant City Manager Reilly reported that seven bids were received for the El Toro Road Landscape Improvements ranging for $478,740.70 to $761,177.00. The low bidder was Terra-Cal Construction and we have received excellent references.


City Manager Keane advised the bid allowed the contractor to either supply dirt or obtain dirt from the Leisure World Gate 12 area. The contractor will be supplying the dirt as they are able to obtain dirt cheaper than is available from Leisure World.


Moved by Councilmember Bouer, seconded by Councilmember Ross and carried unanimously to award a contract to Terra-Cal Construction in the amount of $478,740.70, plus authorized change orders not exceeding 15% of the base amount, and authorize the City Manager to execute a contract and approve change orders, subject to approval of the contract as to form by the City Attorney.




Dan Davis, PCM Broadband Director, expressed concern regarding the proposed charging of franchise fees on advertising revenue. He advised he would be willing to meet with the City to renegotiate the Cable franchise and advised the community is proud of the City and all that has been accomplished.


Resident Mary Stone reminded the audience that April 30th was the last day of the Exercise Challenge and to turn in their progress report. She advised that progress report will be accepted up until May 12th and then all the boxes will be picked up.


City Manager Keane and Mayor Hack thanked Mary Stone and her committee, on behalf of the City and City staff, for their time in running the Exercise Challenge.




Councilmember Ross advised the Orange County Fire Authority had 12 new engines that will be phased into service and two of those engines will be stationed at Station 22. She also thanked Mary Stone and the Exercise Challenge volunteers


Mayor Hack advised there were a large number of people present recently at an event at El Toro relating to the upcoming sale of property. He reported the Orange County Board of Supervisors has not yet ratified the tax transfer agreement.


Mayor Pro Tem Ring reported that the pictures hanging behind the Council were on loan from the Laguna Canyon Foundation.




The meeting was adjourned at 3:35 p.m. A Regular Meeting of the City Council will be held at 2:00 p.m. May 21, 2003 at the Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92653.




Adopted: May 21, 2003