CITY OF LAGUNA WOODS CALIFORNIA
CITY COUNCIL MINUTES
REGULAR MEETING
April 21, 2004
2:00 P.M.
Mayor Ring called the Regular Meeting of the City Council of the City of Laguna Woods to order at 2:00 p.m.
Mayor Pro Tem Ross led the Flag salute.
III. ROLL CALL
COUNCILMEMBERS PRESENT: Bouer, McLaughlin, Ross, Ring
ABSENT: Hack
STAFF PRESENT: City Manager Keane; City Attorney Biggs; City Clerk Condon; Community Development Director Barr; Assistant City Manager Riley
None
Councilmember McLaughlin entered the meeting.
Moved by Mayor Pro Tem Ross, seconded by Councilmember Bouer, and carried unanimously to approve the City Proclamations 5.1 – 5.3.
5.1 Proclamation – National Volunteer Week – April 18-24, 2004
5.2 Commendation – Denise Welch
5.3 Proclamation – Cities That Read Campaign
Moved by Councilmember Bouer, seconded by Mayor Pro Tem Ross, and carried unanimously to approve Consent Calendar items 6.1 through 6.8
6.1 City Council Minutes from the regular meeting of March 17, 2004.
6.2 Approved the reading by title of all ordinances and resolutions. Said ordinances and resolutions that appear on the public agenda shall be determined to have been read by title only and further reading waived.
6.3 Received and File March 2004 monthly Treasurer’s Report.
6.4 Approved the April 21, 2004 Warrant Register in the amount of $404,722.08
6.5 Amendment No. 5 to Agreement No. C-0-0936 between the Orange County Transportation Authority and City of Laguna Woods
Approved and authorized the Mayor to execute Amendment No. 5 to Agreement No. C-0-0936, an agreement between the Orange County Transportation Authority and City of Laguna Woods.
6.6 Floodplain Management Standards
AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ADDING CHAPTER 8.80 TO THE MUNCIPAL CODE AND ADOPTING FLOODPLAIN MANAGEMENT STANDARDS FOR SPECIAL FLOOD HAZARD AREAS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE NATIONAL FLOOD INSURANCE PROGRAM AND THE OBLIGATIONS THEREOF.
6.7 Notice of Completion – 2003-04 Energy Efficient Improvement Project: Installation or Replacement of Heat Pump Units
6.8 Notice of Completion – Street Light Replacement Project: United Laguna Hills Mutual of Leisure World
A Accepted project completion of a contract with Three Kings Construction for the Streetlight Replacement in United Laguna Hills Mutual of Leisure World.
VII. PUBLIC HEARINGS
None
VIII. CITY COUNCIL
8.1 Proposed Initiative Reallocating Proposition 172 Money (Councilmember McLaughlin)
Councilmember McLaughlin discussed the proposed initiative to reallocate Proposition 172 money. She expressed concern that if the proposed initiative passes, the cost of the sheriff’s contract could increase. City Manager Keane provided background information on Proposition 172 and the proposed initiative.
Moved by Councilmember McLaughlin, seconded by Mayor Ring, to not support the proposed initiative. The motion failed on a vote of 2-2.
ROLL CALL
AYES: COUNCILMEMBER: McLaughlin, Ring
NOES: COUNCILMEMBER: Bouer, Ross
ABSENT: COUNCILMEMBER: Hack
CITY MANAGER’S REPORT
9.1 Commercial Fortunetelling and Psychic Regulations
Community Development Director Barr discussed the proposed ordinance which is intended to regulate the practice of commercial fortunetelling to reduce the risk of fraud and larceny. The regulations require a license and outline the application process and review criteria. The standards for operating a commercial fortuneteller or psychic business include the posting of fees, providing receipts, and allowing customers to record their consultation. The ordinance exempts fortunetelling when it is a form of entertainment or fundraising, club meetings, classes and conferences provided that only general fees are paid for the overall event or meeting. Charitable events and fundraisers for qualified 501(c)(3) organizations may also be exempted from the licensing requirements. Fortunetelling activities associated with religious services of established and bona fide churches, as defined by the code, are also exempt from the fortuneteller regulations.
Fortunetellers with valid licenses from neighboring jurisdictions would be able to apply for an exemption from the City licensing requirements if they have more than six months left on the term of their license and if the jurisdiction in which they are licensed has requirements that are substantially similar or more restrictive than those of Laguna Woods. The proposed ordinance directs the City Manager to prepare a list of such jurisdictions.
Community Development Director Barr advised there was one change to the proposed ordinance. In section 6.06.060, the requirement that a person holding a certificate of ordination from such bona fide church or religious association file a certified copy of this/her certificate of ordination was deleted.
City Manager Keane advised staff met with the Leisure World Parapsychology Society to resolve their issues. Resident George Portlock had several questions which were answered by staff.
Moved by Councilmember McLaughlin, seconded by Councilmember Bouer, and carried unanimously to approve the introduction and first reading of an Ordinance establishing Commercial Fortunetelling and Psychic Regulations for the City of Laguna Woods, entitled:
AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ADDING CHAPTER 6.06 “COMMERCIAL FORTUNETELLING AND PSYCHIC REGULATIONS” TO THE MUNICIPAL CODE AND ADOPTING LICENSING REQUIREMENTS AND REGULATIONS FOR FORTUNETELLING BUSINESSES
ROLL CALL
AYES: COUNCILMEMBER: Bouer, McLaughlin, Ross, Ring
NOES: COUNCILMEMBER: None
ABSENT: COUNCILMEMBER: Hack
9.2 Massage Regulations and Licensing
Massage businesses and related activities are of significant concern to local municipalities and law enforcement on several levels. To respond to issues, many municipalities have developed licensing programs that establish zoning and compliance standards.
When the City of Laguna Woods incorporated, it adopted all the standards that were in place at the County at that time. Subsequent to incorporation, the County has revised its standards for the regulation of massage businesses. This has resulted in some enforcement issues for the Orange County Sheriff’s Department when acting as the City’s Police Department. Without local regulations, the Sheriff’s Department and City have a difficult time enforcing minimal compliance conditions or even denying an application that may not be in the best interests of the community.
The proposed regulations require that massage establishments and employees be licensed. The ordinance establishes the application requirements, operational standards for massage establishments and the minimum qualification for people working within the industry.
The proposed massage regulations include exemptions to the code requirements. One significant distinction between the proposed ordinance and County standards is that the proposed Laguna Woods regulations do not limit massage activities to fixed massage establishments. Under these regulations, a licensed massage practitioner can travel to a client’s home for the purpose of massage therapy. While the Sheriff’s Department typically discourages off-premise massage, the unique demographics associated with Laguna Woods suggest that home care may be necessary for many residents, and the risk of criminal activity is significantly reduced by the required minimum training and background screening required in the ordinance.
Resident John Colenburger, a licensed massage therapist in Lake Forest answered questions from Council.
Moved by Mayor Pro Tem Ross, seconded by Councilmember McLaughlin, and carried unanimously to approve the introduction and first reading of an Ordinance establishing Massage Business Regulations for the City of Laguna Woods, entitled:
AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ADDING CHAPTER 6.08 “MASSAGE BUSINESS REGULATIONS” TO THE MUNICIPAL CODE AND ADOPTING LICENSING REQUIREMENTS AND REGULATIONS FOR MASSAGE BUSINESSES
ROLL CALL
AYES: COUNCILMEMBER: Bouer, McLaughlin, Ross, Ring
NOES: COUNCILMEMBER: None
ABSENT: COUNCILMEMBER: Hack
9.3 Woods End Park Fence and Entranceway Contract Award
Assistant City Manager Reilly reported that in June of 2003, the City Council approved a $75,000 budget for the Woods End Park Entranceway project. The project design was approved by the City Council in January 2004.
The City of Laguna Woods hired a consultant to develop and prepare the design plan, project specifications and bid documents for the Woods End fence and entryway improvements. The project was advertised and the City received the following two bids:
Belaire-West Landscape $82,496
International Pavement Solutions $98,038
The original budget included $10,000 for design and preparation of project bid specifications, which has been spent, and $65,000 for actual construction work. The low project bid of $82,496 exceeds the construction budget by $17,496 and does not allow contingency funding for unexpected change orders.
Moved by Councilmember Bouer, seconded by Mayor Pro Tem Ross, and carried unanimously to approve the following:
City Attorney Biggs reported everything was fine with the city.
XII. COMMITTEE REPORTS
12.1 El Toro Reuse Planning Authority (Councilmember Hack)
There was no report as Councilmember Hack was not present at the City Council meeting.
12.2 Orange County Corridor Authorities (Councilmember Hack)
There was no report as Councilmember Hack was not present at the City Council meeting.
12.3 Vector Control District (Councilmember Bouer)
Councilmember Bouer discussed fire ants and reported the trustees voted for a proposed increase in the Benefit Assessment Tax. The election will be conducted by nail.
12.4 Library Board (Councilmember McLaughlin)
Councilmember McLaughlin reported there was no meeting.
12.5 Orange County Fire Authority (Mayor Pro Tem Ross)
Mayor Pro Tem Ross reported the OCFA is in their new building.
12.6 Laguna Canyon Foundation (Mayor Ring)
Mayor Ring reported the Nix Nature Center will have groundbreaking on May 22.
12.7 Coastal Greenbelt Authority (Mayor Ring)
Mayor Ring reported the next meeting will be in late May.
XII. PUBLIC COMMENTS
None
XIII. CITY COUNCIL COMMENTS AND ANNOUNCEMENTS
Mayor Ring asked if the golf cart path issue would be on the next agenda. City Manager Keane reported the City is awaiting Caltrans approval on the El Toro Road rehab plan. Once approval has been received, the plans will go out for bid.
Mayor Ring read the closed session item.
Council recessed to Closed Session at 3:08 p.m.
XIV. CLOSED SESSION
City Council met in closed session pursuant to Government Code Section 54956.8, to give direction to it’s real property negotiator, Leslie Keane, with respect to the purchase of an approximately one acre property located at 24264 El Toro Road (APN 621-121-27). Negotiating party: Raintree Realty LLC. Under negotiation: price and terms of payment.
Council reconvened at 3:50 p.m. and advised there was no reportable action.
The meeting was adjourned at 3:52 p.m. A Regular Meeting of the City Council will be held at 2:00 p.m. May 19, 2004 at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92653.
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SUSAN M. CONDON, City Clerk
Adopted: May 19, 2004
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ROBERT B. RING, Mayor
