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Minutes – August 21, 2004

Minutes – August 21, 2004

CITY OF LAGUNA WOODS CALIFORNIA

CITY COUNCIL MINUTES

ADJOURNED REGULAR MEETING

August 12, 2004

3:00 P.M.

 

 

  1. CALL TO ORDER

 

Mayor Ring called the Adjourned Regular Meeting of the City Council of the City of Laguna Woods to order at 3:00 p.m.

 

  1. FLAG SALUTE

 

Councilmember McLaughlin led the Flag salute.

 

III.  ROLL CALL

 

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

ABSENT:     None

 

STAFF PRESENT:    City Manager Keane; City Attorney Biggs; City Clerk Condon; Assistant City Manager Riley

 

  1. CITY PROCLAMATIONS

 

Moved by Mayor Pro Tem Ross, seconded by Councilmember McLaughlin, and carried unanimously to approve the City Proclamations 4.1 and 4.2.

 

4.1   Commendation – Willard O. Miller – 100th Birthday

 

4.2   Proclamation – National Clown Week – August 1-7, 2004 (Ratify)

 

  1. CONSENT CALENDAR

 

Mayor Ring announced Consent Calendar Item 5.2 would be removed from the Consent Calendar at the request of Perry King. Moved by Councilmember Hack, seconded by Councilmember Bouer and carried unanimously to approve the Consent Calendar excluding item 5.2.

 

5.1   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.

 

5.2   City Manager Keane provide background on the drafting of the proposed smoking ordinance and the procedure ordinances must go through before they are adopted. She advised the adoption of the ordinance allows the City to issue administrative citations for smoking in the workplace and in enclosed places open to and used by members of the public. City Manager Keane advised the ordinance will not prohibit smoking in a private home or on a private balcony or patio. However, if a walkway/balcony is used by more than one owner to access their door, smoking is not allowed. Smoking is also not prohibited on the golf course or tennis courts unless within 20 fees of a doorway. The definition of a crack was explained as a crack large enough for smoke to go through, not a surface crack or small crack.

 

Perry King, Linda Allenstein, Joyce Hilton, and Joseph Bocchino spoke in opposition to the proposed ordinance.

 

Sidney Klein, Francis Petroskie, Regina Smearcheck and Lee Lunde smoke in favor of the proposed ordinance.

 

Councilmembers McLaughlin, Hack and Bouer, spoke in favor of the proposed ordinance.

 

City Manager Keane read the title into record.

 

Moved by Councilmember Hack, seconded by Councilmember McLaughlin, and carried unanimously to adopt Ordinance No. 04-06 entitled

 

AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, PROHBITING SMOKING IN OR AROUND WORKPLACES AND OTHER PLACES OPEN TO AND USED BY THE PUBLIC

 

  1. CITY MANAGER’S REPORT

 

City Manager Keane reported the City has approved plans for the slop stabilization at the Home Depot center and is waiting for Home Depot to pull a permit. Staff understands they are in negotiations with private property owners to protect all rights.

 

6.1   El Toro Road Sidewalk Widening from Moulton Parkway to Paseo De Valencia.

 

Assistant City Manager Reilly reported that on July 21, 2004 the City County rejected the apparent low bid for the El Toro Road Sidewalk Widening and Landscape Improvement project and authorized staff to rebid the project. Staff proposed to bid roadway, traffic signal, interconnect and landscaping work separately to obtain the lowest potential cost in each specialty area. Bids were let for the reconstruction of El Toro Road to accommodate the widened sidewalk and for modifications to traffic signals at the intersections of El Toro Road and St. Nicholas Church and El Toro Road and Avenida Sevilla.

 

 

Assistant City Manager Reilly advised there was additional conduit work required that would increase a contract awarded on March 17, 2004 to Y&M Construction. The additional work was discussed with the Deputy City attorney and the addition does comply with state law under the public contract code.

 

Assistant City Manager Reilly read the amended recommendations and answered questions from Council.

 

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

 

  1. Awarded a contract to Pouk & Steinle, Inc., in the amount of $197,600.00, plus authorized change orders not to exceed 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.

 

  1. Approved an amendment to increase the contract with Y&M Construction for installation of conduit from $73,489.50 to $115,719.50 plus authorized change orders not to exceed 10% of the base amount.

 

  1. Awarded a contract to Elite Bobcat Service, in the amount of $970,080.00, plus authorized change orders not to exceed 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.

 

  1. If Elite Bobcat Service refuses or fails to execute the contract as required by the bid specifications, award a contract to Orion Construction, Inc., in an amount up to $1,154,458.20, plus authorized change orders not to exceed 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.

 

  1. Appropriated $456,000 of additional federal Transportation Enhancement Activities (TEA) funds awarded by the OCTA for the El Toro Road Sidewalk Widening project.

 

VII.  CITY ATTORNEY’S REPORT

 

City Attorney Biggs reported everything was fine with the City.

 

VIII. PUBLIC COMMENTS

 

No comments.

 

  1. CITY COUNCIL COMMENTS AND ANNOUNCEMENTS

 

No comments.

  1. ADJOURNMENT

 

Mayor Ring announced the meeting would be adjourned in honor of Gloria Marienthal who passed away on August 7, 2004. Gloria was a member of several City committees. She recommended and implemented several programs within the City and she will be missed.

 

The meeting was adjourned at 3:45 p.m. A Regular Meeting of the City Council will be held at 2:00 p.m.September 15, 2004 at LagunaWoodsCity Hall, 24264 El Toro Road, Laguna Woods, CA

____________________________________________

SUSAN M. CONDON, City Clerk

 

Adopted: September 15, 2004

______________________________________________

ROBERT B. RING, Mayor