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Minutes – July 21, 2004

Minutes – July 21, 2004




July 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 2:10 p.m.




Councilmember Hack led the Flag salute.




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

ABSENT:     None


STAFF PRESENT:    City Manager Keane; City Attorney Biggs; City Clerk Condon; Assistant City Manager Riley; Community Development Director Barr; Community Services Manager Foley








Moved by Mayor Pro Tem Ross, seconded by Councilmember Bouer, and carried unanimously to approve the City Proclamations 5.1.


5.1   Commendation – Merlin Sant – 100th Birthday




Moved by Councilmember McLaughlin, seconded by Mayor Pro Tem Ross, and carried unanimously to approve Consent Calendar items 6.1 through 6.5


6.1 Approved City Council Minutes from the special meeting of June 10, 2004, budget workshop of June 16, 2004, regular meeting of June 16, 2004 and adjourned regular meeting of June 28, 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 filed June 2004 monthly Treasurer’s Report.


6.4   Approved the July 21, 2004 Warrant Register in the amount of $1,133,072.04.


6.5   Notice of Completion – El Toro Road Tree Relocation Project from Willow Tree Shopping Center to Paseo de Valencia.


  1. Accepted project completion of a contract with Valley Crest Tree Company for the El Toro Road Tree Relocation Project from Willow Tree Shopping Center to Paseo de Valencia.


  1. Released contract retention in the amount of $4,379 withheld per government code 35 days following recordation of Notice of Completion with the County of Orange.


  1. Exonerated project posted bonds 35 days following recordation of Notice of Completion with the County of Orange.






8.1   Code of Ethics (Agendized by Mayor Pro Tem Ross)


Mayor Pro Tem Ross reported she is a member of the League of Cities Ethics Committee. The Committee is working on a code of ethics to recommend to their members. The City’s Administrative Policy 4.1 Code of Ethics only applies to staff. She requested Council direct staff to modify the existing Code of Ethics to include councilmembers and committee members.


Moved by Mayor Pro Tem Ross, seconded by Councilmember Bouer, and carried unanimously to direct staff to draft a Code of Ethics for Council.


8.2   League of California Cities: Appointment of Voting Delegates


City Manager Keane advised the City must appoint an official delegate and alternate who are authorized to vote on behalf of the Council at League of California Cities conferences and meetings. Traditionally, these positions are held by the Mayor and Mayor Pro Tem.


Moved by Councilmember Hack, seconded by Councilmember Bouer, and carried unanimously to appoint Mayor Ring as primary voting delegate and Mayor Pro Tem Ross as alternate voting delegate for all matters relating to the League of California Cities.




9.1   Smoking Regulations


City Manager Keane advised there were some minor changes to the proposed smoking ordinance which were recommended by the Planning Advisory Committee. She advised that cities have limited authority to enforce state regulations unless they have adopted their own regulations. Staff worked with the County of Orange and the Public Health Institute to draft an ordinance that 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. The proposed ordinance would apply within a private gated community such as Leisure World. Legal counsel recommended several minor additions to the proposed ordinance. Discussion was held regarding the 20 foot limit from any entrance, opening, crack or vent into an enclosed area and the selling of food outdoors. Mayor Ring requested that under Section 12. D that “each cigarette smoked” be removed. It was also requested that the statement “publically sponsored events” will be changed to “city sponsored events”.


Sidney Klein, resident, expressed support for the proposed ordinance. Amy Brewer, presented a letter from the director of Community Alliance Network also in support for the proposed ordinance. Martin Rhodes and Marilyn Tilton both requested clarification on several items.


Moved by Councilmember Hack, seconded by Councilmember Bouer, and carried unanimously to approve the introduction and first reading of an ordinance regulating smoking in the City of Laguna Woods, as amended, entitled:




9.2   911 Emergency Services Ambulance Service


City Manager Keane provided a brief introduction and advised that the Orange County Fire Authority (OCFA) would make a presentation. Jim Ruane introduced Chip Prather, OCFA Fire Chief, Greg Simoniam OCFA legal representative, John Howlind, OCFA Battalion Chief and presented a power point presentation. He reported the City of Laguna Woods is designated as the lead agency for operating area 35, which includes the city and adjacent areas of the unincorporated county and the Community Service District for Emerald Bay.   Doctors Ambulance Service, Inc currently serves operating area 35.   He advised that on behalf of all member agencies, OCFA has solicited proposals from pre-qualified ambulance companies for the provision of emergency medical transportation and related services. The original due date for the RFP was extended for two months, and, as a result, it was necessary for OCFA to extend the existing ambulance contracts for two months through August 31, 2004. OCTA has set the effective date for new contracts as September 1, 2004. The Orange County Fire Authority received bid proposals from two ambulance companies – Doctor’s Ambulance and Medix Ambulance – to provide ambulance service within the City of Laguna Woods and the adjacent unincorporated Newport Coast/Laguna Wilderness Areas referred to as EOA No. 35. The Orange County Fire Authority (OCFA) established a professional grading panel to evaluate and grade each of the bid proposals.


Based on the results of the competitive selection process, including the overall quality of the bid proposals received for EOA No. 35, the OCFA professional Grading Panel recommended that the exclusive operating area agreement be awarded to Doctor’s Ambulance Service, Inc. The Emerald Bay Service District Board of Directors also unanimously approved a resolution conveying its support for the selection of Doctor’s Ambulance Service Inc.


City Manager Keane reported that the City’s Social Services Sub-committee voted twice 5-3-1 and 6-2-1 in favor of Medix. The full Community Services Committee was unable to agree on a recommendation to Council, voting 5-5-1 in favor of both companies. The Social Services Committee and Community Services Committee both were impressed by the subscription insurance program which is offered by Medix. City Manager Keane advised, however, that the subscription program was not part of the bid proposal. Council asked questions of both staff and OCFA.


Jim Wadel, Emerald Bay Service District, reported their board passed a resolution in support of Doctors Ambulance


Michael Dimas, Medix owner and president, spoke and answered questions.


Jim Ignacio, Doctors Ambulance, discussed Doctors Ambulance and answered questions.


Kay Kearney, Director of Business Development at Doctor’s Ambulance, advised they were in the process of implementing a subscription insurance program which would be effective January 2005.


Richard Kaump, Aculert International, discussed their program and its relstionship to Medix.


Linda Wilson, United Laguna Hills Mutual, questioned whether the medical transponder would have current information. She further stated that currently a lot of residents maintain a vial with medical information inside


Mary Stone, resident, indicated the paramedics would treat a patient and the ambulance employees transport the patient.


Fire Chief Chip Prather stated he worked in the Leisure World area for six years and agreed the OCFA would look for any medical information available.


Moved by Councilmember McLaughlin, seconded by Mayor Pro Tem Ross, and carried unanimously to accept staff’s amended recommendation to authorize the city to award a 911 emergency services ambulance service contract for Operating Area 35 to Doctors Ambulance, Inc. and for Doctors Ambulance, Inc. to implement a subscription insurance program by January 2005


Mayor Ring called for a five minute recess at 3:50 p.m.


The meeting restarted at 3:55 p.m.


9.3   Trash Collection Franchise


Assistant City Manager Reilly introduced Mike Balliet, the City’s consultant on trash. California law requires the City regulate the collection, transport, recycling and disposal of solid waste. In May 2000, existing trash hauler franchise holders were notified of the City’s intention to issue a solid waste franchise on or about May 2005. The City staff has begun the preparation of an RFP and staff is seeking Council direction in several areas such as franchise coverage, level of service, recycling and franchise fee. Council indicated they would address each item separately.


Franchise Coverage – Assistant City Manager discussed the options for franchise coverage. The three options were to award one franchise for entire city, both commercial and residential; aware separate franchise for residential and commercial areas; or award separate franchises for residential and commercial areas of the city and allow private community associations to submit bids in cooperation with a waste hauler. City Manager Keane recommended all three options be drafted in the RFP and Council could review at the time the bids are received.   Discussion was held regarding residential and commercial areas. The Leisure World community is considered residential and the remainder of Laguna Woods is commercial, which includes The Fountains, Regency and Altera. Further discussion was held on the options and on eliminating the third option to award separate franchises for residential and commercial areas of the city and allow private community associations to submit bids.


Dick Sharp, resident, briefly discussed allowing Leisure World the option to bid.


Cris Trapp, PCM, advised the Leisure World community would like the option to bid.


Consensus was to issue the RFT with all three options.


Level of Service – Council consensus was to approve the insertion of items 1, 2b, 3, and 5 in the RFP. On Item 4, Council consensus was to establish the following service limits: 7 a.m. – 7 p.m. are the designated hours of operation, Monday – Saturday are the service days per week, except holidays or approved by the City.


Recycling – Council consensus was to approve all four items under recycling into the RFP to provide for options.


Franchise Fee – City Manager Keane discussed the option to establish a franchise fee and suggested it be set at 5%. Council discussed the issue and no consensus was reached. City Manager Keane requested consensus from Council for a 5% franchise fee in the RFP with Council making a decision prior to award of the bid. This could allow negotiation of the rates if Council decides not to collect a franchise fee. Discussion was held on the franchise fee and City Attorney Biggs discussed and answered questions on the franchise fee use. Council concurred with a 5% Franchise Fee in the RFP.


Council concurred with the recommendation that the firm or firms awarded a franchise reimburse the City for all costs associated with the RFP process, estimated to be $25,000 including staff time.


Assistant City Manager Reilly discussed the proposed schedule for the completion of the RFP, distribution of the RFP, receipt of proposals and advised staff expects the award of the franchise(s) would be done in early 2005.


Jay Ware, questioned whether the five year notice had been given to specialty haulers. City Attorney Biggs discussed the recent Mission Viejo action on this issue. Consensus was to include in the RFP and if necessary pull at the time of the award of the franchise.




City Attorney Biggs introduced Julie Convoy, from the Los Angeles office of Burke, Williams, Sorenson, (BWS) who will assist in backup work. She reported that Deputy City Attorney Brad Wohlenberg is not longer with the firm of BWS and is now working for a firm nearer his home. She further advised that Amy Morgan from their Riverside office will assist as Deputy City Attorney when necessary.


Mayor Ring requested a letter be drafted for his signature thanking Deputy City Attorney Wohlenberg for his assistance and wishing him well. Staff will comply.




12.1 El Toro Reuse Planning Authority (Councilmember Hack)


Councilmember Hack reported a new budget had been passed and provided an update.


12.2  Orange County Corridor Authorities (Councilmember Hack)


Mayor Ring congratulated Councilmember Hack on his appointment as Chair of the Transportation Corridor Authority.   Councilmember Hack thanked him and discussed the Foothill Eastern and San Joaquin toll roads.


12.3  Vector Control District (Councilmember Bouer)


Councilmember Bouer discussed the Benefit Assessment Tax and advised the ballots are still out.


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 budget was passed.


12.6  Laguna Canyon Foundation (Mayor Ring)


Mayor Ring reported the nature center is in plan check.


12.7 Coastal Greenbelt Authority (Mayor Ring)


Mayor Ring reported they approved phase 2 of the interactive Nix Center. He reported City Manager Keane made an impressive presentation on the Barbera’s Lake work group. He also reported City Manager Keane is continuing to negotiate with the County on the inclusion of the Woods End Wilderness Park into the Laguna Wilderness.




No comments.




No comments.



City Council met in closed session regarding the following:


A     City Council will meet 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.

  1. The City Council will meet in closed session to confer with legal counsel regarding one matter of potential litigation, pursuant to the provisions of Government Code Section 54956.9(b).


Council reconvened and advised there was no reportable action.




The meeting was adjourned at 6:55 p.m. An Adjourned Regular Meeting of the City Council will be held at 3:00 p.m.August 12, 2004 at LagunaWoodsCity Hall, 24264 El Toro Road, Laguna Woods, CA




Adopted: September 15, 2004