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Minutes – October 19, 2005

Minutes – October 19, 2005

 

CITY OF LAGUNA WOODS CALIFORNIA

CITY COUNCIL MINUTES

REGULAR MEETING

October 19, 2005

2:00 P.M.

 

 

  1. CALL TO ORDER

 

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

 

  1. FLAG SALUTE

 

Councilmember Ring led the flag salute.

 

III.  ROLL CALL

 

COUNCILMEMBERS    PRESENT:    Hack, Ring, Robbins, Ross

ABSENT:     Bouer

 

STAFF PRESENT:    City Manager Keane; Assistant City Attorney McEwen; City Clerk Condon; Assistant City Manager Reilly; Community Development Director Barr; Community Services Manager Foley; City Traffic Engineer Otterson

 

  1. PRESENTATIONS

 

City Manager Keane requested that Cathryn DeYoung, Mayor Pro Tem from Laguna Niguel, be able to speak under Presentations, rather than Public Comments. The consensus of Council was to allow her to speak.

 

4.1   Pat Krone, Commissioner – Orange County Human Relations – Annual Report and Certificate Presentation.

 

Pat Krone presented the Orange County Human Relations Commission annual report, reported on services provided to residents, and presented a certificate to Council.

Laguna Niguel Mayor Pro Tem DeYoung discussed the Orange County/Riverside Major Investment Study.

 

  1. CITY PROCLAMATIONS

 

Moved by Councilmember Ring, seconded by Councilmember Robbins and carried unanimously to approve Proclamations 5.1 – 5.6.

 

5.1 Commendation – Robert Suess – 100th Birthday

 

5.2 Commendation – Margie Cleman – 101st Birthday

 

5.3 Commendation – Babe Caldwell – 103rd Birthday

 

5.4 Commendation – John and Sharon Bennett

 

5.5 Proclamation – Breast Cancer Awareness Day

 

5.6 Proclamation – Senior Safe Mobility Day

 

  1. CONSENT CALENDAR

 

Moved by Councilmember Ring, seconded by Councilmember Robbins and carried unanimously to approve Consent Calendar items 6.1 through 6.6.

 

6.1   Approved the City Council minutes from the regular meeting of September 14, 2005.

 

6.2   Approved the reading by title of all ordinances and resolutions. Said ordinances and resolutions that appeared on the public agenda were determined to have been read by title only and further reading waived.

6.3   Treasurer’s Report

 

Received and Filed the September 2005 monthly Treasurer’s Report.

 

6.4 Warrant Register

 

Approved the October 19, 2005 Warrant Register in the amount of $652,509.62.

 

6.5 Laguna Woods Municipal Code

 

Adopted Ordinance No. 05-02 establishing the Laguna Woods Municipal Code entitled:

 

AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ADOPTING AND ENACTING THE CITY OF LAGUNA WOODS, CALIFORNIA, MUNICIPAL CODE

 

6.6 Amendment No. 8 to Agreement No. C-0-0936 between the Orange County Transportation Authority and City of Laguna Woods.

 

Approved Amendment No. 8 to Agreement No. C-0-0936, which is an agreement between the Orange County Transportation Authority and City of Laguna Woods, and authorized the Mayor to execute the agreement, subject to review by the City Attorney as to form.

 

VII.  PUBLIC HEARINGS

 

7.1   Mayer Corporation Senior Condominium Project (GPA05-01, ZC05-01, UP-243, SP-242, TM16835)

Community Development Director Barr reported the applicant, The Robert Mayer Corporation, requested approval of a General Plan Amendment, Zone Change, Use Permit, Site Development Permit and Tract Map to allow development of a 134-unit age-restricted residential project at 23522 Paseo de Valencia, the former Leisure World Administrative Building. The proposal includes the demolition of the existing office building and parking lot.

 

Community Development Director Barr advised that the property had an existing General Plan Land Use Designation of Commercial. A General Plan Amendment is required to change the land use designation to a residential category. The proposed High Density Residential land use designation will allow for 13 to 35 units and an average population density of 42 persons per acre. The General Plan Amendment will support the City’s General Plan Housing Element goals and would help meet the Regional Housing Needs Assessment (RHNA) requirement.

 

The applicant has requested a zone change from Professional and Administrative Office to Residential Multifamily (RMF). The applicant is proposing to a change of only the 3.054 acres of the property required for the proposed housing development. The zoning designation of the remaining 0.130 acres will remain unchanged.

The applicant is seeking to construct 134 condominiums. The Residential Multifamily (RMF) district on the subject property and the construction of condominiums require approval of a Conditional Use Permit. The applicant is seeking a density bonus to allow additional units and development incentives in exchange for providing affordable units. Prior to the commencement of sales, the developer must submit an affordable housing agreement to the City for review and approval.

 

Community Development Director Barr discussed the proposed site development plan.   The project consisted of 134 residential units within 2 primary building structures, 268 spaces of subterranean parking assigned to the dwelling units and an additional 33 guest spaces for a total of 301 onsite parking spaces, including handicapped accessible spaces. The building height will not exceed 46 feet.

 

A Tentative Tract Map is required for the subdivision of the property into two separate parcels and for the purposes of a condominium map. There are several easements associated with the map which allow access to the property from Paseo de Valencia, a golf cart path for access of the Leisure World residents to the Valencia Center, and emergency access through Leisure World for the Orange County Fire Authority. Construction of the proposed project would necessitate the relocation of certain utilities and new easements would be granted for the continued access and maintenance of those facilities.

 

Community Development Director Barr advised the City would recover application processing expenses through the collection of established permit fees. Community Development Director Barr reviewed the report which looked at impacts to the following areas: the City’s General Fund, the City’s Special Funds, The Orange County Fire Authority and County Library.

 

The project is required to dedicate park land or pay fees in lieu. Since dedication of land is not feasible, an in lieu fee is proposed. Based on the proposed residential density, the required park fee is $4,700 per unit; a total of $629,800. The applicant submitted a list of site amenities for consideration of a park fee credit. Staff recommends a credit of $204,171.15.

 

A Mitigated Negative Declaration (MND05-02) for this project was prepared and available from August 9, 2005 to August 29, 2005 for public review and comment. Two letters were received from governmental agencies acknowledging review of the project; but not offering any comments. The City of Laguna Hills verbally indicated that they have no comments. There were no comments from adjacent property owners.

 

The Planning Advisory Committee reviewed the project at the September 8, and October 11, 2005 meetings. Sally DeBellis, Chair of the Planning Advisory Committee, commented on the two Planning Advisory Committee meetings and their 7-0-1 recommendation for approval.

 

Larry Brose, Mayer Corporation, provided a power point presentation about the proposed project and answered questions.

 

Mike Curtis, resident, showed a brief power point presentation and stated his opposition to the project.

 

Libby Marks, resident, stated her support for the project.

 

Barbara Copley, resident, commented on the requested height modification and the Mitigated Negative Declaration.

 

Moved by Councilmember Hack, seconded by Councilmember Robbins and carried unanimously to establish a Park Fee Credit of $204,171.15 for onsite Recreational Facilities.

 

Moved by Councilmember Robbins, seconded by Councilmember Ring and carried 3-1:

 

Roll Call

Ayes:       Councilmembers:   Ring, Robbins, Ross

Noes:       Councilmembers    Hack

Absent:     Councilmembers:   Bouer

 

Approved Resolution 05-20 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION MND-05-02 FOR A SENIOR RESIDENTIAL PROJECT (GPA05-01, ZC05-01, UP-243, SP242, TM16835) LOCATED AT 23522 PASEO DE VALENCIA

 

And

 

Approved Resolution 05-21 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, AMENDING THE LAGUNA WOODS GENERAL PLAN LAND USE MAP CHANGING THE LAND USE DESIGNATION OF A 3.054 ACRE COMMERCIAL PARCEL TO “HIGH DENSITY RESIDENTIAL”

 

And

 

Introduced and approved the first reading of an Ordinance entitled: AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, APPROVING A ZONE CHANGE OF A 3.054-ACRE PARCEL ZONED “PROFESSIONAL AND ADMINISTRATIVE OFFICE (PA)” TO RESIDENTIAL “MULTIFAMILY (RMF)” LOCATED AT 23522 PASEO DE VALENCIA

 

And

 

Approved Resolution 05-22 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 16835 FOR THE SUBDIVISION OF 3.184 ACRES FOR THE PURPOSE OF A CONDOMINIUM MAP LOCATED AT 23522 PASEO DEVALENCIA

 

And

 

Approved Resolution 05-23 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (CUP-243) AND SITE DEVELOPMENT PERMIT (SP-242) FOR A 134 UNIT SENIOR RESIDENTIAL CONDOMINIUM DEVELOPMENT WITH 15 AFFORDABLE UNITS DESIGNATED FOR LOWER INCOME RESIDENTS LOCATED AT 23522 PASEO DE VALENCIA.

 

VIII. CITY COUNCIL

 

8.1 Citizen Advisory Committee Appointments

 

City Clerk Condon advised that three people were recommended for appointment to open positions on the Community Services Committee, Human Relations Committee and Water Quality Committee.

 

Moved by Councilmember Hack, seconded by Councilmember Robbins and carried unanimously to appoint Althea Shef (Ring) to the Community Services Committee, Ron Huber (Bouer) to the Human Relations Committee and Minerva “Mimi” Singer (Ring) to the Water Quality Committee.

 

  1. CITY MANAGER’S REPORT

 

9.1   2006 Community Services Grant Awards

 

Community Services Manager Foley advised that a public notice inviting applications for grants was published in the Leisure World News on July 28, 2005 and application packets were mailed to non-profit organizations that requested information. Thirteen non-profit or not-for-profit organizations requested community services grant application packets and eight applications were received by the August 31, 2005 deadline.

 

The Community Services Committee reviewed applications for grant funding and recommended awards to: The Braille Institute – $20,000; Saddleback Community Outreach – $15,000; Leisure World Friendly Visitor – $10,000; American Lung Association – $10,000; Saddleback Memorial Foundation – $10,000; Dayle McIntosh Center for the Disabled – $5,000; South County Senior Services, Transportation – $22,500, Adult Day Care – $22,500, Florence Sylvester Memorial Senior Center $30,000.

 

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

 

  1. Awarded a total of $70,000 in competitive Community Services grants to six grantees: The Braille Institute, Leisure World Friendly Visitor Program, Saddleback Community Outreach, American Lung Association, Saddleback Memorial Medical Center, and the Dayle McIntosh Center for the Disabled.

 

And

 

  1. Awarded a total of $75,000 in Community Services grants to South County Senior Services for adult day health care, transportation services and general operations at Florence Sylvester Memorial Senior Center.

 

9.2 Traffic Control Devices – Santa Maria Avenue

 

Assistant City Manager Riley reviewed the Santa Maria and Avenida Sosiega intersection configuration. He advised the intersection is a 4-way intersection, but functions as a tee intersection. Vehicle right of way is not always clear as northbound and southbound Sosiega traffic stop at Santa Maria, but Santa Maria traffic does not stop at Sosiega. Converting the intersection to an all-way stop intersection with a yield sign for west bound-to-northbound right turn lane on Santa Maria at Sosiega will eliminate right of way confusion. He also advised that once the stop sign installation was approved, staff would recommend the approval of the intersection as a golf cart crossing. The Transportation Advisory Committee voted unanimously to recommend that the City Council install stop signs on Santa Maria at Sosiega.

 

Councilmembers Robbins and Hack expressed their opposition to the installation of stop signs at Santa Maria and Sosiega recommended the installation of a crosswalk for the golfcarts. Mayor Ross recommended staff take another look at the intersection.

 

Councilmember Ring advised he had received calls from residents regarding the danger of the intersection.

 

Joseph Heller, Marty Rhodes, Mike Curtis, Harry Curtis, Gail Comes, residents, expressed their opposition to the installation of stop signs at the intersection and requested the sheriff continue to issue tickets to people who run the stop signs on Sosiega and to reduce the westbound Santa Maria speed.

 

Lt. Hogbin, Laguna Woods Police Services Chief, discussed the intersection from a law enforcement view, and advised traffic enforcement could be enhanced.

 

City Manager Keane advised that staff had been informed that golf carts were crossing the intersection illegally. Without the installation of stop signs the crossing could not be designated as a golf cart crossing and violators would need to be ticketed.

 

Assistant City Attorney McEwen advised that a dangerous condition could be created with the installation of a crosswalk.

 

Moved by Councilmember Ring, seconded by Councilmember Robbins, and carried unanimously to return the item to the Transportation Advisory Committee for further review.

 

  1. CITY ATTORNEY’S REPORT

 

Assistant City Attorney McEwen advised that everything was fine and provided an update on the Newdow vs. United States Pledge of Allegiance suit.

 

  1. COMMITTEE REPORTS

 

11.1  El Toro Reuse Planning Authority (Councilmember Hack)

 

Councilmember Hack provided an update and advised it should be over shortly.

 

11.2  San Joaquin Corridor Authority (Councilmember Hack)

 

Councilmember Hack reported that the negotiated agreement had just been released and provided details.

 

11.3  Vector Control District (Mayor Pro Tem Bouer)

 

Mayor Pro Tem Bouer was not present.

11.4  Library Board (Councilmember Robbins)

 

Councilmember Robbins advised no meeting was scheduled.

 

11.5  Orange County Fire Authority (Mayor Ross)

 

Mayor Ross provided a brief update on Measure D in the upcoming election.

 

11.6  Laguna Canyon Foundation (Councilmember Ring)

 

Councilmember Ring reported there would not be a meeting.

 

11.7 Coastal Greenbelt Authority (Councilmember Ring)

 

Councilmember Ring advised that a meeting would be upcoming.

 

11.8 Measure M. Supercommittee

 

Mayor Ross provided a brief update on Measure M.

 

Councilmember Hack briefly discussed Measure M and commented on the Orange County/Riverside Major Investment Study discussed by Laguna Niguel Mayor Pro Tem DeYoung.

 

XII. PUBLIC COMMENTS

 

Mary Wall, resident, discussed the noise level on El Toro Road.

 

Mike Curtis, resident, questioned whether the El Toro Road asphalt would be replaced and the sidewalk cleaned now that the sidewalk construction was complete. City Manager Keane reported the landscaper would be cleaning the sidewalks and the slurry sealing would be completed when the El Toro Road/Paseo de Valencia intersection improvements were completed.

 

Lloyd Gomez, resident, recommended that relative to the golf cart crossing issue, the City turn a portion of Santa Maria near Gates 10 and 11 into a private street and dedicate to Laguna Woods Village.

 

Ray Barrett, President of United Laguna Hills Mutual, thanked Council for the timing of the meeting, as United had the shortest meeting on record so residents could attend the Council meeting.

 

XIII. CITY COUNCIL COMMENTS AND ANNOUNCEMENTS

 

Councilmember Ring reported that staff attended an Orange County Housing & Community Services Department meeting and displayed paperwork prepared by County staff which read “City of Laguna Woods Village”. He also reported a list prepared by the County indicated that Doug Reilly and Patrick Foley worked for the City of Laguna Woods Village.

 

Councilmember Ring requested Lieutenant Hogbin discuss the article regarding Laguna Woods being the safest city in California. Lieutenant Hogbin discussed the FBI report which reported that Laguna Woods was the safest city in California and 37th safest city in the United States.

 

XIV.  CLOSED SESSION

 

14.1 The City Council met in closed session to confer with legal counsel regarding one matter of potential litigation, pursuant to the provisions of Government Code Section 54956.9

 

14.2 The City Council met in closed session to confer with legal counsel regarding one matter of pending litigation: City of Laguna woods vs. Raintree Realty LLC. Case No. 05 CC 09350 pursuant to the provisions of Government Code Section 54956.9(a), pursuant to the provisions of Government Code Section 54956.9.

 

There was no reportable action on Closed Session items 14.1 and 14.2.

 

  1. ADJOURNMENT

 

The meeting was adjourned at 5:02 p.m. to a regular meeting at 2:00 p.m. on November 16, 2005 at the Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637.

 

 

____________________________________________

SUSAN M. CONDON, City Clerk

 

Adopted: November 16, 2005

 

 

______________________________________________

BRENDA B. ROSS, Mayor