CITY OF LAGUNA WOODS, CALIFORNIA
CITY COUNCIL MINUTES
REGULAR MEETING
August 16, 2006
2:00 P.M.
Mayor Bouer called the Regular Meeting of the City Council of the City of Laguna Woods to order at 2:00 p.m.
Mayor Bouer led the flag salute.
III. ROLL CALL
COUNCILMEMBERS: PRESENT: Hack, Ring, Robbins, Bouer
ABSENT: Ross
STAFF PRESENT: City Manager Keane; City Attorney McEwen; City Clerk Condon; Assistant City Manager Reilly
None.
Moved by Councilmember Ring, seconded by Mayor Pro Tem Robbins, and carried unanimously to approve City Proclamations 5.1 and 5.2.
5.1 Proclamation – Inner-Coastal Cleanup Day – September 16, 2006
5.2 Proclamation – National Alcohol and Drug Addiction Recovery Month – September 2006
City Manager Keane advised that Councilmember Hack requested the removal of item 6.5 from the Consent Calendar.
Moved by Mayor Pro Tem Robbins, seconded by Councilmember Ring, and carried unanimously to approve Consent Calendar items 6.1 – 6.7, excluding item 6.5.
6.1 Approved City Council minutes from the regular meeting of July 19, 2006.
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 Treasurer’s Report
Received and filed July 2006 monthly Treasurer’s Report and Fourth Quarter Fiscal Year 2005-2006 Treasurer’s Report.
6.4 Warrant Register
Approved the August 16, 2006 Warrant Register in the amount of $391,944.95.
6.6 Notice of Completion – El Toro Road Golf Cart Path Project
6.7 Community Development Block Grant: Energy Efficiency Retrofit Program
Approved three year agreements and associated equipment unit prices with Dickson’s Heating and Air Conditioning and Saddleback Windows for the installation of energy efficiency equipment for low income residents; and authorized the City Manager to execute the agreements subject to approval as to form by the City Attorney.
6.5 Eminent Domain Proceedings
Councilmember Hack discussed eminent domain and the Kelo v. City of New London. He stated that he did not feel the proposed City ordinance was necessary and that it was ambiguous. He stated that California law requires a redevelopment agency be created and that property in the City does not meet the definition of blight and a redevelopment agency cannot be formed at this time. He also stated that the City Council has never expressed an intention of taking private property for private development.
Councilmember Ring discussed his support for the ordinance and stated he wanted to send a message to the residents that the Council does not intend to take private property for private development.
City Attorney McEwen advised that the ordinance was drafted to be consistent with the resolution passed by Council.
Pam Grundke, resident and member of Resident’s Voice, discussed eminent domain abuse and thanked Council for considering the proposed ordinance. She invited Council to attend the Resident’s Voice meeting on October 5.
Jan McLaughlin, resident, stated she agreed with Councilmember Hack’s comments, but supported adopting the ordinance to show the residents that the City would not be taking private property for private development.
Michael Ellis, resident, asked some questions regarding the ordinance and then expressed his support for the ordinance.
Moved by Councilmember Ring, seconded by Mayor Pro Tem Robbins and carried 3-1, with Councilmember Ross recorded as absent.
Roll Call
Ayes: Councilmembers: Ring, Robbins, Bouer
Noes: Councilmembers Hack
Absent: Councilmembers: Ross
AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, REGULATING THE USE OF EMINENT DOMAIN FOR ECONOMIC DEVELOPMENT
VII. PUBLIC HEARINGS
None.
VIII. CITY COUNCIL
8.1 Advisory Committee Appointment
City Manager Keane advised that Mayor Bouer nominated Melvin Weber to the Human Relations Committee. She also advised there are still two vacancies on the Human Relations Committee (Robbins and Ross).
Moved by Mayor Pro Tem Robbins, seconded by Councilmember Ring and carried unanimously to appoint Melvin Weber to the Human Relations Committee.
8.2 City Council Meeting Schedule
City Manager Keane advised that since the nomination period for two City Council positions closed on August 11th and there are only two candidates for the two positions, the City Council may choose to consider to appoint the candidates in lieu of election, and that such a decision must be made within a specified timeframe. The date of Tuesday, August 22, 2006 was proposed.
It was also suggested that the November 15th meeting be rescheduled to November 8th as Mayor Pro Tem Robbins and Councilmember Ring, along with the City Manager and City Clerk will be out of town at the annual California Joint Powers Insurance Authority conference.
Moved by Mayor Pro Tem Robbins, seconded by Councilmember Ring and carried unanimously to schedule an adjourned regular meeting for 2:00 p.m. on Tuesday, August 22, 2006; and reschedule Council’s regular November 15, 2006 meeting to 2:00 p.m. on Wednesday, November 8, 2006.
8.3 City Council Appointments to Regional Boards and Committees
City Manager Keane advised that two organizations have requested official city council appointments.
Moved by Councilmember Ring, seconded by Councilmember Hack and carried unanimously to approve the following:
9.1 Barbed Wire Intrusions into Public Rights of Way
City Manager Keane advised that a recent risk management evaluation raised the issue of the City’s liability exposure from barbed wire from the private community that intrudes into the City’s right-of-way. She noted that staff was concerned about four locations and discussed possible options. California Joint Powers Insurance Authority (CJPIA), the City’s insurance authority, reviewed the situation and recommended the situation be remedied as soon as possible.
Mayor Pro Tem Robbins expressed his concern regarding the liability exposure and recommended that the city require an indemnification agreement from the Laguna Woods Village and fund part of the cost to relocate the barbed wire behind the wall.
Moved by Mayor Pro Tem Robbins and seconded by Councilmember Ring to obtain an indemnification agreement from the Laguna Woods Village within 30 days; have the barbed wire removed from the dog park and along Ridge Route within 90 days and the city would contributed $10,300 toward removal and relocation; and return to Council with recommendations for the barbed wire on Moulton Parkway and El Toro.
Councilmember Hack recommended that staff meet with the Laguna Woods Village representatives and discuss how to solve the problem and then return to Council with further information.
Cris Trapp, represented GRF, stated that the barbed wire had been there for over 40 years and according to the community’s risk manager, there had never been a claim. She requested that Council allow the community a reasonable time to make any required changes.
City Manager Keane stated that CJPIA recommended an indemnification agreement from the community as soon as possible.
Martin Rhodes, resident and member of GRF Board, stated that the barbed wire provided security and felt that an indemnification agreement would answer the problem.
Mayor Pro Tem Robbins asked if the City could grant a waiver to the city code and allow Laguna Woods Village to replace the barbed wire.
Mayor Pro Tem Robbins amended the motion, that the City Manager was authorized to meet with Laguna Woods Village to negotiate an indemnification agreement and discuss with the community on the removal and replacement of the barbed wire. Councilmember Ring asked that the motion be further amended to add removal of the barbed wire from the dog park and along Ridge Route within 120 days, with the City contributing $10,300 toward removal
Discussion was held on the removal and relocation of the barbed wire and Mayor Pro Tem Robbins withdrew the motion.
Moved by Councilmember Hack, seconded by Mayor Pro Tem Robbins and carried unanimously to obtain an indemnification agreement from Laguna Woods Village within 30 days.
Moved by Councilmember Ring, seconded by Mayor Pro Tem Robbins and carried unanimously to require the barbed wire be removed from the dog park and along Ridge Route within 120 days and authorize the allocation of up to $10,300 toward that removal and relocation; and direct staff to meet with the Village representatives and report back to Council with recommendations for the relocation of barbed wire intrusions into the public rights of way in other areas along Moulton Parkway and El Toro Road.
Nicholas Manfredi, resident, expressed his concern regarding the barbed wire.
9.2 Non-Emergency Medical Transportation
City Manager Keane provided an overview of the City’s “gap” non-emergency medical transportation program for residents who are unable to obtain service from South County Senior Services (SCSS). City staff received calls from residents who were registered in the SCSS program, but were unable to obtain transportation to medical appointments. SCSS was contacted in mid-July and the City was advised that there was insufficient program funding to meet demand and a letter would be mailed to current SCSS participants advising them of locations that had been eliminated and the cap on the number of trips. The City has accommodated the extra demand, but expects to have both a funding and staff shortage if the trend continues. During the first 15 days of August, the city “gap” non-emergency medical transportation program serviced about 60 round trips.
Current City policy requires residents to enroll in the SCSS program and contact them first for transportation; City services are available only to those who SCSS cannot serve. Staff suggested that the City suspend this p[policy on a temporary basis and allow all residents, sixty years or order, to participate in the City program regardless of whether or not they are eligible for the SCS program.
Councilmember Ring reported that he and the City Manager met with the Office on Aging and SCSS and discussed the City’s concerns.
Dr. Marilyn Ditty, SCSS, discussed the SCSS program and funding of their transportation program.
Dan Palombo, SCSS, advised that SCSS expected their program usage to continue to increase.
Denise Welch, resident, advised she had been on the SCSS Transportation Committee and that she wrote a letter to the Board of Supervisors.
Florence Lesner, resident, advised that since she was no longer being provided transportation to the VA in Santa Ana, she had to go the VA in Long Beach. City Manager Keane informed her that the City does provide transportation to the VA in Santa Ana. She recommended that she contact City staff for further information.
Dan Levine, Board Member with SCSS, briefly discussed funding senior non-emergency medical transportation programs.
Mayor Pro Tem Robbins advised that Council currently had no intention of reducing the funding for the City’s SNEMT program, but due to the number of recent complaints would investigate expanding the program.
Moved by Councilmember Ring, seconded by Mayor Pro Tem Robbins and carried unanimously to modify current City NEMT and non-emergency medical transportation guidelines and to allow any resident over the age of 60 to use the program on an interim basis. Staff was directed to return at a later meeting with further recommendations for this program.
City Attorney McEwen advised that he had no report.
11.1 San Joaquin Corridor Authority (Councilmember Hack)
Councilmember Hack advised that there was nothing to report.
11.2 Vector Control District (Mayor Bouer)
Mayor Bouer advised that there would be a meeting on Thursday, August 17, 2006.
11.3 Library Board (Mayor Pro Tem Robbins)
Mayor Pro Tem Robbins advised that there had not been a meeting.
11.4 Orange County Fire Authority (Councilmember Ross)
Councilmember Ross was not present to provide a report.
11.5 Laguna Canyon Foundation (Councilmember Ring)
Councilmember Ring reported that they met last week and briefly discussed the education program. He reported the Design Committee met that morning.
11.6 Coastal Greenbelt Authority (Councilmember Ring)
Councilmember Ring advised that there was nothing to report
XII. PUBLIC COMMENTS
None.
XIII. CITY COUNCIL COMMENTS AND ANNOUNCEMENTS
None.
XIV. CLOSED SESSION
None.
The meeting was adjourned at 4:10 p.m. A meeting will be at 2:00 p.m. on September 20, 2006 at the LagunaWoodsCity Hall, 24264 El Toro Road, Laguna Woods, CA
__________________________________
SUSAN M. CONDON, City Clerk
Adopted: September 20, 2006
__________________________________
ROBERT BOUER, Mayor
