CITY OF LAGUNA WOODS CALIFORNIA
CITY COUNCIL MINUTES
December 22, 2004
Mayor Ring called the Regular Meeting of the City Council of the City of Laguna Woods to order at 2:00 p.m.
Councilmember Robbins led the flag salute.
III. ROLL CALL
COUNCILMEMBERS PRESENT: Bouer, Hack, Robbins, Ross, Ring
STAFF PRESENT: City Manager Keane; City Attorney Biggs; City Clerk Condon; Assistant City Manager Reilly; Community Development Director Barr
No changes to the agenda.
5.1 Pat Krone, Commissioner – Orange County Human Relations – Annual Report and Certificate Presentation.
Pat Krone presented the Orange County Human Relations Commission annual report and reported on services provided to residents.
Moved by Mayor Pro Tem Ross, seconded by Councilmember Hack, and carried unanimously to approve the City Proclamation 5.1.
5.1 Commendation – Former Councilmember Jan McLaughlin
Moved by Councilmember Bouer, seconded by Councilmember Robbins and unanimously carried to appoint Brenda Ross as Mayor.
Moved by Councilmember Robbins, seconded by Councilmember Ring and unanimously carried to appoint Bob Bouer as Mayor Pro Tem.
VII. CONSENT CALENDAR
Moved by Councilmember Ring, seconded by Councilmember Hack, and carried unanimously to approve Consent Calendar items 7.1 through 7.8.
7.1 Approved City Council Minutes from the regular meeting of November 17, 2004 and the adjourned regular meeting of December 1, 2004.
7.2 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.
7.3 Received and filed November 2004 monthly Treasurer’s Report.
7.4 Approved the December 22, 2004 Warrant Register in the amount of $524,370.92.
7.5 City Investment Policy
Adopted Resolution No. 04-23, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ACKNOWLEDGING THE REVIEW, RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY
7.6 Cooperative Agreement with City of Laguna Hills for the Improvement of the El Toro Road at Paseo De Valencia Intersection
Approved and authorized the Mayor to execute a Cooperative Agreement with the City of Laguna Hills for the improvement of the El Toro Road at Paseo de Valencia intersection, subject to approval of the agreement as to form by the City Attorney.
7.7 Contract Award for El Toro Road Community Landscape Screening Project
Awarded a contract to Belaire-West Landscape, Inc., in the amount of $64,440, plus authorized change orders not to exceed 15% of the base amount; and authorized the City Manager to execute a contract and approve change orders, subject to approval of the contract as to form by the City Attorney.
7.8 Traffic Speed Radar Equipment
Approved the allocation of $6,600 of California Law Enforcement Equipment Program (CLEEP) funds for the purchase of two stationary radar guns.
VIII. PUBLIC HEARINGS
8.1 Park Land Dedication and Fee Ordinance
City Manager Keane introduced Stephen McEwen with Burke, Williams and Sorenson who assisted staff with the ordinance.
Community Development Director advised the City’s recreation and open space goals and objectives are identified in the City’s General Plan Open Space Element. The policy implementation measures specifically recommend that the City consider a park land dedication and in-lieu fee ordinance for properties not subject to the City’s existing Quimby Act Ordinance.
The Quimby Act is State legislation that allows local cities and counties to adopt local park dedication requirements or fees to offset the proportional increase in demand for new parks. The dedication or fee is typically included as a condition of approval for a tentative subdivision map for new residential developments. The current park ordinance – adopted from the county – is unclear in instances where property developed is not formally subdivided. Residential projects, such as apartment and single lot condominium projects increase residential population, are not specifically addressed by the existing park dedication requirements.
The dedication and collection of park fees is also an integral part of the California Environmental Quality Act review process. One of the critical impacts analyzed as part of an environmental review is the impact of a project on city services. Dedications and fees are one of the primary ways that a residential developer can mitigate the impacts of their project on city services. Without mitigation, the creation of additional residential units may have a significant impact on local park service levels and open up challenges from neighboring jurisdictions whose park service levels may be negatively impacted by increased population associated with new development. It is the intent of the proposed revision to require all new residential development pay their fair share for the cost of parks and recreation amenities in proportion to the new demand created by the project.
The City’s Planning Advisory Committee (PAC) reviewed and discussed the proposed revisions and voted unanimously to recommend approval of the ordinance by City Council.
Staff answered questions from Council. City Attorney Biggs advised the ordinance wording needs to include wording after …amending sections 7-9-523, 7-9-527 and 7-9-540 and repealing 7-9-343 of the Laguna Woods…
The Public Hearing was opened.
Larry Dersch, United Director, questioned whether this ordinance would allow the City to open the Leisure World gates to the public. City Manager Keane advised the City has no power to open the gates of the community. Councilmembers also stated the City could not open the gates of Leisure World to the public.
Marty Rhodes, GRF Director, questioned if housing is replaced in the future, would the ordinance provisions apply. City Manager Keane advised it would apply only for additional units, not rehabilitation or redevelopment.
The Public Hearing was closed.
City Clerk Condon advised that the City Manager had received e-mails from United Board Director Dersch. City Manager Keane advised the e-mail comments were similar to his public hearing comments.
Moved by Councilmember Hack, seconded by Councilmember Robbins to approve the introduction and first reading of an Ordinance, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS AMENDING SECTIONS 7-9-523, 7-9-527 AND 7-9-540 AND REPEALING 7-9-343 OF THE LAGUNA WOODS MUNICIPAL CODE PERTAINING TO THE DEDICATION OF PARK LAND AND THE ESTABLISHMENT OF FEES IN LIEU OF PARK DEDICATIONS FOR NEW RESIDENTIAL DEVELOPMENT PROJECTS ON BOTH SUBDIVIDED AND UNSUBDIVIDED LAND.
9.1 Councilmember Committee Appointments
City Manager Keane provided a list of interagency committees and boards which identified current appointees and those seeking appointment. She advised an alternate is needed for the Orange County Fire Authority. Councilmember Ring indicated he would be willing to be an alternate on the OCFA.
Moved by Councilmember Ring, seconded by Councilmember Robbins and unanimously carried to approve the appointment of Councilmembers to various interagency committees and boards as listed on the attachment provided by the City Manager, with the inclusion of Councilmember Ring as alternate to the Orange County Fire Authority.
9.2 Anaheim Angels (Agendized by Councilman Ring)
Councilmember Ring provided a brief background on the proposed resolution. Moved by Councilmember Ring, seconded by Councilmember Robbins and unanimously carried to approve Resolution No. 04-24, entitled:.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, SUPPORTING THE CITY OF ANAHEIM’S EFFORTS TO KEEP THE NAME “ANAHEIM ANGELS” AS THE NAME OF THE ANAHEIM ANGELS
10.1 Leisure World Cable Television Franchise
As directed by Council, City Manager Keane drafted a memorandum of understanding with the Golden Rain Foundation (GRF) that would temporarily shift governmental programming on the Leisure World cable television system from Channel 31 to Channel 6. GRF objected to the words temporary and the reference to the City’s future right to a separate governmental channel. A revised MOU was discussed at the December 1, 2004 Council meeting and action was continued to the December 22, 2004 meeting. GRF has since forwarded a letter to the City clarifying its intentions with respect to the revised MOU.
The revised agreement deletes the words temporary, but includes language limiting the life of the agreement to four single-year terms. Language is included that references state and federal law and the franchise and the fact that neither the City nor GRF give up any rights or obligations. The City attorney has reviewed the draft and concluded that it complies with applicable law regarding cable franchises and it does not diminish, alter or affect the City’s future right to a PEG channel.
Councilmember Hack advised that he did not have a problem with the MOU, but with the issue of GRF not agreeing the city had a right to a PEG channel. He expressed concern that individual councilmembers had met with GRF representatives and this might constitute a serial meeting.
City Attorney Biggs provided an explanation of a serial meeting and provided examples. She advised that she did not feel councilmembers had been involved in serial meetings on this matter.
Moved by Councilmember Ring, seconded by Councilmember Hack and carried 4 to 1 to authorize the City Manager to execute a revised memorandum of understanding with the Golden Rain Foundation regarding City cable television programming.
AYES: COUNCILMEMBERS: Ring, Robbins, Bouer, Ross
NOES: COUNCILMEMBERS: Hack
ABSENT: COUNCILMEMBERS None
10.2 Mid-Year Budget Review
City Manager Keane reported that General Fund revenues appear to be slightly higher than projected; however, the actual distribution of vehicle license fee, sales tax and property tax is different than initially anticipated. Staff recommended adjustments to the General Fund Revenue Projections: decrease Property Tax, increase VLF, increase sales and decrease Community Services bus trip program revenues
There are several projects budgeted in a prior year that have not been completed at the close of the fiscal year. They were not re-budgeted and Council is asked to carry funding allocations forward: balance of the prior year’s allocation of city ordinance codification project; Community Service organization grants; and City Information Guide.
Based on Council discussions during the first half of the year and unanticipated increases or decreases on program requirements, expenditure adjustments recommended: increase city attorneys budget (cable television); decrease Community Services bus trip program; increase transfer to Self Insurance Fund.
Fuel tax and Measure M funding receipts appear consistent with initial projections and no revenue adjustments are proposed. Expenditure adjustments recommended: eliminate planned landscape improvements on Moulton Parkway and increase El Toro Road Pedestrian Improvement Project
The expenditure of money in the Grant Fund is restricted to the purposes associated with each grant. Revenue adjustments recommended: increase Tobacco Settlement revenue and increase in CDBG grant. Expenditure adjustments: carry forward balance of Fiscal year 2003-04 non-emergency medical transportation program expenditure budget; increase non-emergency medical transportation program expenditure budget for 2 month program extension; allocate funding for 2 traffic speed laser guns (CLEEP); allocate funding for traffic signal preemption equipment for emergency vehicles (SLEF and CLEEP); expand energy retrofit program (CDBG).
The General Fund budget includes an economic uncertainties reserve of $377,349 and a City Hall acquisition reserve of $3,000,000.
Mayor Pro Tem Bouer questioned whether the specific taxi designation vouchers (example: John Wayne airport; Irvine Transportation Center) will continue after January 31. City Manager Keane advised this would be on the January agenda.
Councilmember Ring recommended budgeting $4,000 for lighting the City Hall signage at the top of the building, $2,500 for purchasing pictures for the Council Chambers once the Laguna Canyon Foundation removes the paintings currently in the chamber, and extending the specific destination voucher program.
Council consensus was in favor of staff recommendations with the inclusion of the two projects requested by Councilmember Ring.
City Manager Keane advised that staff would prepare the necessary actions, consistent with Council direction, for formal approval on the January consent calendar.
City Attorney Biggs reported everything is fine.
XII. COMMITTEE REPORTS
12.1 El Toro Reuse Planning Authority (Councilmember Hack)
Councilmember Hack provided an update on continued attempts top convert El Toro to a commercial airport.
12.2 Orange County Corridor Authorities (Councilmember Hack)
Councilmember Hack provided an update. Bill Woollet has been appointed as Interim CEO.
12.3 Vector Control District (Mayor Pro Tem Bouer)
Councilmember Bouer reported that with the cooler weather, there have been fewer mosquitos.
12.4 Library Board (Mayor Ross)
Mayor Ross reported there was no meeting.
12.5 Orange County Fire Authority (Mayor Ross)
Mayor Ross reported the Orange County Leadership Symposium would be January 14-16.
12.6 Laguna Canyon Foundation (Mayor Ring)
Mayor Ring provided a brief update on current projects.
12.7 Coastal Greenbelt Authority (Mayor Ring)
Mayor Ring reported that he was unable to attend the last Coastal Greenbelt Authority meeting since it was held on the same day as the Council meeting.
XII. PUBLIC COMMENTS
Pat Nelson, invited everyone to the Grand Opening of an H&R Block office on January 22 from 10 am to 5 pm in the Valencia Center.
Larry Dersch questioned history on zoning within the city and had questions regarding meetings.
XIII. CITY COUNCIL COMMENTS AND ANNOUNCEMENTS
Councilmembers wished everyone a happy and healthy New Year.
City Hall will be closed from Friday, December 24, 2004 and reopen on Monday January 3, 2005.
City Attorney Biggs requested adding an item to the agenda arising after the posting of the agenda relating to the Sandpiper case in Goleta in which Laguna Woods filed an amicus brief. Moved by Councilmember Ring, seconded by Mayor Pro Tem Bouer and carried unanimously to add an item to the agenda.
City Attorney Biggs provided background information on the Sandpiper case and advised the California Supreme Court granted a hearing to that case and requested direction to file another amicus brief at the Supreme Court. Moved by Councilmember Hack, seconded by Councilmember Robbins and carried unanimously to approve filing an amicus brief on behalf of the City of Goleta.
XIV. CLOSED SESSION
The meeting was adjourned at 3:37 p.m. A workshop meeting will be held at 3:00 p.m.January 14, 2005 at UCLAConferenceCenter, 850 Willow Creed Road, Lake Arrowhead, CA92353; where councilmembers will be attending the Orange County Leadership Symposium. The next Regular Meeting of the City Council will be held at 2:00 p.m. on January 19, 2005 at LagunaWoodsCity Hall, 24264 El Toro Road, Laguna Woods, CA
SUSAN M. CONDON, City Clerk
Adopted: January 19, 2005
BRENDA B. ROSS, Mayor