CITY OF LAGUNA WOODS CALIFORNIA
CITY COUNCIL MINUTES
June 16, 2004
Mayor Ring called the Regular Meeting of the City Council of the City of Laguna Woods to order at 2:10 p.m.
Councilmember Bouer led the Flag salute.
III. ROLL CALL
COUNCILMEMBERS PRESENT: Bouer, Hack, McLaughlin, Ross, Ring
STAFF PRESENT: City Manager Keane; Deputy City Attorney Wohlenberg; Deputy City Clerk Fox; Assistant City Manager Riley; Community Development Director Barr
Mayor Ring requested Items 9.1 and 9.4 be continued until the June 28, 2004 meeting. Council approved 5-0.
Moved by Mayor Pro Tem Ross, seconded by Councilmember Hack, and carried unanimously to approve the City Proclamations 5.1.
5.1 Proclamation – Relay for Life
City Manager Keane advised there was a revision to Item 6.4 Warrant Register. The warrant register amount of $319,255.79 was not shown on the agenda.
Moved by Councilmember Hack, seconded by Councilmember Bouer, and carried unanimously to approve Consent Calendar items 6.1 through 6.8
6.1 Approved City Council Minutes from the regular meeting of June 16, 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 File May 2004 monthly Treasurer’s Report.
6.4 Approved the June 16, 2004 Warrant Register in the amount of $319,255.79.
6.5 Ambulance Regulations
Adopted Ordinance No. 04-05 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA ADOPTING CHAPTER 4.80 OF THE LAGUNA WOODS MUNICIPAL CODE AND ESTABLISHING GENERAL OPERATING PROCEDURES AND STANDARDS FOR AMBULANCE TRANSPORTATION SERVICES WITHIN THE CITY
6.6 Waste Disposal Agreement
Approved Amendment No. 1 to the City’s waste disposal agreement with the County of Orange, extending the current $22 contract rate though June 30, 2010 and authorized the City Manager to execute the amendment, subject to approval as to form by the City Attorney.
6.7 Business License Fees
Adopted Resolution No. 04-06 establishing business license fees for massage therapy and fortunetelling, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ESTABLISHING FEES FOR THE LICENSING AND REGULATION OF COMMERCIAL FORTUNETELLING AND MASSAGE BUSINESSES
6.8 Revenue Neutrality Payment to the County of Orange
Authorized the City Manager to make the FY 2003-04 revenue neutrality payment to the County of Orange.
VII. PUBLIC HEARINGS
VIII. CITY COUNCIL
8.1 Advisory Committee Appointments
Moved by Mayor Ring Ring, seconded by Councilmember Hack, and carried unanimously to appoint Charles Hellmann to the Planning Advisory Committee.
Mayor Ring advised there were three vacancies on the Human Relations Committee and one vacancy on the Water Quality Advisory Committee.
8.2 November 2004 Election
City Manager Keane advised the following resolutions will call the general municipal election in November 2004 and allow the County of Orange to conduct the election. She advised Council will review the Candidate Statement policy at the June 28, 2004 meeting.
Moved by Councilmember Bouer, seconded by Councilmember McLaughlin, and carried unanimously to adopt Resolution No. 04-07 calling for a general municipal election in November 2004, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2004 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISION OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES
Adopted Resolution No. 04-08 allowing the County of Orange to conduct a general municipal election on behalf of the City of Laguna Woods, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE
8.3 El Toro Road West Sidewalk (agendized by Councilmember Bouer)
Councilmember Bouer stated he requested this item be agendized as he felt the new sidewalk trees were an impediment to walkers and scooters on the El Toro Road West sidewalk. He proposed removing all the trees and filling in the open areas with concrete.
Councilmember Hack remarked he had noticed few walkers in the area and the parkway looked gorgeous with the new landscaping. Mayor Pro Tem Ross reported that several people had requested she look at the area and she also had not seen many walkers.
Discussion was held regarding other impediments along the sidewalk such as utility boxes and signs. City Manager Keane reported that several trees have been scheduled for trimming and a couple of signs may be moved since they currently are not able to be seen.
Moved Councilmember McLaughlin, seconded by Mayor Pro Tem Ross and carried unanimously to conduct a study of all the impediments, such as trees, utility boxes, lights, signs, etc., for safety along the sidewalk. City Manager Keane reported staff will come back at mid-year with a range of suggestions and costs.
Items 9.1 and 9.3 were continued to June 28, 2004
9.2 Cox Communications Cable Television Franchise Renewal
City Manager Keane reported that Council has discussed the franchise on several occasions and the current proposal is for approval of the 10 year franchise with Cox Communications. Councilmember discussed franchise conditions, including the capital grant for City equipment.
Moved by Councilmember McLaughlin, seconded by Councilmember Hack, and carried unanimously to adopt Resolution No. 04-08 authorizing a ten (10) year renewal of the Cox Communications cable franchise with the City of Laguna Woods, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, AUTHORIZING THE TEN (10) YEAR RENEWAL OF COX COMMUNICATIONS CABLE FRANCHISE WITH THE CITY OF LAGUNA WOODS
9.3 Senior Mobility Program
City Manager Keane discussed the Senior Mobility Program. The City operates two taxi voucher programs under a grant from the Orange County Transportation Authority. The first program allows residents to purchase books of generic vouchers that can be used anywhere in the County. The second program offers deeper discounts to specific locations. She reported the overall goal of the Orange County Transportation Authority (OCTA) is to meet transportation needs of a growing mobile population.
Discussion was held on termination date of the specific destination vouchers.
Moved by Councilmember Hack, seconded by Mayor Pro Tem Ross, and carried 4-1 (McLaughlin) to continue the specific destination program with an expiration date of January 31, 2005.
AYES: COUNCILMEMBERS: Bouer, Hack, Ross, Ring
NOES: COUNCILMEMBERS: McLaughlin
ABSENT: COUNCILMEMBERS: None
Moved by Councilmember Hack, seconded by Mayor Pro Tem Ross and carried unanimously to continue the Senior Mobility taxi voucher program as follows:
* The ten coupons for $35 will continue with no expiration date.
* The red taxi voucher to John Wayne Airport or South Coast Plaza or Orange County Performing Arts Center will increase to 50% of the city’s cost of $28 or $14 per ticket effective July 1, 2004
* The green taxi voucher to Laguna Beach or Shops at Mission Viejo and the blue taxi vouchers to the Irvine Spectrum or Irvine Transportation will remain the same price.
Resident Denise Welch spoke in favor of the program.
9.5 Gate 14 Secondary Access Report
Community Development Director Barr reported on the Working Group, which is comprised of members from the Orange County Fire Authority, PCM, City of Laguna Woods and City of Aliso Viejo Planning staff. Two potential access sites were identified. The potential access sites would not be for day-to-day use, but primarily for emergency equipment and would be a gated access and improved only for emergency access. One potential access was the golf course access location. However, the slopes and necessary distance for an access path make a secondary access at this location very expensive and would significantly impact the layout of the golf course. The second alternative would be an access point adjacent to the El Toro water tank. It would require some regrading of the slope and installing a culvert for a drainage channel. However, Leisure World has been unable to reach an agreement with the Laguna Audubon Homeowner’s Association to provide access across a section of association common area.
Community Development Director Barr reported the OCFA has completed a draft of a response plan for an emergency in the Gate 14 area relating to El Toro Water District water pipes and medical response. He reported the City along with law enforcement will be commenting on the draft. The draft will be available in the next few weeks.
Community Development Director Barr reported the slope shows minor movement on the sensors located on the out edge of the slippage. The City has received a set of plans and contracted with a geo tech firm to review the plans and provide comments on the City’s behalf. The initial set of comments on the plan submitted were returned to the applicant for revisions. Their revisions are expected back from the applicant in the next week or so. The majority of the corrections related to technical clarifications of the proposed design. Significant issues related to the ultimate repair and property rights issues related to the tiebacks into the slopes. To achieve the recommended margin of safety the proposed engineered structure needs to work with the ultimate solution for the lower portions of the slope. The proposed plans are adequate as an interim measure until the remainder of the slop can be repaired but would likely be a condition of any final approval of the plan. Leisure World would need to grant permission to install the tiebacks as there are property rights issues under Calle Sonora and the City understand they are in the process of a survey. The El Toro Water District, which holds an easement across the property, reviewed the plants and does not believe the proposed project as designed would negatively impact their water or sewer lines. They will continue to be involved in the review process. The City received comments on the plans from Leisure World’s geo tech firm and City staff recommended the information be shared with the Home Depot agents. The City has passed their comments on to the City plan checkers for consideration.
Brief discussion was held regarding the Grading Ordinance. Councilmember Hack expressed concern regarding public safety and health, relating to fire, sheriff and water issues. City Manager Keane reported discussion has been held with our City Attorney regarding an easement across the homeowner property in Aliso Viejo. Discussion was held regarding the stability of the property in an earthquake and city liability due to any inactivity on the part of the City. City Manager Keane reported the City Attorney will be providing information on the easement issue and the City has limits of what they may do and must be careful not to overstep those limits.
It was recommended that if the plans are not received back in 10 days a grading hearing board be called. City Manager Keane advised an update could be provided at the June 28th meeting. Councilmember Hack requested a legal analysis of safety condemnation and City Manager Keane reported she will discuss with the City Attorney.
Discussion was held regarding ownership of the property. Home Depot has indicated they would fix as the property management and liability and costs would be determined later.
Morry Kravitz reported he, along with PCM representatives, met with Laguna Audubon Homeowner’s Association members and they have indicated they are not interested in any emergency access across the common area.
XII. COMMITTEE REPORTS
12.1 El Toro Reuse Planning Authority (Councilmember Hack)
Councilmember Hack reported that last two lawsuits settled in ETRPA favor. The Navy has said the property will be sold.
12.2 Orange County Corridor Authorities (Councilmember Hack)
Councilmember Hack reported on the Foothill Eastern and San Joaquin tollroads.
12.3 Vector Control District (Councilmember Bouer)
Councilmember Bouer discussed the Benefit Assessment Tax and reported they would be meeting tomorrow.
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 there was a budget committee meeting and no conclusion was reached. The next meting will be on the June 24.
12.6 Laguna Canyon Foundation (Mayor Ring)
Mayor Ring reported they met last week at Irvine City Hall and the main discussion was on the Irvine Wildlife corridor. The corridor needs to be approved by many entities and Laguna Canyon Foundation approved the plan at the meeting
12.7 Coastal Greenbelt Authority (Mayor Ring)
Mayor Ring reported they have not met for many months.
XII. PUBLIC COMMENTS
John Dudley discussed the cost to buy and plant magnolia trees cost along El Toro West. Assistant City Manager Reilly advised it cost $368 for each of the 99 trees. He further discussed removal of some of Brazilian trees along the wall which will be removed by the county.
XIII. CITY COUNCIL COMMENTS AND ANNOUNCEMENTS
Councilmember Bouer reported the ACCESS committee members meet Friday between 10 and 12 at the Sylvester Center to help people complete documents to apply for ACCESS.
XIV. CLOSED SESSION
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.
Council reconvened and advised there was no reportable action.
The meeting was adjourned at 4:15 p.m. An Adjourned Regular Meeting of the City Council will be held at 2:00 p.m. June 28, 2004 at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA
ROZ FOX, Deputy City Clerk
Adopted: July 21, 2004
ROBERT B. RING, Mayor