CITY OF LAGUNA WOODS CALIFORNIA
CITY COUNCIL MINUTES
ADJOURNED REGULAR MEETING
June 28, 2004
Mayor Ring called the Adjourned Regular Meeting of the City Council of the City of Laguna Woods to order at 2:00 p.m.
Councilmember McLaughlin led the Flag salute.
III. ROLL CALL
COUNCILMEMBERS PRESENT: Bouer, Hack, McLaughlin, Ross, Ring
STAFF PRESENT: City Manager Keane; Deputy City Attorney Wohlenberg; City Clerk Condon; Assistant City Manager Reilly, City Engineer Nelson
Moved by Councilmember Hack, seconded by Councilmember Bouer, and carried unanimously to approve Consent Calendar items 4.1 and 4.2
4.1 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.
4.2 Fiscal Year 04/05 Law Enforcement Agreement
Approved an agreement with the Orange County Sheriff’s Office for Fiscal Year 2004/05 law enforcement services, and authorized the Mayor to execute the agreement subject to approval as to form by the City Attorney.
5.1 Candidate Statements
City Manager Keane discussed Resolution No. 01-02, which established a $100, plus translations costs for any language other than Spanish, as a maximum fee for City Council candidate statements. In the 2002 municipal election, the County translated ballots into Chinese, Korean, Spanish and Vietnamese. Laguna Woods’ candidates who wished to have a statement included in the sample ballot, deposited $100 with their nomination papers. State law establishes a 30-day timeframe in which candidates may be billed for any additional costs associated with translations or printing; however, the cost associated with translations of sample ballots was received too late for the City to collect any additional cost for translations and consequently this amount was paid by the City
The County of Orange estimates that it will charge Laguna Woods approximately $1,197 for each candidate statement placed in the November sample ballot. In accordance with Resolution No. 01-02, the City would need to collect a deposit of $770 ($100 for English and $670 for required translations) for each candidate statement. Resolution No. 01-02 was adopted by the City Council with the intent of encouraging residents to participate in the municipal election process in a fair and unbiased manner, regardless of an individual’s financial status. The proposed resolution recommended that candidates pay $100 regardless of the actual cost to the City for translating and publishing candidate statements. Councilmembers discussed their agreement on charging $100 for candidate statements and the City paying the remaining costs.
Moved by Councilmember McLaughlin, seconded by Councilmember Bouer, and carried unanimously to adopt Resolution No. 04-10 establishing a maximum $100 fee for City Council candidate statements, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES’ STATEMENTS SUBMITTED TO THE VOTERS AT GENERAL MUNICIPAL ELECTIONS
6.1 El Toro Road Sidewalk Widening and Landscape Improvements Project
Assistant City Manager Reilly City requested the two items be bifurcated and council concurred.
He reported that plans and specifications for this project were bid in a single bid package to combine all work under a general contractor. Staff believed that the project’s size would attract competitive bids from large, qualified contractors. The City advertised for bids from licensed contractors to perform the work and the lowest bid was $1,975,430. A review of references revealed that it was an experienced contractor with a history of satisfactory work performed in Orange County. However, the firm’s bid is substantially in excess of available project funds. Total construction costs for the Orion bid would be $2,172,973, including a 10% contingency, or almost $567,000 over budget.
The bid portion for asphalt and concrete work was very close to the engineer’s estimate. However, costs were two to three times higher for landscaping, irrigation, signal modification and interconnect work, compared to actual costs paid by the City for similar work. It appears that the general contractor received high cost estimates from subcontractors and added a percentage to cover its costs.
Staff is recommending that the bids received be rejected and the project rebid. Staff proposes to bid roadway, traffic signal, interconnect and landscaping work separately to obtain the lowest potential cost in each specialty area. A special City Council meeting will need to be scheduled in early August to award the first contracts for this work.
Moved by Councilmember Hack, seconded by Mayor Pro Tem Ross, and carried unanimously to reject all bids for the El Toro Road Sidewalk Widening and Landscape Improvement project and authorize staff to re-bid the project.
Assistant City Manager Reilly reported that during the development of plans for the project, staff discovered that the United Laguna Hills Mutual walls along El Toro Road meander along public right-of-way (ROW) boundaries on both sides of the roadway by an inch to several inches. Staff reviewed the ROW issue with Leisure World staff and prepared documents to clarify the responsibility of both the City and United for land adjacent to the walls, with the goal of adjusting ROW to the existing locations of the walls. A Grant of Right-of-Way agreement was approved by the United Board of Directors to dedicate to the City small pieces of land between the walls as ROW. Staff is seeking approval by the City Council of a Resolution of Summary Vacation to abandon small pieces of existing ROW under and behind the walls so that they revert to the “fee” owner.
Linda Wilson reported there was some disagreement on the United Board about the wording. City Manager Keane reported it was legally required wording.
Moved by Mayor Pro Tem Ring, seconded by Councilmember Bouer, and carried unanimously to adopt the following ordering the summary vacation of public right-of-way located under or behind the walls on El Toro Road owned by United Laguna Hills Mutual:
Resolution No. 04-11 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ORDERING THE SUMMARY VACATION OF PUBLIC RIGHT-OF-WAY LOCATED ALONG EL TORO ROAD FROM STATION NO. 48+07.98 TO STATION NO. 70+09.87
6.2 Senior Non-Emergency Medical Program Transportation Program
City Manager Keane advised that in December 2003, the City was awarded a grant by the County of Orange to provide a pilot non-emergency medical transportation program for Laguna Woods’ residents who are sixty years or older and do not qualify for the OCTA’s ACCESS program. The City proposed providing transportation to and from medical appointments, 24 hours a day, on a sliding fee schedule from $0 – 15.00 depending on distance and financial need. Return home trips from hospital emergency rooms were to be provided at no cost to participants.
The County Office on Aging developed the non-emergency medical transportation grant program to fund pilot programs. In South Orange County, pilot programs operated by the City of Laguna Woods and South County Senior Services (SCSS) were approved. The City’s program transportation is provided by California Yellow Cab. The initial program provided by SCSS used its own vans and drivers, with a $2 charge per ride anywhere within their service area.
City Manager Keane reported that on June 8, 2004, the County Board of Supervisors modified the SCSS grant to allow that organization to use California Yellow Cab to provide medical transportation between 7:00 a.m. and 6:00 p.m. The SCSS trip range is also expected to be adjusted to 15 miles from a participant’s home for the flat $2 fee.
The continuation of the Laguna Woods SNEMT program through the end of the contract (January 31, 2005) will allow the City to serve a current transportation need and to gather statistical information that will help define future transportation programs for Laguna Woods’ residents. As such, staff proposes the following modification to existing Laguna Woods’ participant fees to bring them into conformance with those that of SCSS:
Travel up to 15 miles from city limits $ 2 each way
Travel from 16 to 20 miles from city limits 5 each way
Travel from 21 – 25 miles 7 each way
Travel more than 25 miles 10 each way
In addition to fee modifications, staff has identified the need to provide medical transportation for those residents who qualify for the ACCESS program and are unable to use the SNEMT program. SNEMT allows a 30 day exception for residents who have not yet qualified for the ACCESS program and an on-going exception for those who need transportation to and from chemotherapy or dialysis. The OCTA Senior Mobility program does not have prohibition against ACCESS participants, and staff recommends that Laguna Woods use a portion of this grant to provide a companion program that would allow those qualified for the ACCESS program the same opportunities for medical transportation.
Moved by Councilmember Hack, seconded by Councilmember McLaughlin, and carried unanimously to approve :
VII. CLOSED SESSION
Mayor Ring reported there would not be a closed session.
City Manager Keane read the title for the five proposed budget resolutions and reported changes had been made as requested during the June 16, 2004 budget Workshop. Discussion was held regarding funding for acquisition of a city hall.
Marty Rhodes, resident, discussed being involved when Anaheim was building a city hall.
Moved by Councilmember McLaughlin, seconded by Councilmember Bouer, and carried unanimously to approve the following five resolutions related to the implementation of the Fiscal Year 2004-2005 budget:
Resolution No. 04-12 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ADOPTING THE BUDGET AND APPROVING APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING JULY 1, 2004 AND ENDING JUNE 30, 2005
Resolution No. 04-13 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2004-05
Resolution No. 04-14 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ESTABLISHING A GENERAL GOVERNMENTAL OVERHEAD RATE OF 48%
Resolution No. 04-15 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA CONCERNING THE STATUS OF THE CIRCULATION ELEMENT OF THE CITY OF LAGUNA WOODS
Resolution No. 04-16 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ADOPTING A SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM IN CONFORMANCE WITH MEASURE M REQUIREMENTS
VII. CITY ATTORNEY’S REPORT
VIII. PUBLIC COMMENTS
Councilmember Hack reported that all ETRPA lawsuits have been settled.
Mayor Pro Tem Ross reported a public service announcement video on drowning had been given to the local TV station.
The meeting was adjourned at 2:55 p.m. A Regular Meeting of the City Council will be held at 2:00 p.m. July 21, 2004 at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA
SUSAN M. CONDON, City Clerk
Adopted: July 21, 2004
ROBERT B. RING, Mayor