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Minutes November 20, 2002

Minutes November 20, 2002

 

CITY OF LAGUNA WOODS CALIFORNIA

CITY COUNCIL MINUTES

REGULAR MEETING

November 20, 2002

2:00 P.M.

 

  1. CALL TO ORDER

 

Mayor McLaughlin 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 Bouer led the Flag salute.

 

III.       ROLL CALL

 

COUNCILMEMBERS            PRESENT:       Bouer, Ring, Ross, Hack, McLaughlin

ABSENT:        None

 

STAFF PRESENT:                  City Manager Keane; Assistant City Attorney Morgan; City Clerk Condon; Assistant City Manager Reilly; Community Director Barr

 

  1. PRESENTATIONS

 

None

 

  1. CITY PROCLAMATIONS

 

City Manager Keane requested item 5.2 be removed from the calendar and carried over to the December meeting. Council concurred.

 

Moved by Councilmember Ring, seconded by Councilmember Bouer and carried unanimously to adopt Proclamations 5.1 and 5.3.

 

5.1       Certificate of Commendation – Sol Neben – 100th Birthday

 

5.3       Certificate of Commendation – Captain Wayne Powell

  1. CONSENT CALENDAR

 

Moved by Councilmember Bouer, seconded by Councilmember Ring, and carried unanimously to approve Consent Calendar items 6.1 through 6.7.

 

6.1       Approved City Council Minutes from the regular meeting of October 16, 2002.

 

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 filed October 2002 monthly Treasurer’s Report and the First Quarter Fiscal Year 2002 Treasurer’s Report.

 

6.4       Approved the November 20, 2002 Warrant Register in the amount of $735,585.54.

 

6.5       Disadvantaged Business Enterprise (DBE) Program

 

Resolution No. 02-39 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, APPROVING THE FINAL DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM AND ESTABLISHED ANNUAL GOAL OF 10% FOR FEDERAL FISCAL YEAR 2002/2003, FOR ADOPTION AND SUBMISSION TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS)

 

6.6       El Toro Road Resurfacing Project

 

  1. Accepted project completion of contract by All American Asphalt for resurfacing of El Toro Road from Moulton Parkway to Avenida Sevilla.

 

  1. Released contract retention in the amount of $24,346.92 (10) withheld per government code within 35 days following recordation of Notice of Completion with the County of Orange.

 

  1. Exonerated project posted bonds within 35 days following recordation of Notice of Completion with the County of Orange.

 

6.7       City Council Reorganization Meeting

 

Scheduled an Adjourned Regular Council meeting for 2:00 p.m. December 3, 2002 to install new Councilmembers and reorganize.

 

VII.     PUBLIC HEARINGS

 

7.1       Appeal: Sign Program Revisions for the Ayres Hotel (CP-21)

 

Community Development Director Barr discussed the Town Centre Development sign program. The intent of the approved Town Centre sign program was to allow variety and color choices for the retail portions of the center, while keeping the signage choices for the larger stand-alone buildings to black letters (backlit white) and red. However, in July 2002, it was observed that the Ayres Hotel sign had been refaced from red to white. Staff tried to resolve the inconsistency by promoting a compromise to allow the hotel to maintain their white sign. Staff proposed substituting white for black, thereby making red and white the options for stand-alone buildings. The Planning Advisory Committee supported staff’s proposal, but required the Town Centre Tenant Association support of the proposal. The Tenant Association felt they could not support the substitution because of pending sign plans. The Tenant Association further indicated they would support the addition of white as a third approved color. The Ayres Hotel applied to modify the sign program to add white as a third color and the Tenant Association submitted a letter agreeing to the addition of the third color. Staff reviewed the proposed application and denied the proposal based on the Planning Advisory Committee input and a finding that the addition of a third sign color would be inconsistent with the intent of the original Town Centre sign program.

 

Mayor McLaughlin opened the Public Hearing.

 

Applicant, Bruce Ayres, representing Ayres Hotel, reported they changed the corporation logo to white and signs were changed at all their hotels. He admitted that a permit was not obtained for the change. He advised that due to vacations on the Board of Directors of the Tenant Association they had been unable to obtain the Tenant Board approval to change the color until the fall. He reported they did have the full support of the Town Centre Association for the color change.

 

The Public Hearing was closed.

 

City Manager Keane advised there were no written comments other than the letter from Town Centre Tenant Association.

 

Moved by Councilmember Ring seconded by Mayor Pro Tem Hack and unanimously carried to continue a decision on this matter to December 18.   Staff was instructed to advise the Town Center Association to select two colors. If a decision is not reached, Council will deal with the appeal.

 

VIII.    COUNCIL BUSINESS

 

8.1       Advisory Committee Appointments

 

City Manager Keane reported Council had been provided with a revised list and read the names of all nominees (list attached).

 

Moved by Councilmember Ring, seconded by Councilmember Bouer and unanimously carried to approve the proposed committee nominations.

 

8.2       Coastal Greenbelt Authority

Moved by Councilmember Bouer, seconded by Mayor Pro Tem Hack and unanimously carried to appoint Councilwoman Ring as a member, and City Manager Leslie Keane as an alternate to serve as the City’s representatives to the Coastal Greenbelt Authority.

 

  1. CITY MANAGER’S REPORT

 

 

City Clerk Condon presented the staff report advising the State of California Governor’s Office of Emergency Services requires specific documentation, in addition to the City’s Disaster Plan, for the City to have an accredited Disaster Council. The Governor’s Office has requested the City complete a Master Mutual Aid Resolution, a Worker’s Compensation Resolution and an Emergency Ordinance. These documents are essential to provide the City emergency powers, resources and protection during times of disaster.

 

City Manager Keane advised that Leisure World had previously allowed the use of the Leisure World Administration Building as the City’s Incident Command Center. However, as the City is now residing in the new City Hall, this will become the City’s Incident Command Center. This will allow police and fire personnel immediate use of a public facility. The Leisure World community is expected to remain as a hub, along with the Rossmoor Regency.

 

Linda Wilson, representing the Leisure World Disaster and Earthquake Task Force spoke on their behalf.

 

Joe Samet, from the Leisure World Disaster Preparedness group, expressed concern regarding an Incident Command Center being set up at City Hall. City Manager Keane explained that the City will have the Incident Command Center at City Hall, which will involve police and fire personnel, and Leisure World could still remain as a hub.

 

Bill Sonka, PCM Security Director, discussed the new public frequency the City was obtaining for Leisure World’s use during a disaster.

 

Moved by Mayor Pro Tem Hack, seconded by Councilmember Ross and carried unanimously to approve the following two resolutions and introduction and first reading of an ordinance entitled:

 

Resolution No. 02-40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, RELATIVE TO WORKER’S COMPENSATION BENEFITS FOR REGISTERED VOLUNTEER “DISASTER SERVICE WORKERS”

 

and

 

Resolution No. 02-41: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, REGARDING APPROVAL OF THE CALIFORNIA DISASTER AND CIVIL DEFENSE MASTER MUTUAL AID AGREEMENT

 

and

 

AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ADDING CHAPTER 2.20 TO TITLE 2 OF THE LAGUNA WOODS MUNICIPAL CODE.

 

 

City Manager Keane requested the Council consider the inclusion of City of Laguna Woods’ information in the County Sheriff’s sex offender internet map. She reported several cities (Santa Ana and Orange) have declined to participate in the County program, citing liability concerns associated with unrestricted access to confidential records and potential data input errors. This month, the United States Supreme Court heard arguments about two cases, which deal with sex offender registries, but no decision has been reached.   City Manager Keane reported the Sheriff’s department has verbally indicated they will assume all liability.

 

Moved by Mayor Pro Tem Hack, seconded by Councilmember Ring and carried 4 to 1 to not include the City of Laguna Woods information in the County Sheriff’s Sex Offender Internet Map at this time. Staff was instructed to return the item to Council once the Supreme Court reaches a decision and the Sheriff’s Department provides a written statement accepting liability responsibility.

 

ROLL CALL

 

AYES:             Ring, Ross, Bouer, and Hack

NOES:             McLaughlin

ABSENT:        None

 

9.3       Discharge of Firearms within the City of Laguna Woods

 

City Manager Keane reported that at the September 4, 2002 meeting City Council discussed the need for an ordinance that would prevent the discharge of firearms within city limits. Council directed Staff to prepare such an ordinance that would:

 

Moved by Mayor Pro Tem Hack, seconded by Councilmember Ross and carried unanimously to approve the introduction and first reading of an ordinance entitled

 

AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, REGARDING THE DISCHARGE OF FIREARMS WITHIN CITY LIMITS

 

9.4       Citywide Speed Limits

 

Assistant City Manager Reilly advised that when the City incorporated in March 1999, the City Council adopted the existing County of Orange speed limit ordinance. Since that time, speed limits have remained unchanged within the City. Section 40802(b) of the California Vehicle Code (CVC) requires an Engineering and Traffic Survey to be performed at least every five years if radar equipment (or other electronic means, such as lasers) is used to enforce posted speed limits.

 

Staff is recommending that all speed limits remain as currently posted, with one exception: El Toro Road between Calle Sonora and Moulton Parkway. Currently this segment of El Toro Road is posted 40 mph for westbound traffic and 50 mph for eastbound traffic. Staff, in consultation with the Orange County Sheriff’s Department, is recommending that this segment of El Toro Road be posted 45 mph for both eastbound and westbound traffic

 

Moved by Mayor Pro Tem Hack, seconded by Councilmember Bouer and carried unanimously to approve the introduction and first reading of the an ordinance entitled:

 

AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ADOPTING AND ESTABLISHING SPEED LIMITS ON CITY STREET

 

  1. CITY ATTORNEY’S REPORT

 

Deputy City Attorney Morgan reported several items would be discussed in closed session.

XI.       COMMITTEE REPORTS

11.1     Laguna Canyon Foundation (Councilmember Ring)

 

Councilmember Ring reported the Laguna Canyon Foundation is in negotiations with the County of Orange to build two buildings. The Irvine Company is currently restoring natural habitat on the Laguna Laurel parcel.

 

11.2     El Toro Reuse Planning Authority (ETRPA) (Mayor Pro Tem Hack)

 

Mayor Pro Tem Hack reported the City received a decision in their favor in its lawsuit with the County. He also provided an update on various lawsuits involving ETRPA.

 

11.3     San Joaquin Hills Transportation Corridor Authority (SJHTCA) (Mayor Pro Tem Hack)

 

Mayor Pro Tem Hack reported further regarding the possible merger of the San Joaquin Hills Transportation Corridor and Foothill Eastern.

 

11.4     Vector Control District (Councilmember Bouer)

 

Mayor Bouer reported that the treatment of mosquitoes with chemicals in the water has been challenged by the water board, the west Nile virus is not yet in Orange County and Vector Control would be meeting tomorrow.

 

11.5     Orange County Library Board (Councilmember Ross)

 

Councilmember Ross advised the Board met last week and reported there was a projected 36% cut from the original estimate for each city.

 

11.6     Orange County Fire Authority (OCFA)(Councilmember Ross)

 

Councilmember Ross advised the next meeting would be November 21, 2002.

 

XII.     PUBLIC COMMENTS

 

Libby Marks thanked the City for the grant to Leisure World Social Services for the Friendly Visitor program.

 

XIII.    CITY COUNCIL COMMENTS AND ANNOUNCEMENTS

 

Councilmember Ring thanked those who elected him to the Council.

 

Councilmember Ross reported over 800 people attended the Senior Summit last week.

 

Mayor Pro Tem Hack thanked those who reelected him to the Council and stated he would do his best on behalf of the community.

 

It was reported that Home Town Buffet would be opening tomorrow.

 

City Manager Keane read the items scheduled for closed session

 

XIV.    CLOSED SESSION

 

The Council met in closed session. City Manager Keane returned to the Council Chambers and reported the Council voted unanimously to accept the ETRPA recommendation to settle the El Toro Reuse Planning Authority, Et Al. v. County of Orange, Et Al. (Nos. DO 37802, GIC 785764, and GIC 776645.

 

  1. ADJOURNMENT

 

The meeting was adjourned at 3:22 p.m. An Adjourned Regular Meeting of the City Council will be held at 2:00 p.m., Tuesday, December 3, 20022 at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, California

 

 

____________________________________________

SUSAN M. CONDON, City Clerk

 

Adopted: December 18, 2002

 

 

_______________________________________________

BERT HACK, Mayor