CITY OF LAGUNA WOODS CALIFORNIA
CITY COUNCIL MINUTES
REGULAR MEETING
September 17, 2003
2:00 P.M.
Mayor Hack called the Regular Meeting of the City Council of the City of Laguna Woods to order at 2:00 p.m.
Councilmember Ross led the Flag salute.
III. ROLL CALL
COUNCILMEMBERS PRESENT: Bouer, Ross, McLaughlin, Ring, Hack
ABSENT: None
STAFF PRESENT: City Manager Keane; City Attorney Biggs; City Clerk Condon; Community Development Director Barr, Assistant City Manager Reilly
None
Moved by Mayor Pro Tem Ring, seconded by Councilmember Ross and carried unanimously to adopt Proclamations 5.1 through 5.9.
5.1 Certificate of Commendation – Janice Lavoos – 100th Birthday
5.2 Certificate of Commendation – Florence Cohen – 104th Birthday
5.3 Certificate of Commendation – Deputy Fire Marshall Laura Blaul
5.4 Certificate of Commendation – Captain Bill Lockhart
5.5 Proclamation – Fire Prevention Week
5.6 Proclamation – Inner-Coastal Cleanup
5.7 Proclamation – Race Equality Week
5.8 Certificate of Commendation – James Pursell – 103rd Birthday (Ratify)
5.9 Proclamation – September 11, 2003 (Ratify)
Moved by Councilmember Ross, seconded by Mayor Pro Tem Ring, and carried unanimously to approve Consent Calendar items 6.1 through 6.10.
6.1 Approved City Council Minutes from the regular meeting of July 16, 2003 and the adjourned regular meeting of July 30, 2003.
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 August 2003 monthly Treasurer’s Report and the fourth Quarter Fiscal Year 2002/2003 Treasurer’s Report.
6.4 Approved the September 17, 2003 Warrant Register in the amount of $821,651.56.
6.5 Approved and authorized the Mayor to execute Amendment No. 4 to Agreement No. C-0-0936, between the Orange County Transportation Authority and City of Laguna Woods.
6.6 Denied the claim by the El Toro Water District against the City of Laguna Woods.
6.7 Approved an agreement with the County of Orange for Total Maximum Daily Load Studies in the Newport Bay watershed and authorized the Mayor to execute the agreement subject to approval as to form by the City Attorney.
6.8 Storm Drain Filtration Project Notice of Completion
6.9 Safe Neighborhood Parks, Clean Water, and Coastal Protection Bond Act of 2000 – Applications for Per Capita Grant Program and Roberti-Z’Berg-Harris Urban Open Space and Recreation Grant Program
City Council approved the following two resolutions authorizing the City to apply for per capita Park Bond grant funding, entitled:
Resolution No. 03-23: A RESOLUTION OF THE CITY COUNCIL OF LAGUNA WOODS, CALIFORNIA APPROVING AN APPLACATION FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000
and
Resolution No. 03-24 A RESOLUTION OF THE CITY OF LAGUNA WOODS, CALIFORNIA, APPROVING AN APPLICATION FOR GRANT FUNDS FOR THE ROBERTI-Z’BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000
6.10 Approved resolution authorizing an additional ninety (90) day temporary extension of the existing cable franchise with Cox Communication entitled:
Resolution No. 03-25: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, AUTHORIZING AN ADDITIONAL NINETY (90) DAY TEMPORARY EXTENSION TO THE CABLE FRANCHISE HELD BY COX COMMUNICATIONS, INC.
VII. PUBLIC HEARINGS
7.1 Fence Standards – Lauren Barr, Community Development Director, advised that since the adoption of the zoning Code in April, staff has identified several areas of concern that were not addressed as part of that initial process. Proposed amendments to the Code address concerns relating to fence standards along the major arterials within the City; the absence of temporary signage standards for churches and other non-profit organizations; the use of balloons when associated with Special Event Permits; and the addition of a parking standard for private golf courses that have golf course access from the residential areas.
Community Development Director Barr stated that Council had expressed concerns about the aesthetic impacts associated with the use of chain-link fencing along major arterials. Staff was directed to research the issue and to propose amendments to development standards to address the concerns.
Staff’s proposed revision prohibits permanent installation of chain-link fencing along major arterials, unless set back and totally screened from the public right of way. There are provisions for temporary fences, including chain-link, which may be approved with a Temporary Use Permit provided that the fencing is necessary to protect public health, safety and welfare. A definition of temporary fencing has been added to the Code that limits the installation to a maximum of two (2) years with a Temporary Use Permit. A property owner may seek a permanent or long-term chain-link fence installation only through the Conditional Use Permit process.
Additionally, a provision to prohibit barbed wire, razor wire and other similar security treatments has been added to the Code. All existing fences equipped with barbed wire or similar treatments, therefore, would be permitted to remain and be maintained subject to the legal non-conforming provisions of the Code. Once a barbed wire installation is removed, the installation loses its legal non-conforming status.
After discussion, Council concurred with the recommended changes for Section 18.30.252 Screening and 18.10.358 Definition of Temporary Fencing.
Sign Standards – Community Development Director Barr stated that currently the Sign Code does not address churches and other similar uses in determining standards for temporary banners. Staff proposed an addition to the Code to establish an annual permit and fee for religious institutions and other qualified non-profit organizations. In addition to the submittal requirements, this Code revision allows for construction of a freestanding structure to accommodate banners. The intent is to provide a location for the banners that is visible to the public and does not present a risk to public safety. Religious institutions and other qualified nonprofit organizations that are located within existing shopping centers are subject to the rules and restrictions set forth by the center’s management and would be treated as commercial properties for the purpose of issuing temporary banners. Adoption of these proposed amendments should help to resolve current inconsistencies between the use of banners by religious institutions and temporary commercial banner standards.
Mayor Pro Tem Ring recommended waiving the fee for all religious institutions and other qualified non-profit organizations, Councilmember Bouer concurred.
City Attorney Biggs advised the state does not tax qualified non-profits and churches and the City could waive fees for qualified non-profits and churches as a policy issue.
Discussion was held on requiring an initial permit and fee and then only an annual permit and no annual fee, requiring an annual permit and charging an annual fee and bring a request to waive fee to Council or requiring no annual permit or fee.
After discussion, the proposed sign regulations were removed from the proposed ordinance. Staff will bring this matter back at a subsequent meeting.
Off-Street Parking Standards – Community Development Director advised the current parking standards for golf courses within the City requires eight (8) parking spaces for each golf hole on the course. In consideration of the conditions that exist on the Leisure World golf course, staff believes this standard is excessive. Based on information received and the analysis conducted, staff is proposing a requirement of four (4) parking spaces per hole. This standard is appropriate as long as the golf course is accessible by golf cart from inside the community.
After discussion, Council concurred with the recommended changes for Section 18.30.550 Off-Street parking requirements.
Balloons for Special Events – Community Development Director advised the Sign Code prohibits the use of balloons for advertising. Staff believes the limited use of balloons or balloon bouquets may be appropriate as part of a special event. A provision has been added to the Code that would permit balloons subject to certain restrictions to protect health and safety with an approved special event permit.
After discussion, Council concurred with the recommended changes for Section 18.60.170 Temporary Uses and Special Events.
The Public Hearing was opened.
There were no requests to speak.
The Public Hearing was closed.
City Clerk Condon advised there were no written comments.
Moved by Mayor Pro Tem Ring, seconded by Councilmember McLaughlin to approve the first reading of the ordinance, as amended:
AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, AMENDING THE LAND USE AND DEVELOPMENT CODE (ZONING CODE) BY ADOPTING ADDITIONAL STANDARDS FOR FENCING, BALLOONS FOR SPECIAL EVENTS AND PRIVATE GOLF COURSE PARKING.
VIII. COUNCIL BUSINESS
8.1 Advisory Committee Appointments
City Clerk Condon advised there were two nominees for the Water Quality Advisory Committee. She also advised there was still one opening on the Water Quality Advisory Committee (Bouer) and one opening on the Human Relations Committee (McLaughlin).
Moved by Councilmember Bouer, seconded by Mayor Pro Tem Ring, and carried unanimously to appoint Rosa Lee Horning (Ross) and Fanny Labin (Hack) to the Water Quality Advisory Committee.
8.2 Ad Hoc Employee Compensation Committee
City Manager Keane recommended establishing an Ad Hoc Councilmember Employee Compensation Committee for the purpose of negotiating employee compensation. She advised that once negotiations were done, recommendations would be brought to Council. She recommended that the ad hoc committee consist of Mayor Pro Tem Ring and Councilmember McLaughlin.
Moved by Councilmember Bouer, seconded by Councilmember Ross and unanimously carried to appoint Mayor Pro Tem Ring and councilmember McLaughlin to the Ad Hoc Employee Compensation Committee.
8.3 Modification to Administrative Policy 1.1
City Manager Keane discussed the informal procedure that allows Council members to appeal certain staff decisions. The intent of this procedure is to allow Council to appeal on behalf of residents they represent. The informal policy mirrors formal procedures with the exception that two councilmembers must sign the appeal request and all fees are waived.
Moved by Councilmember Bouer, seconded by Councilmember Ross, and carried unanimously to approve amendments to Administrative Policy 1.1 which will formalize past practice and permit Councilmembers to appeal ministerial staff decisions on behalf of the public at large.
City Attorney Biggs reminded councilmembers that when they appeal and are acting on behalf of the city, there is no fee; however, if a councilmember appeals as a private citizen, there would be a fee.
9.1 Amendment to Contract with California Public Employees Retirement System (CalPERS)
The City Council has approved a number of actions over the past several years to implements the City’s participation in the California Public Employees’ Retirement System (CalPERS). CalPERS has requested approval of an amendment to the City?CalPERS contract to reflect the City’s participation in both the CalPERS retirement system and the Social Security (Supplemental formula). Both an ordinance and a resolution expressing the City’s intention to amend the contract are required.
Moved by Councilmember McLaughlin, seconded by Councilmember Ross and carried unanimously to approve a resolution that expresses the intent to amend the City’s contract with CalPERS to allow employees to continue participation in the social Security System, entitled Resolution 03-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, PROVIDING NOTICE OF ITS INTENTION TO AMEND THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM
and
Introduced and approved the first reading of an ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM.
9.2 Trauma Support Services
Assistant City Manager Reilly advised that in addition to police, fire and emergency medical services, the City participates in a program that offers emotional first-aid assistance, comfort and support services to victims of tragic events. Several nonprofit volunteer organizations provide trauma support services to victims until the persons involved in the crisis are able to depend on family, friends, neighbors and others.
In May 1999 the City Council approved the City’s participation in the trauma support program provided by Crisis Assistance Program, (CAP) Inc. The City has worked with CAP for just over four years. OCFA has expressed concern that when it calls CAP, there is not a timely response.
Trauma Intervention Program (TIP) is a national organization with chapters throughout the country. The Orange County TIP chapter provides services to the Orange County Fire Authority (OCFA), Orange County Sheriff’s Department (OCSD), and cities throughout Orange County.
At its August 2003 meeting the Community Services Committee voted unanimously to recommend that the City Council approve a contract with TIP, because members felt that TIP is the more experienced and professional organization.
Moved by Councilmember Bouer, seconded by Councilmember Ross, and carried unanimously to
City Attorney Biggs had nothing to report.
11.1 Laguna Canyon Foundation (Mayor Pro Tem Ring)
Mayor Pro Tem Ring reported the Foundation met last week and work on the interpretative center is proceeding. The new brochure showing the Laguna Coast Wilderness Park, with all the parks in the system, is available at City Hall and the Leisure World Community Building.
11.2 Coastal Greenbelt Authority (Mayor Pro Tem Ring)
Mayor Pro Tem Ring reported they would be meeting Thursday.
11.3 El Toro Reuse Planning Authority (Mayor Hack)
Mayor Hack they did not meet last month but were continuing to work with the state and federal government regarding Los Angeles’ attempt to manage an airport at El Toro. The LAFCO approval of the transfer of El Toto from the County to the City of Irvine will probably occur in early November.
11.3 Orange County Corridor Authorities (Mayor Hack)
Mayor Hack discussed that the merger between the San Joaquin and Foothill Eastern toll roads which will call for refinancing and a single transportation authority.
11.4 Vector Control District (Councilmember Bouer)
Councilmember Bouer reported the West Nile Virus has reached Orange County; both in birds and animals, but not in humans. They will be meeting tomorrow.
11.5 Library Board (Councilmember McLaughlin)
Councilmember McLaughlin advised the next meeting would be October 9.
11.6 Orange County Fire Authority (Councilmember Ross)
Councilmember Ross reported on the recent walk Station 22 made from Foothill Ranch to the Irvine Spectrum and advised she has been asked to sit on the Leadership Council Board in January.
XII. PUBLIC COMMENTS
Mary Stone, resident, discussed the Driver Safety Fair on Thursday, September 25, 2003 at Clubhouse 5 starting at noon with speakers at 1:30. The Fair is for seniors to assess and improve driving skills.
Don Kornreich, discussed a SCAG presentation he would like to present to Council. Council requested he submit the presentation to staff.
Leslie Gibola, owner of Adapt2It in Valencia Shopping Center, discussed staff’s denial of her request for the placement of scooters outside the store. She presented Council with pictures and signatures from other tenants supporting her request. City Manager Keane advised that staff made a decision and she is speaking under public comments and no action may be taken. Two council members may agendize this matter for a future meeting.
Harriet Arnest, resident, supported the request of Adapt2It and discussed the parking problems at the Valencia Center.
Margo Bouer, resident, expressed support of Adapt2It.
XIII. CITY COUNCIL COMMENTS AND ANNOUNCEMENTS
Councilmember Bouer discussed the recent Leisure World Fraud Fest.
Councilmember McLaughlin welcomed Councilmember Ross back from her surgery. She commended Woodley Butler and Denise Welch for their work on the Fraud Fest.
City Manager Keane requested that Council meet in closed session to confer with legal counsel regarding one matter of potential litigation pursuant to Government Code Section 54956.9. Moved by Councilmember McLaughlin, seconded by Councilmember Bouer and unanimously carried to added this to the agenda and meet with legal counsel in closed session.
XIV. CLOSED SESSION
The Council met in closed session with its property negotiator Leslie A. Keane, in accordance with government code Section 54956.8 to discuss the acquisition of land in the vicinity of Moulton Parkway and El Toro Road to confer with legal counsel regarding one matter of potential litigation pursuant to Government Code Section 54956.9.
There was no reportable action on this matter.
Council met in closed session to confer with legal counsel regarding one matter of potential litigation pursuant to Government Code Section 54956.9.
There was no reportable action on this matter.
The meeting was adjourned at 3:30 p.m. A Regular Meeting of the City Council will be held at 2:00 p.m. October 15, 2003 at the Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92653.
____________________________________________
SUSAN M. CONDON, City Clerk
Adopted: October 15, 2003
______________________________________________
BERT HACK, Mayor
