CITY OF LAGUNA WOODS CALIFORNIA
CITY COUNCIL MINUTES
ADJOURNED REGULAR MEETING
December 1, 2004
2:00 P.M.
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 Hack led the Flag salute.
III. ROLL CALL
COUNCILMEMBERS PRESENT: Bouer, Hack, Ross, Ring
ABSENT: McLaughlin
NEWLY ELECTED COUNCILMEMBER PRESENT: Robbins
STAFF PRESENT: City Manager Keane; City Attorney Biggs; City Clerk Condon; Assistant City Manager Reilly; Lt. Robert Hogbin
No changes to the agenda.
None
Moved by Mayor Pro Tem Ross, seconded by Councilmember Hack, and carried unanimously to approve the City Proclamation 6.1.
6.1 Commendation – Milo Tedstrom – 104th Birthday
VII. CITY COUNCIL
7.1 Certification of Election Results
City Clerk Condon provided an overview of the November 2, 2004 Election. Moved by Councilmember Hack, seconded by Mayor Pro Tem Ross and unanimously carried 4-0 to approve the following:
B Adopted Resolution No. 04-22 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 2004 DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW
ROLL CALL
AYES: COUNCILMEMBERS: Bouer, Hack, Ross, Ring
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: McLaughlin
7.2 City Council Oath
City Clerk Condon presented Certificates of Election and swore in Councilmembers Ross, Bouer and Robbins.
7.3 Office Space Lease: Request from Assemblyman Elect Devore
City Manager Keane advised Assemblyman Elect Chuck Devore has requested space on the second floor at city hall for a satellite office. The City would only provide desk space, a chair and utilities at no cost. Telephone, computer, fax and duplication services would be paid for by Assemblyman Elect Devore. Councilmembers Hack, Bouer and Mayor Pro Tem Ross expressed their concerns. Leisa Bruge, who is a community representative for Assemblyman Elect Devore, answered questions from Council. Several residents spoke in favor of the proposal.
Moved by Mayor Ring, seconded by Councilmember Robbins to make space available and authorized staff to execute a lease similar to the lease with the California Fish and Game. Moved by Councilmember Bouer, seconded by Councilmember Robbins to amend the motion for the lease to be a one year lease. The amended motion was carried on a vote of 4 to 1.
ROLL CALL
AYES: COUNCILMEMBERS: Robbins, Bouer, Ross, Ring
NOES: COUNCILMEMBERS: Hack
ABSENT: COUNCILMEMBERS: None
VIII. CITY MANAGER’S REPORT
8.1 Leisure World Cable Television Franchise
City Manager Keane advised Council that staff was directed to prepare and execute 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. Staff submitted an MOU which outlined all of the points discussed by the Council. The draft was subsequently rewritten by GRF to delete the words temporary and the reference to the City’s future right to a separate governmental channel.
Staff has prepared a second agreement (attached) that deletes the words temporary, but includes language limiting the life of the agreement to four single-year terms and referencing state and federal law. In addition, the revised draft specifically notes that neither the City nor GRF gives up any rights or obligations. City Manager Keane advised there was one change to the MOU on Page 2, item F which was to strike out “the terms of the County of Orange Code of Ordinances”.
Councilmember Hack requested an explanation for GRF’s rejection of the initial MOU. City Manager Keane reported that she understood the MOU was rejected due to the reference to temporary agreement and our right to a governmental channel. She advised the proposed MOU did not waive any of the City’s rights. City Attorney Biggs advised that in her opinion the proposed MOU does protect the City’s legal rights, but that it leaves the policy issue of governmental channel for future resolution.
Councilmembers Hack and Bouer expressed concerns about waiving the City’s rights and felt the dedicated channel issue should be settled prior to a MOU being signed.
Russ Ridgeway, PCM Director of Broadband, explained that the MOU revision was due to a fundamental difference of opinion regarding a governmental channel. It was GRF’s intention not to address that issue in the MOU.
Moved by Councilmember Hack, seconded by Councilmember Bouer and carried on a vote of 3-2 to table the action until a report was received from legal counsel. City Manager Keane requested clarification. She asked if the Council’s direction on the prior MOU had been rescinded and whether she was authorized to execute the original agreement if GRF changed its position. Council noted that the prior MOU stood and her authority to execute was not rescinded.
ROLL CALL
AYES: COUNCILMEMBERS: Hack, Bouer, Ross
NOES: COUNCILMEMBERS: Robbins, Ring
ABSENT: COUNCILMEMBERS: None
Harry Curtis, GRF President and Maurice Kravitz, GRF Treasurer, both agreed there was a fundamental difference, but the MOU stated neither side was waiving any of its legal rights.
Councilmember Hack requested a copy of GRF’s legal opinion.
City Attorney Biggs noted that since legal counsel has not been involved in the negotiation, she would need time to review the issues raised; she advised that further discussion of legal issues should be handled in closed session.
City Manager Keane suggested that this matter could be reagendized at the December 22nd meeting, but that Council would need to rescind its action to table.
Moved by Councilmember Hack, seconded by Councilmember Robbins and unanimously carried to reconsider the issue.
Moved by Councilmember Hack, seconded by Councilmember Bouer and carried 4-1 to continue the issue until the next scheduled meeting on December 22.
ROLL CALL
AYES: COUNCILMEMBERS: Robbins, Bouer, Hack, Ross
NOES: COUNCILMEMBERS: Ring
ABSENT: COUNCILMEMBERS: None
8.2 Red Light Photo Enforcement at El Toro Road and Moulton Parkway
Assistant City Manager Reilly introduced Lt. Bob Hogbin, Laguna Woods Police Services Chief, Jim Otterson, City Traffic Engineer, and an Orange County Sheriff Officer from San Jan Capistrano, where they have several red light intersections, and reported there were several camera vendors in attendance. Local jurisdictions can install traffic signal automated photographic enforcement equipment, more commonly known as red light photo enforcement. Red light cameras capture images of vehicles whose drivers deliberately run red lights and violators are ticketed by mail.
The intersection of El Toro Road and Moulton Parkway is a prime candidate for red light photo enforcement. Traditional traffic enforcement at this location is impractical and dangerous. There are few locations for a motorcycle officer or patrol car to observe infractions safely, particularly since officers must often pull into traffic lanes to pursue a violator through the red light as well.
Council questioned whether the courts accept the photos and Lt. Hogbin reported the courts are looking favorably at red light tickets. Councilman Robbins suggested that cameras also be added to the Moulton/Gate 12 intersection.
Moved by Councilmember Robbins, seconded by Councilmember Hack and unanimously carried to approve the use of red light photo enforcement cameras at the intersection of El Toro Road and Moulton Parkway and Leisure World Gate 12 and Moulton Parkway, and that $82,000 be appropriated from the Supplemental Law Enforcement Fund (SLEF) for personnel and equipment required for implementation of the program through June 30, 2005
ROLL CALL
AYES: COUNCILMEMBERS: Robbins, Bouer, Hack, Ross, Ring
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
City Attorney Biggs reported everything is fine.
There were no public comments.
Councilmember Hack discussed a possible bill to create a regional airport authority.
Councilmember Robbins stated it was an honor to be on the council.
Mayor Pro Tem Ross reported there was a Fire Authority Symposium in January.
Mayor Ring advised a letter was received from a resident who received a new heat pump and thanking Council for the energy efficiency program.
XII. ADJOURNMENT
The meeting was adjourned at 3:35 p.m. A Regular Meeting of the City Council will be held at 2:00 p.m.December 22, 2004 at LagunaWoodsCity Hall, 24264 El Toro Road, Laguna Woods, CA
____________________________________________
SUSAN M. CONDON, City Clerk
Adopted: December 22, 2004
______________________________________________
ROBERT B. RING, Mayor
