CITY OF LAGUNA WOODS CALIFORNIA
CITY COUNCIL MINUTES
REGULAR MEETING
December 18, 2002
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 Bouer led the Flag salute.
III. ROLL CALL
COUNCILMEMBERS PRESENT: Bouer, McLaughlin, Ross, Ring, Hack
ABSENT: None
STAFF PRESENT: City Manager Keane; City Attorney Biggs; City Clerk Condon; Assistant City Manager Reilly; Community Director Barr, Community Services Manager Foley
None
Moved by Mayor Pro Tem Ring, seconded by Councilmember Ross and carried unanimously to adopt Proclamations 5.1 – 5.3.
5.1 Certificate of Commendation – Babe Cardwell – 100th Birthday
5.2 Certificate of Commendation – Ernest Carstens – 100th Birthday
5.3 Certificate of Commendation – Tamara Breckenridge – 103rd Birthday
Moved by Mayor Pro Tem Ring, seconded by Councilmember Bouer, and carried unanimously to approve Consent Calendar items 6.1 through 6.10.
6.1 Approved City Council Minutes from the regular meeting of November 20, 2002 and the adjourned regular meeting of December 3, 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 November 2002 monthly Treasurer’s Report.
6.4 Approved the December 18, 2002 Warrant Register in the amount of $209,615.45.
6.5 Discharge of Firearms Ordinance
Ordinance No. 02-05 entitled: AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, REGARDING THE DISCHARGE OF FIREARMS WITHIN CITY LIMITS adopted.
6.6 Citywide Speed Limits Ordinance
Ordinance No. 02-06 entitled: AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ADOPTING AND ESTABLISHING SPEED LIMITS ON CITY STREETS adopted.
6.7 Emergency Disaster Council Ordinance
Ordinance No. 02-07 entitled: AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ADDING CHAPTER 2.20 TO TITLE 2 OF THE LAGUNA WOODS MUNICIPAL CODE adopted.
6.8 City Investment Policy
Resolution No. 02-43 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ACKNOWLEDGING THE REVIEW, RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY adopted.
6.9 Storm Drain Filter Inserts
6.10 Amendment to the San Joaquin Hills Transportation Corridor Agency Joint Powers Agreement to authorize creation of a combined Foothill/Eastern and San Joaquin Hills Joint Powers Authority.
Approved the Second Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency and authorize the Mayor to execute implementing documents, subject to approval by the City Attorney.
VII. PUBLIC HEARINGS
7.1 Building and Fire Codes
Community Development Director Barr noted that the State has adopted new building standards that apply uniformly throughout California. Local jurisdictions can adopt revisions to the State code based on local climate, geographical and topographical conditions. The local amendment of the California building standards and Fire Code were developed to meet the needs of the Orange County Fire Authority and to clarify local building standards and processes.
At the first reading of the Ordinances on December 3, 2002, City Council expressed concerns over the language associated with section 502 of the UBC relating to premise identification. The concern was that existing buildings would be required to up-grade their address numbers to be internally or externally illuminated to comply with Building Code. Community Development Director Barr advised that Building Code requirements relate to building permits associated with new construction. Any existing premise identification numbers, associated with a permitted structure, that do not meet the intent of this code section are considered legal non-conforming and would not be required to be retrofitted. The code requirements must be related to the proposed work as defined by the building permit. In the event the property owner proposes a significant facade renovation or structure rehabilitation (50% or more) the new construction would be required to comply with the code section for premise identification. The City Attorney concurred. Community Development Director Barr also advised that a policy statement would be developed for the building department to follow that would clarify this point.
Mayor Hack opened the Public Hearing.
City Manager Keane advised there were no requests to speak.
The Public Hearing was closed.
City Manager Keane advised there were no written comments.
Moved by Councilmember McLaughlin, seconded by Councilmember Ross and unanimously carried to approve the following:
Ordinance No 02-08 entitled: AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ADDING TITLE 8, “BUILDINGS AND CONSTRUCTION,” AND ADOPTING BY REFERENCE THE 2001 EDITION OF THE CALIFORNIA BUILDING, HOUSING, ELECTRICAL, PLUMBING AND MECHANICAL CODES WITH CERTAIN AMENDMENTS THERETO adopted.
and
Ordinance No. 02-09 entitled AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ADDING CHAPTER 8.12, “FIRE CODE,” Of THE LAGUNA WOODS MUNICIPAL CODE, AND ADOPTING BY REFERENCE THE 2001 EDITION CALIFORNIA FIRE CODE, AND THE 2000 EDITION OF UNIFORM FIRE CODE, WITH CERTAIN AMENDMENTS THERETO adopted.
7.2 Storm Water Ordinance
City Manager Keane advised the public hearing is a continuation of the October 16, 2002 public hearing. At that time, there were no issues presented or speakers.
Community Development Director Barr noted that the City of Laguna Woods is located within the jurisdiction of both the San Diego and Santa Ana Regional Water Quality Control Boards. Each Regional Board establishes the NPDES permit requirements within their respective regions and regulates the implementation standards. Both the San Diego and Santa Ana Regional Water Quality Control Boards adopted new NPDES permits, significantly increasing the responsibilities of the local jurisdictions covered under their permits. The new permits require increased inspections for municipal, industrial, commercial and constructions sites and require that cities develop, and have approved by the Regional Boards, a Local Implementation Plan (LIP). The LIP outlines the City’s commitment to satisfying the NPDES permit requirements and defines how this will be accomplished. A review of the City’s current Storm Water Ordinance indicates some modifications are necessary to effectively enforce the City’s storm water standards and satisfy the new permit requirements. Modifications included ability to cite offenders and issue fines and ability to contract with other agencies to provide enforcement activities.
Councilmembers expressed concern about the citation process and suggested that an educational effort was necessary. Staff advised procedures are included in the Ordinance that allow for warnings and voluntary compliance in lieu of fines. There is also an education component to the Ordinance.
Mayor Hack opened the Public Hearing.
City Manager Keane advised there were no requests to speak.
The Public Hearing was closed.
City Manager Keane advised there were no written comments.
City Attorney recommended minor clerical changes to the proposed ordinance.
Moved by Councilmember Ross, seconded by Mayor Pro Tem Ring and unanimously carried to approve the introduction and first reading of the following ordinance, as amended by the City Attorney:
AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, PROTECTING PUBLIC HEALTH AND SAFETY AND CITY PROPERTY WITH RESPECT TO CONTROL OF DISCHARGES AND POLLUTANTS AND THE PROHIBITION OF ILLICIT DISCHARGES AND ILLICIT CONNECTIONS TO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM, WATERS OF THE UNITED STATES AND THE STATE BY AMENDING TITLE 4 THE LAGUNA WOODS MUNICIPAL CODE ADDING CHAPTER 4.40 STORM WATER AND URBAN RUNOFF POLLUTION CONTROL
VIII. COUNCIL BUSINESS
8.1 Advisory Committee Appointments
City Manager Keane reported Council had been provided with a revised list of nominations and read the names of all nominees (list attached).
Moved by Councilmember Ross, seconded by Councilmember McLaughlin and unanimously carried to approve the proposed committee nominations.
Moved by Councilmember Bouer, seconded by Councilmember Ross and unanimously carried to approve the proposed committee chairs.
8.2 Councilmember Committee Appointments
Moved by Councilmember Bouer, seconded by Councilmember Ross and unanimously carried to approve the appointment of Councilmembers to various interagency committees and boards.
8.3 Airport Environs Land Use Plan
Moved by Councilmember Bouer, seconded by Mayor Pro Tem Ring and unanimously carried to authorize the Mayor to represent the City at the December 19, 2002 Airport Land Use Commission for Orange County public hearing regarding the Airport Land User Plan 2002 Amendment.
8.4 Appeal: Sign Program Revisions for the Ayres Hotel (CP-21)
At its November 20, 2002 meeting, City Council conducted a public hearing regarding an appeal to a staff denial of a color change for building signage at the Ayres Hotel. The Council heard public testimony, closed the public hearing and continued its decision for 30 days to allow the applicant and the Town Centre Tenant Association additional time to resolve this matter.
Following several meetings with the tenant association, staff suggests the following revisions to the existing Town Centre Sign program:
The Tenant Association has submitted a letter in support of the proposed revisions.
Staff advised there were also financial impacts associated with the ongoing code enforcement. Community Development Director Barr estimated staff cost, excluding the City Attorney cost, at approximately $640. The City Attorney estimated her cost at approximately $2,500. If the appeal is approved, the inclusion of the condition for payment of actual costs associated with City expenses will offset any significant financial impact.
Bruce Ayres, representing Ayres, concurred with staff’s recommendation on the signage colors. He also stated Ayres is willing to pay the permit fee, but did not feel it appropriate to pay for the staff time as he felt the issue was due to misunderstandings.
Moved by Mayor Pro Tem Ring, seconded by Councilmember Bouer and carried 4-1 to approve the following resolution which contains the payment of actual costs:
Resolution No. 02-44 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, GRANTING THE APPEAL OF STAFF’S DETERMINATION AND ALLOWING THE PROPOSED MODIFICATION TO THE TOWN CENTRE SIGN PROGRAM ADDING WHITE AS AN APPROVED COLOR FOR THE RESTAURANT, OFFICE AND HOTEL BUILDINGS adopted.
ROLL CALL
AYES: COUNCILMEMBER: Bouer, Ross, Ring, Hack
NOES: COUNCILMEMBER: McLaughlin
ABSENT: COUNCILMEMBER: None
9.1 Community Service Grants Awards
Community Services Manager Foley presented the staff report. He discussed the background of the Community Services grant program. This year’s budget (FY 02/03) includes $150,000 for Community Services grants. Up to $75,000 is designated for programs provided by South County Senior Services based on the demonstrated need for their programs, the location of their facilities in or adjacent to the city, and the large number of Laguna Woods residents utilizing services. The remainder of the funding may be awarded to non-profit organizations that apply on a competitive basis.
A public notice inviting applications for grants was published and notices were mailed to non-profit organizations that had previously received applications. Five applications for competitive grant funds from The Braille Institute, Golden Rain Foundation, Rebuilding Together, Saddleback Community Outreach, and South Orange County Community Services Council and three applications from South County Senior Services were received.
The Community Services Committee unanimously recommended approval of the Community Services grant recommendations from the Social Services Subcommittee and Transportation Subcommittee
Moved by Councilmember Ross, seconded by Mayor Pro Tem Ring and carried unanimously to approve the following Community Services Committee recommendation for the award of community grant funds:
A Award $40,000 in Community Services grants to four grantees
o Braille Institute $15,000
o Golden Rain Foundation $10,000
o Rebuilding Together $5,000
o Saddleback Community Outreach $10,000
o Adult Day Services $23,000
o Transportation Program $22,000
o Florence Sylvester Memorial Senior Center $30,000
9.2 Citation Authority
City Manager Keane noted that the City can only enforce its municipal code through voluntary compliance or in the courts; this is not a cost-efficient manner to deal with small permit violations. She suggested that the proposed citation ordinance would allow trained and certified city staff to issue citations for violations of the City’s Municipal Code. Citations allow the City to assess fines on a per incident basis; however, the first notice of violation usually will request voluntary compliance.
Moved by Mayor Hack, seconded by Councilmember Bouer and unanimously carried to introduce and approve the first reading of the following ordinance:
AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ESTABLISHING PROCEDURES FOR ISSUING ADMINISTRATIVE CITATIONS, ADDING SECTION 1.01.270 TO CHAPTER 1.01 OF THE LAGUNA WOODS MUNICIPAL CODE AND ESTABLISHING CHAPTER 1.10 TO THE LAGUNA WOODS MUNICIPAL CODE
9.3 Mid-Year Budget Review
City Manager Keane discussed FY 2003-03 budget status. She reported the City continues to enjoy positive fiscal health and the General Fund Balance is slightly higher than anticipated. Changes in revenue expected are a $61,000 reduction in interest earnings and a $ 94,000, increase in Transient Occupancy Tax.
Staff is proposing to additions to the existing expenditure budget. Proposals to increase two part time positions to full time and to expand the Senior Mobility Transportation program can be accommodated within the existing budget. Two Conversion of part-time staff to full-time limited term contract positions, Code Enforcement Officer and Finance Assistant, and modifications to the Senior Mobility Transportation program.
Moved by Councilmember Bouer, seconded by Councilmember McLaughlin and unanimously carried to authorize the conversion of the Code Enforcement Officer and Finance Assistant to full time positions, effective January 1, 2003.
Assistant City Manager Reilly discussed the Senior Mobility Transportation Program. Staff recommended continuing the Taxi Discount Voucher program and reducing the qualifying age to 70 from 81 and reducing the cost from $35 to $25 per book.
Assistant City Manager Reilly discussed Subscription Transit Services. The three options presented were:
