CITY OF LAGUNA WOODS CALIFORNIA
CITY COUNCIL MINUTES
REGULAR MEETING
July 17, 2002
2:00 P.M.
Mayor McLaughlin called the Regular Meeting of the City Council of the City of Laguna Woods to order at 2:00 p.m.
Mayor McLaughlin led the Flag salute.
III. ROLL CALL
COUNCILMEMBERS PRESENT: Bouer, Ring, Ross, Hack, McLaughlin
ABSENT: None
STAFF PRESENT: City Manager Keane; City Attorney Biggs; City Clerk Condon; Assistant City Manager Reilly, Community Director Barr, City Engineer Nelson
City Manager Keane requested that an emergency item be added to the agenda to reconsider Council’s former authorization to purchase the 10.6 acres Rossmoor Property and either ratify or reject the prior authorization. Moved by Mayor Pro Tem Hack, seconded by Councilmember ring, and carried unanimously to add the item under City Manager’s Report.
Ellen Dalrymple introduced Trina Jones from the American Cancer Society. Ms. Jones the Relay for Life event being held in Aliso Viejo, which would include Aliso Viejo, Laguna Niguel and Laguna Woods. Council was invited to attend as honored guests. City Manager Keane reported that staff would be putting together a team.
Moved by Councilmember Ring, seconded by Councilmember Ross and carried unanimously to adopt Proclamation 5.1.
5.1 Commendation – Annis Goldenson – 103rd Birthday.
Moved by Councilmember Bouer, seconded by Mayor Pro Tem Hack, and carried unanimously to approve Consent Calendar items 6.1 through 6.6.
6.1 Approved City Council Minutes from the adjourned regular meetings of June 12, 2002 and June 19, 2002.
.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 June 2002 monthly Treasurer’s Report.
6.4 Approved the July 17, 2002 Warrant Register in the amount of $1,155,558.82.
6.5 Authorized the denial of the claim against the City of Laguna Woods by Celia J. Raymond in the amount of $394.54.
6.6 Resolution No. 02-25 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, DELEGATING AUTHORITY TO THE CITY MANAGER TO DENY CLAIMS OF $50,000 OR LESS adopted.
VII. PUBLIC HEARINGS
7.1 Conditional Use Permit application CUP-33 for the co-location of a “minor” wireless facility on the existing monopine antenna structure, 24141 Moulton Parkway, filed by AT&T Wireless (CUP 33)
City Manager Keane introduced Lauren Barr, Manager, Planning Services. He presented the staff report and answered questions relating to the proposed co-location of a minor wireless facility on the existing monopine antenna structure at 24141 Moulton Parkway.
Saundra Jacobs, agent for AT&T Wireless, offered to answer any questions from Council. There were no questions.
Mayor McLaughlin opened the Public Hearing.
There were no requests to speak.
The Public Hearing was closed.
City Manager Keane reported that she had received a voice mail message from resident George Ratner. He indicated that Third Mutual, which has homes that border this site, has was no problem with the CUP .
Moved by Mayor Pro Tem Hack, seconded by Councilmember Ross and unanimously carried, 5 – 0 to adopt Resolution No. 02-26 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT CUP 33 FOR THE CO-LOCATION OF A “MINOR” WIRELESS FACILITY ON THE EXISTING MONOPINE ANTENNA STRUCTURE LOCATED ON THE EL TORO WATER DISTRICT PROPERTY, 24141 MOULTON PARKWAY.
VIII. COUNCIL BUSINESS
8.1 League of California Cities: Appointment of Voting Delegates
City Manager Keane advised the City must appoint an official delegate and alternate who are authorized to vote on behalf of the Council at the October 2002 League of California Cities annual conference and at Orange County division meetings. Traditionally, these positions are held by the Mayor and Mayor Pro Tem.
Moved by Councilmember Ring, seconded by Councilmember Bouer and carried unanimously to appoint Mayor McLaughlin as voting delegate and Major Pro Tem Hack as alternate for matters concerning the League of California Cities.
8.2 November 5, 2002 General Municipal Election
City Manager Keane advised that Resolutions No. 01-19 and No. 02-20 were adopted on June 19, 2002 calling for the November 5, 2002 general election and requesting election services from the County. She discussed Government Code Section 56812, which requires the governing body of a recently incorporated city to determine a permanent appropriations limit that must be submitted to the voters at the first municipal election following its first full fiscal year of operation. The City must determine the amount of revenue actually received in its first fiscal year and then adjust it upwards by the change in population and the change in personal income or non-residential assessed valuation.
City Manager Keane reported that staff has calculated the permanent limit based on the requirements in GC 56812(b) and the amount the City must place on the ballot in November is $4,165,544. This amount is less than the current provisional amount and is very close to anticipated current year proceeds of taxes revenue. Article XIIIB requires the City to return money in excess of its appropriations limit.
She further reported, that, in general, newly incorporating cities receive adequate funding in their first year and have sufficient population growth in succeeding years to meet Gann Limit requirements. She advised that Laguna Woods’ difficulty is related to three issues: 1) the County did not release all of our property tax in our first year and that amount cannot be counted in our base; 2) although the City had a transient occupancy tax, we did not begin collecting funds until our second year of operation; and 3) there has been virtually no population growth since incorporation. State law does not allow correction for any of these conditions. However, it does allow the placement of an additional measure on the ballot that, if approved by a majority of the voters, would increase the appropriations limit for up to four years.
In conformance with Article XIII, the City may place a measure on the November 5, 2002 ballot proposing an increase in the appropriations limit by the amount of excess of motor vehicle fees it will receive in the Years 2002-03 through 2005-06. This amount is approximately $1.6 million per year and, if approved by the voters, would allow the City to retain all proceeds of taxes it receives during these years.
City Manager Keane advised that the first resolution orders the submission of two ballot measures to the voters related to the City’s appropriations limit. The first measure would establish the City’s permanent appropriations limit in accordance with State law. The second measure would raise the permanent limit for four years to allow the City to retain “extra” motor vehicle fees it expects to receive during those years. The resolution specifies the ballot measure language and directs the City Attorney to prepare an impartial analysis of each measure.
The second resolution sets priorities for filing written arguments regarding the two city measures. The California Elections Code establishes provisions to provide for arguments for and against a ballot measure and gives direction to the City Clerk with regard to selection of the arguments that will be printed in the ballot pamphlet. The resolution proposes that all five council members will sign the argument in favor of each measure. Arguments for and against the ballot measures must be received by July 29, 2002. If council members submit an argument by this date, that argument will be the one printed in the ballot pamphlet.
The third resolution provides for the filing of rebuttal arguments for the two ballot measures. The Council may choose to take or not take this action. If no action is taken by the City Council, no rebuttal arguments will be allowed either for or against the measures.
Councilmember Ross requested that the resolutions be voted upon individually. Council concurred and the Councilmembers discussed the first proposed resolution and its fiscal impact.
Moved by Mayor Pro Tem Hack, seconded by Councilmember Bouer and unanimously carried, 5 – 0 to adopt Resolution No. 02-27 entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA ORDERING THE SUBMISSION TO THE VOTERS AT THE NOVEMBER 5, 2002 MUNICIPAL ELECTION OF TWO QUESTIONS RELATING TO THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT
Moved by Councilmember Ring, seconded by Councilmember Ross and unanimously carried, 5 – 0 to adopted Resolution No. 02-28 entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES ON THE NOVEMBER 5, 2002 BALLOT
Council discussed the third resolution. City Manager Keane and City Attorney Biggs explained options and legal remedies if the resolution was not adopted.
Moved by Councilmember Ring, seconded by Councilmember Bouer and approved 4-0-1 to adopt Resolution No. 02-29 entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS
ROLL CALL
AYES: Bouer, Ring, Ross, McLaughlin
NOES: None
ABSTAIN: Hack
ABSENT: None
City Attorney Biggs requested a protocol explanation of Mayor Pro Tem Hack’s vote. Mayor Pro Tem Hack stated he did not feel there was any benefit to the city by adopting this resolution.
8.3 Council Meeting Schedule
City Manager Keane recommended that since the Council is dark in August that a meeting be held the week of September 2 for the first reading of the ordinance relating to the Development Agreement. A meeting is required at least 10 days prior to the regular meeting at which a public hearing will be noticed and the second reading of the ordinance.
Moved by Councilmember Ring, seconded by Mayor Pro Tem Hack and unanimously carried to schedule a council meeting on September 4, 2002 at 2:00 p.m.
8.4 Ad Hoc Council Committee – Salary Negotiations
City Manager Keane recommended establishing an ad hoc Council subcommittee for the purpose of negotiating employee compensation. She advised that negotiations would be done in August, recommendations brought to Council in September and effective in October. She recommended that the ad hoc subcommittee consist of Councilmembers Ring and Bouer, as they will be in town in August.
Moved by Mayor Pro Tem Hack, seconded by Councilmember Ross and unanimously carried to appoint Councilmembers Ring and Bouer to the ad hoc Council Subcommittee to negotiate employee compensation.
City Manager Keane introduced Assistant City Manager Doug Reilly. He discussed the current hazardous waste pilot program, which collects such items as batteries, oil, latex paint, solvents, etc. The proposed expansion would include the collection of Sharps (hypodermic and other types of needles, syringes, lancets and pins) supported by currently budget funds. The Sharps containers would be mailed to the resident and once filled, mailed back. Staff answered questions from council.
Moved by Mayor Pro Tem Hack, seconded by Councilmember Ross and carried 4-0-1 to expand the Household Hazardous Waste Recycling Pilot Program to include the collection of Sharps.
ROLL CALL
AYES: Bouer, Ring, Ross, Hack
NOES: None
ABSTAIN: McLaughlin
ABSENT: None
Mayor McLaughlin stated that she abstained due to the cost of the program.
9.2 Reconsider Council’s Authorization to Purchase the 10.6 acres Rossmoor Property
City Manager Keane advised that a report was recently submitted to the Third Laguna Hills Mutual Board of Directors by their management company, PCM, relating to a Traffic Congestion Relief Initiative. Comments in the report indicated that residents in the Gate 9 area might protest the development of a park on the Rossmoor property with public access.
City Manager Keane stated that based on the comments and concern that residents may not want the land purchased for a park, and the fact that she was previously authorized to complete the purchase of the property; she was requesting ratification or rejection of Council’s prior decision to purchase the property.
Council expressed their concern over the report and discussed some of the statements.
Moved by Councilmember Ross, seconded by Mayor Pro Tem Hack and unanimously carried to ratify Council’s decision to purchase the 10.6 acres Rossmoor Property and for the City Manager to finalize the purchase.
Councilmember Ring motioned to recall the question on the resolution relating to rebuttal arguments, seconded by Councilmember Bouer.
Councilmember Ring requested further clarification of the resolution. City Manager Keane reported that the argument in favor from council could be 300 words and if an argument against was submitted, the rebuttal would allow the city another 250 words. Councilmember Ring stated he was concerned that if arguments against were false, that judicial measures should be taken. Further discussion was held. City Attorney Biggs stated that the cost of a rebuttal is very small, but that judicial action could be significant
Councilmember Ring withdrew his motion, seconded by Councilmember Bouer.
City Attorney Biggs reported that all was fine. Mayor McLaughlin complimented City Attorney Biggs on her presentation that morning at the Candidate Information Meeting.
11.1 Laguna Canyon Foundation (Councilmember Ring)
Councilmember Ring discussed a retreat scheduled for October for long range (10-15 year) planning. He reported that three designs were submitted for the interpretative center.
11.2 El Toro Reuse Planning Authority (ETRPA) (Mayor Pro Tem Hack)
Mayor Pro Tem Hack 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 fire ants are under control and the District would be meeting tomorrow.
11.5 Orange County Library Board (Councilmember Ross)
Councilmember Ross advised the Board meeting was being delayed until the governor’s budget was finished.
11.6 Orange County Fire Authority (OCFA)(Councilmember Ross)
Councilmember Ross reported that there were 60 calls last month and provided a breakdown. She also reported on the recent large fires.
City Manager Keane reported that staff had met with a Rossmoor properties representative on weed abatement on the property at the western end of the city. They will be clearing a space along the wall. The County and Irvine have cleared their areas. Staff is still working with SCE. She reported that the Sheriff has been requested to make more patrols in the area for fire watch.
XII. PUBLIC COMMENTS
Jim Clouet, South Coast Air Quality Management District, introduced himself as the representative for this area.
XIII. CITY COUNCIL COMMENTS AND ANNOUNCEMENTS
Mayor Pro Tem Hack read a letter he submitted to the Leisure World News
XIV. CLOSED SESSION
None.
The meeting was adjourned at 4:05 p.m. An Adjourned Regular Meeting of the City Council will be held at 2:00 p.m., Wednesday, September 4, 2002 at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, California
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SUSAN M. CONDON, City Clerk
Adopted: September 18, 2002
_______________________________________________
JAN MC LAUGHLIN, Mayor
