CITY OF LAGUNA WOODS CALIFORNIA
CITY COUNCIL MINUTES
ADJOURNED REGULAR MEETING
June 30, 2003
3:00 P.M.
Mayor Hack called the Adjourned Regular Meeting of the City Council of the City of Laguna Woods to order at 3:00 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 Development Director Barr
4.1 El Toro Airport Video
Mayor Hack reported Los Angeles is requesting they be granted authority to run an airport at El Toro. ETRPA developed a video showing the challenges of developing a commercial airport at El Toro.
Moved by Mayor Pro Tem Ring, seconded by Councilmember Ross, and carried unanimously to approve Consent Calendar items 5.1 through 5.4.
5.1 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.
5.2 Fats, Oil & Grease (FOG) Ordinance
Ordinance 03-05 entitled: AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ADDING CHAPTER 4.60 REGARDING THE DISPOSAL OF FATS, OILS AND GREASE FROM FOOD FACILITIES
5.3 Employee Deferred Compensation Plan
Resolution No. 03-15 entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ELECTING TO ESTABLISH A 401 MONEY PURCHASE PLAN adopted
5.4 Energy Efficient Improvements for Residential Units Occupied by Low and Moderate Income Seniors
Approved an agreement with the County of Orange Housing and Community Development Department for energy efficient improvements for residential units occupied by low and moderate income seniors, and authorize the Mayor to execute the agreement subject to review as to form by the City Attorney.
6.1 Leisure Diner Use Permit (UP-103)
Community Development Director Barr advised the applicant is seeking to open a “coffee shop” style restaurant at 24310 “Suite L” within the Willow Tree Shopping Center. The proposed restaurant is approximately 1,100 square feet and would have a maximum seating capacity for 32 people based on occupancy standards established by Building Code. The anticipated hours of operation would be Monday through Friday from 7AM to 4 PM, Saturday from 7AM to 3PM and Sunday from 7AM to 2 PM.
The previous use of the space was for a Domino’s Pizza and was approved as a “take-out” only restaurant. The parking requirement for a take-out only restaurant is consistent with the standard for general retail since people park for only a few minutes to pick up their food. The proposed sit down restaurant will result in patrons remaining for longer periods of time and must be parked in accordance with restaurant standards.
The original development anticipated a retail store in this location and parked the suite with a parking ration of 1 space per 200 square feet of retail space (6 spaces). The proposed restaurant has a higher parking standard – 1 space per 100 square feet of restaurant – requiring a total of 11 parking spaces. An initial analysis of the Center’s parking indicates that there is a parking deficiency (center-wide) when considering current uses and required parking ratios. Based on that initial analysis, the proposed restaurant could not be permitted under the conventional parking standards found within the Zoning Code. Therefore; the applicant is seeking approval of an alternative parking standard under the provisions of Section 18.30.600 of the Zoning Code.
Staff conducted a shared use parking analysis based on the Urban Land Institute’s (ULI) model and supported by actual counts of available parking within the center at various times throughout the day. The shared parking analysis presents a profile of each proposed business and when the peak parking demand would be expected. The ULI model has several parking use profiles; however, they are based on industry standards and do not reflect unique conditions associated with individual businesses such as reduced hours of operation or other restrictions. For the purpose of this study, staff adjusted peak uses to reflect known conditions such as business hours and lease restrictions for the modeling agency.
Based on the methodology of the shared parking analysis, staff recommends that two specific conditions be added to the approving resolution. The conditions are as follows:
* Prior to the issuance of a building permit, the property owner or management company shall remove all reference to assigned parking within the common parking area. A primary assumption of the shared parking analysis is that all the businesses within that portion of the center have equal access to available parking.
* The proposed restaurant’s hours of operation shall be limited to Monday through Friday from 7AM to 4 PM, Saturday from 7AM to 3PM and Sunday from 7AM to 2 PM. Any proposed increases in hours of operation shall require additional review of existing parking conditions and approval of a change plan application by City Staff.
City Manager Keane advised that 10 spaces are marked, but the Freemont lease states they can’t be enforced. The City is not recommending the lease be amended, but that the restaurant, bank and management company work out the issue.
Councilmembers expressed concern regarding the marked parking.
The Public Hearing was opened.
Phyllis Solomon, resident, stated she was in favor of the diner. However, she advised she lived immediately behind the center and requested cooperation from the restaurant on noise and banging of equipment. She also requested Council limit noise in the permit. Council advised it could limit noise. Staff advised the Noise Ordinance was enforced when noise complaints are received. Staff also advised the permit limited delivery hours and hours of operation.
Raymond Floyd spoke on behalf of the center owner. He advised this was one of a few centers without a restaurant and this would be a benefit to the center and the community. He stated the conditions would require the diner tenant to agree to modify another tenant’s (Freemont) lease. He reported the landowner has no control over the lease as the contract predates the landowner’s ownership. He reported they are not opposed to the removal of the assigned parking; however it is out of their control.
Wayne Iba, Manager of Health Plus, stated he had no objections to the diner and requested clarification on the parking analysis study. Community Development Director Barr answered questions.
Owen Pearlman, applicant, stated he did not foresee a lot of extra traffic and felt a lot of restaurant visitors would be in the center for other stores and center employees. He also expressed concern regarding people parking to use tour busses.
The Public Hearing was closed.
Council discussed the condition requiring the removal of the assigned parking spaces and staff answered questions. City Manager Keane stated the parking standard has been used in other areas and requests have been turned down at Town Center. She stated the central issue is there are inadequate parking spaces for this use.
City Attorney Biggs advised the fundamental issue is space availability and the removal of the assigned parking spaces.
Mark Gordon, Fremont Savings and Loan, stated they are in favor of the diner, but expressed concern about losing the spaces. He indicated they would be willing to work with the property manager.
Mayor Hack questioned whether Council could approve the permit while Fremont and the management work towards an agreement regarding removal of the assigned parking.
City Manager Keane reported another Public Hearing would be required as staff would not be able to issue an occupancy permit.
Raymond Floyd, center management, stated he had no authority to accept any changes to the lease and didn’t think it was fair to delay a decision.
Moved by Mayor Pro Tem Ring, seconded by Councilmember McLaughlin and carried unanimously to approve the following resolution with staff’s recommended conditions:
Resolution No. 03-16 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, APPROVING USE PERMIT UP-103 FOR MODIFICATIONS TO THE OFF STREET PARKING REQUIREMENTS FOR THE PROPOSED RESTAURANT LOCATED IN THE WILLOWTREE SHOPPING CENTER, 24310 MOULTON PARKWAY, SUITE “L” adopted.
VII. CITY COUNCIL
7.1 Advisory Committee Appointments
Moved by Councilmember McLaughlin, seconded by Councilmember Ross and carried unanimously to appoint Ward Payne to the Water Quality Advisory Committee.
VIII. CITY MANAGER’S REPORT
8.1 El Toro Road Traffic Signal Communications System Modification from Aliso Creek Road to Calle Sonora
Assistant City Manager Reilly advised the Orange County Transportation Authority (OCTA) recently awarded $255,344 in Signal Improvement Program funds for the El Toro Road Traffic Signal Communications System modification construction project. Bids were received from five companies for traffic signal communications system modification from Aliso Creek Road to Calle Sonora. This work will be done in conjunction with the El Toro Road West Landscape and Sidewalk project which was delayed to enable signal communications conduit to be laid in the open median and deconstructed sidewalk. Mayor Pro Tem Ring read the proposed recommendation.
Moved by Mayor Pro Tem Ring, seconded by Councilmember McLaughlin and carried unanimously to award a contract to Benergy, Inc. in the amount of $35,800, plus authorized change orders not exceeding 15% of the base amount, for the El Toro Road Traffic Signal Communications System modification construction project; and authorized the City Manager to execute a contract and approve change orders, subject to approval of the contract as to form by the City Attorney.
8.2 Fiscal Year 2003-04 Annual Budget
City Manager Keane presented the Fiscal Year 2003-04 Annual Budget to Council. The five budget resolution titles were read.
Moved by Councilmember Bouer, seconded by Councilmember Ross and carried unanimously to approve the following budget resolutions:
Resolution No. 03-17: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ADOPTING THE BUDGET AND APPROVING APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING JULY 1, 2003 AND ENDING JUNE 30, 2004
and
Resolution No. 03-18: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2003-04
and
Resolution No. 03-19: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ADOPTING A SEVEN‑YEAR CAPITAL IMPROVEMENT PROGRAM IN CONFORMANCE WITH MEASURE M REQUIREMENTS
and
Resolution No. 03-20: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ESTABLISHING A GENERAL GOVERNMENTAL OVERHEAD RATE OF 37%
and
Resolution No. 03-21: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, URGING THE CALIFORNIA LEGISLATURE TO USE A BALANCED APPROACH IN ADOPTING THE STATE BUDGET
The City Attorney reported everything was fine. She introduced Rob Purcell who is an intern with the firm of Burke, Williams & Sorenson
There were no public comments.
Councilmember Ross advised a new voting system will be going into effect shortly and the Registrar of Voters is interested in senior citizen usage.
Mayor Pro Tem Ring indicated three of the Laguna Canyon Foundation pictures will remain at City Hall.
XII. 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.
There was no reportable action.
XIII. ADJOURNMENT
The meeting was adjourned at 4:50 p.m. A Regular Meeting of the City Council will be held at 2:00 p.m. July 16, 2003 at the Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92653.
____________________________________________
SUSAN M. CONDON, City Clerk
Adopted: July 16, 2003
______________________________________________
BERT HACK, Mayor
