CITY OF LAGUNA WOODS CALIFORNIA
CITY COUNCIL MINUTES
REGULAR MEETING
March 19, 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.
Mayor Hack led the Flag salute.
III. ROLL CALL
COUNCILMEMBERS PRESENT: Bouer, McLaughlin, Ross, Hack
ABSENT: Ring
STAFF PRESENT: City Manager Keane; City Attorney Biggs; City Clerk Condon; Assistant City Manager Reilly; Community Director Barr; Community Services Manager Foley
Moved by Councilmember Ross, seconded by Councilmember Bouer and carried unanimously to adopt Proclamations 4.1 through 4.4.
4.1 Certificate of Commendation – Anna Melchior – 103 Years Old
4.2 Certificate of Commendation – Community Service Programs 30th Anniversary
4.3 Proclamation – Exercise Challenge
4.4 Proclamation of Special Recognition – Water Quality Citizen Experts
5.1 Urban Runoff Word Scramble Certificate of Recognition Presentations (Names L – K)
City Manager Keane read the names of the Urban Runoff Word Scramble L – Z winners and requested they stand when their names were read. She invited all the winners present to step outside for a picture with Council and then receive their certificate during a brief reception in city hall offices.
The meeting recessed at 2:15 p.m.
The Council meeting resumed at 2:30 p.m.
City Manager Keane requested the removal of items 6.5 and 6.8 from the Consent Calendar for discussion.
Moved by Councilmember Ross, seconded by Councilmember McLaughlin, and carried unanimously to approve Consent Calendar items 6.1 through 6.7, and discuss items 6.5 and 6.8 at the end of the Consent Calendar.
6.1 Approved City Council Minutes from the regular meeting of February 19, 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 February 2003 monthly Treasurer’s Report.
6.4 Approved the March 19, 2003 Warrant Register in the amount of $316,806.14.
6.6 Records Retention Policy
Resolution 03-05 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA ESTABLISHING A RECORDS RETENTION POLICY BY ADOPTION OF A RECORDS RETENTION SCHEDULE was adopted.
6.7 Amendment No. 3 to Agreement No. C-0-0936 between the OrangeCountyTransportation Authority and City of Laguna Woods
Approved and authorized the Mayor to execute Amendment No. 3 to Agreement No. C-0-0936, between the Orange County Transportation Authority and City of Laguna Woods.
6.5 United Street Light Replacement
Resident John Fuller thanked Council for assuming responsibility of the United streetlights. Moved by Councilmember Bouer, seconded by Councilmember McLaughlin, and carried unanimously to approve Consent Calendar item 6.5:
Awarded a contract to Three Kings Construction in the amount of $274,750, plus authorized change orders not exceeding 25% of the base amount, for the installation of 175 new street lights in United Laguna Hills Mutual; and authorized the City Manager to execute the agreement and approve change orders.
6.8 City Capital Equipment
City Manager Keane advised there was sufficient funding available to purchase a computer work station, portable digital projector and scan converter in the current budget. She further requested a transfer from Council Contingency of $10,000 for the purchase of a small emergency generator for the City’s Disaster Command Center to run basic equipment. Staff will be reviewing further the requirements needed to fully run the Command Center and will be bring back a request for an additional generator if warranted.
Moved by Councilmember Ross seconded by Councilmember McLaughlin, and carried unanimously to approve Consent Calendar item 6.8:
Approved the addition of the following equipment to the City’s Fiscal year 2003-04 capital equipment budget – computer work station, portable digital projector and scan converter and approved the transfer of $10,000 from Council Contingency for purchase of an emergency generator.
VII. PUBLIC HEARINGS
7.1 Zoning and Development Code
Community Development Director Barr reported comments were received from the February 19, 2003 joint City Council- PAC meeting, the March 6, 2003 PAC meeting and from the general public. Where there was a consensus of a majority of Council or PAC members, the proposed document was modified.
He reported the Errata Table and noted those items specifically raised at the workshop and subsequent PAC meeting and all other administrative or technical changes to the document. Staff prepared a “summary of changes” which lists the issues raised at the joint meeting and Staff’s recommended action.
Staff is proposing the several additional modifications:
Zone Change for the Valencia Center – Staff proposed changing the zoning of the Valencia Center on the corner of El Toro Road and Paseo De Valencia from Neighborhood Commercial to Community Commercial and the property owner supports the change.
Guest Parking – The current Planned Community standards are .25 per unit. A standard of .2 is typical of the three adjoining cities of Laguna Hills, Lake Forest and Aliso Viejo, all of which based their zoning on the County Code. Staff recommended a guest parking standard of .25 per unit be applied Citywide.
Administrative Modifications to Development Standards – A section was added to the proposed document that offers the Community Development Director a certain amount of administrative discretion to approve deviations from the development standards. The use of the director’s discretion would only apply to projects that do not require council approval and would require an additional finding that the proposed modification will not result in a detriment to the public health, safety or welfare.
Auto and Pedestrian Access for New Development – Concern was expressed over pedestrian and handicap access to new development, specifically related to the slope of driveways for commercial and residential developments. A two-step approach was taken: first, the maximum grade for residential and commercial automobiles access to off-street parking areas was reduced from 15 to 10 percent. Second, the proposal added a provision to the “Supplemental Commercial District Regulations” to further address pedestrian access concerns relating to the unique circumstances of the City and its residents. The proposed standard requires that a new development provide sidewalks along vehicular entrance points with a grade not to exceed 8 percent, which can satisfy the maximum slope requirements for a handicap ramp. There are provisions in the Code that would allow an applicant to seek relief from the standards based on unique conditions associated with a proposed development. Approval of any deviation from the standard would be subject to the administrative modification standards of the Code or included as part of a use permit application, depending on the nature of the project.
Building Heights in Open Space – Concern was raised over the proposed maximum height of 35’ for buildings in the Recreational Open Space zone, specifically to a potential replacement building for Leisure World Clubhouse 2, which might require a 3-story structure.
The 35’ standard is consistent with standards for recreation/public and institutional buildings used elsewhere in South Orange County. Under the proposed code, a three-story structure is not prohibited, but may have some design constraints relating to how a three-story structure could fit on a site. An applicant can seek a deviation from the maximum height restriction through the use permit process. Staff’s position is that a maximum height of 35’ allows for development of a substantial building that would be consistent with the scale and character of an open space district. Larger buildings/structures may result in additional impacts to surrounding properties and therefore, warrants the public notification and review associated with the processing of a use permit.
Adult Business – City Attorney Biggs advised that findings required by law were required to be added when making adjustments to the licensing and operation standards for adult businesses and adult performers and reported they must be treated very carefully by public entities. She stated that Section 4 of the proposed ordinance updates the provisions and licensing and operational standards for adult businesses and establishes a licensing process for the licensing of adult performs. She further stated that the public health, safety and welfare of the City and its residents require the enactment of this ordinance. Community Development Director Barr advised that a copy of the revised ordinance was provided to Council.
The Public hearing was opened.
City Manager Keane advised there were no requests to speak.
The Public hearing was closed.
City Manager Keane advised written reports were received from Councilman Ring and Kevin Canning, representing the Golden Rain Foundation.
Moved by Councilmember Ross seconded by Councilmember McLaughlin, and carried unanimously to approve the introduction and first reading of the revised Ordinance to regulate land use and development within the City of Laguna Woods, entitled
AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ADOPTING A NEW ZONING CODE AND OFFICIAL ZONING MAP AND ADOPTING FINDINGS RELATING TO LICENSING AND OPEATIONAL STANDARDS FOR ADULT BUSINESSES AND ADULT PERFORMERS.
VIII. COUNCIL BUSINESS
8.1 Advisory Committee Appointments
No appointments made.
9.1 Exercise Challenge Status Report
Community Services Manager Foley reported that the City is hosting its third annual Exercise Challenge, kicking off the first week in April 2003. The goal of this year’s Exercise Challenge is to “Reach for the Moon” by collectively exercising enough to travel 250,000 miles. The following items have been planned by the City and are open to the public:
* Official Kick Off: Tuesday, April 1st
* Exercise Challenge Expo, April 11th
* City Council Award Presentation: May 21st
* Reception: Wednesday, May 29th
Mary Stone, Chair of the Exercise Challenge program, reported on the programs sponsored by Leisure World, which are only open to residents of Leisure World.
City Attorney Biggs reported everything was fine. She advised there would not be a closed session as the matter of potential litigation has been settled.
11.1 Laguna Canyon Foundation (Councilmember Bouer)
Councilmember Bouer reported the Foundation met last week. He reported the interpretative center would be called the Nix Center.
11.2 Coastal Greenbelt Authority (City Manager Keane)
City Manager Keane reported the City is currently an ex-officio member and negotiations are underway to include Woods End under the Coastal Greenbelt Authority. The City would then be a full member.
11.3 El Toro Reuse Planning Authority (Mayor Hack)
Mayor Hack reported they were still in the process of settling law suits. He reported that the EIR had been distributed by Irvine for comments.
12.3 Orange County Corridor Authorities (Mayor Hack)
Mayor Hack reported all 13 cities for the San Joaquin Corridor and 11 cities for the Foothill Eastern Corridor have signed documents relating to the merger of the two transportation corridors.
12.4 Vector Control District (Councilmember Bouer)
Councilmember Bouer reported there was nothing new. Discussion was held regarding the West Nile Virus. Councilmember Bouer reported the possible loss of funding for the fire ant program.
12.5 Library Board (Councilmember McLaughlin)
Councilmember McLaughlin reported the Library Board did not meet.
12.6 Orange County Fire Authority (Councilmember Ross)
Councilmember Ross reported there was no meeting.
XIII. PUBLIC COMMENTS
Resident Ward Payne introduced members from American Legion 257 and discussed the war in Iraq. He requested the Council adopt a resolution declaring full support for the American armed forces. City Manager Keane advised the matter would require a 4/5vote to be agendized as an urgency item. City Attorney Biggs concurred.
Moved by Councilmember McLaughlin, seconded by Councilmember Ross to agendize an urgency matter to support of the armed forces. The motion failed on a vote of 3 to 1.
ROLL CALL
AYES: COUNCILMEMBER: McLaughlin, Ross, Bouer
NOES: COUNCILMEMBER: Hack
ABSENT: COUNCILMEMBER: Ring
Mayor Hack advised he would like to reconsider his vote to agendize the matter.
ROLL CALL
AYES: COUNCILMEMBER: McLaughlin, Ross, Bouer, Hack
NOES: COUNCILMEMBER: None
ABSENT: COUNCILMEMBER: Ring
Further discussion was held
Councilmember McLaughlin requested Council proceed with supporting the armed forces.
City Manager Keane questioned if Council wanted to direct staff to agendize the item for the next Council meeting or to work at drafting a resolution at this time.
Councilmember McLaughlin stated she wanted Council to consider drafting a resolution at this time.
Councilmember Ross discussed being a World War II veteran. She felt that we need to support the members of the armed services.
Councilmember Bouer proposed drafting a resolution in support of the troops at this time.
Mayor Hack stated he felt that Council is not charged with conducting foreign policy. He discussed supporting the troops but not supporting the war.
City Manager Keane provided Council with possible wording.
Moved by Councilmember McLaughlin, seconded by Councilmember Ross and carried on a vote of 3-0-1 to adopt the following Resolution No. 03-06:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA EXPRESSING ITS UNCONDITIONAL SUPPORT OF U.S. MILITARY PERSONNEL SERVING AT HOME AND ABROAD IN THE BATTLE AGAINST TERRORISM
ROLL CALL
AYES: COUNCILMEMBER: McLaughlin, Ross, Bouer
NOES: COUNCILMEMBER: None
ABSTAIN: COUNCILMEMBER: Hack
ABSENT: COUNCILMEMBER: Ring
XIV. CITY COUNCIL COMMENTS AND ANNOUNCEMENTS
Councilmember Bouer thanked the American Legion Post for the veterans, firefighters, and law enforcement memorial exhibits that were located in the City Council Chamber. City Manager Keane advised there would be a short dedication at the April 16, 2003 meeting.
Councilmember Bouer requested the placement of flashing lights indicating there were traffic signals ahead near Gate 12. City Manager Keane reported the Planning Advisory Committee has submitted the suggestion and staff hoped to present a recommendation to Council at the April meeting.
City Manager Keane reported there was no need for a closed session.
XVI. ADJOURNMENT
The meeting was adjourned at 3:30 p.m. A regular meeting of the City Council will be held at 2:00 p.m. April 16, 2003 at the Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92653.
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SUSAN M. CONDON, City Clerk
Adopted: April 16, 2003
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BERT HACK, Mayor
