CITY OF LAGUNA WOODS CALIFORNIA
CITY COUNCIL MINUTES
REGULAR MEETING
November 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, Ross, McLaughlin, Ring, Hack
ABSENT: None
STAFF PRESENT: City Manager Keane; City Attorney Biggs; City Clerk Condon; Assistant City Manager Reilly, Community Development Director Barr; Community Services Manager Foley
None
Moved by Councilmember Bouer, seconded by Councilmember Ross and carried unanimously to adopt Proclamations 5.1 and 5.2.
5.1 Commendation – Yetta Levitt – 100th Birthday
5.2 Proclamation – Human Rights Day – December 10, 2003
Moved by Councilmember Bouer, seconded by Councilmember Ross and unanimously carried to appoint Bob Ring as Mayor.
Mayor Ring thanked former Mayor Hack for all the accomplishments that had occurred during his term as Mayor. Mayor Ring and Council thanked staff for their assistance during the past year.
Moved by Councilmember Hack, seconded by Councilmember McLaughlin and unanimously carried to appoint Brenda Ross as Mayor Pro Tem.
VII. CONSENT CALENDAR
Moved by Councilmember Bouer, seconded by Councilmember McLaughlin, and carried unanimously to approve Consent Calendar items 7.1 through 7.5.
7.1 Approved City Council Minutes from the regular meeting of October 15, 2003 and adjourned regular .meeting of October 31, 2003.
7.2 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.
7.3 Received and filed October 2003 monthly Treasurer’s Report and First Quarter fiscal Year 2003-04 Treasurer’s Report.
7.4 Approved the November 19, 2003 Warrant Register in the amount of $351,386.99.
7.5 Community Development Block Grant energy Efficiency Program
VIII. PUBLIC HEARINGS
8.1 Zoning Ordinance Amendment – Temporary Sign Program for Churches and Not-for-Profit Organizations
Community Development Director Barr advised the proposed Code amendment was first brought before City Council at their September 17, 2003 regular meeting, as part of a larger Zoning Code Amendment, and it addresses temporary signs for religious institutions and other qualified 501(C)(3) non-profit organizations, was. At the direction of City Council, the proposed sign code was referred to the City Attorney for analysis. There where two primary questions addressed in this analysis: 1) whether the proposed sign Code amendment meets the constitutional tests for free speech, and 2) does treating religious institutions and qualified non profits differently than other businesses violate the Equal Protection Clause of the Constitution. The legal review of the proposed sign Code revision resulted in modifications:
* The 21-day restriction on advanced promotion of events and restricted political and business promotion have been revised. The limit on advanced promotion has been eliminated; however, the requirement to remove signage within 48 hours of the end of the event still remains.
* The requirement that temporary signs change at least once every thirty days has been removed since permits would be issued on an annual rather than a monthly basis.
* The reference that restricts the content of political messages and advertising signs and banners has been removed and the review process now references the existing Code standards for aesthetics which apply citywide.
* The requirements for religious institutions and other qualified nonprofit organizations that are located within existing shopping centers did not change. Churches and qualified nonprofit organizations that own or lease property in residential areas are allowed greater flexibility between the similar uses occurring in different zones and is a legitimate exercise of City authority.
* The prohibition on aid to religion need not apply as there is no specific benefit to religion because the range of institutions that would potentially qualify for a waiver is sufficiently large when including the qualified non-profit organizations. The issuance of a $39.00 annual permit for temporary signage offsets most of the expense associated with regulating signage within the City.
* The height limitations put on banners when attached to accessory structures was modified for accessory structures to allow up to a 4-foot projection above an accessory structure
Mayor Ring reopened the Public Hearing which was continued from October 15, 2003.
There were no requests to speak.
City Clerk Condon advised no written comments were received.
The Public Hearing was closed.
Discussion was held on political signs. City Attorney Biggs noted that she was reviewing and updating the balance of City’s temporary sign ordinance to make sure that it meets new legal requirements.
Moved by Councilmember Hack, seconded by Mayor Pro Tem Ross, and carried unanimously to approve the first reading of an Ordinance entitled:
AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, AMENDING THE LAND USE AND DEVELOPMENT CODE (ZONING CODE) BY ADOPTING ADDITIONAL TEMPORARY SIGN AND BANNER STANDARDS FOR RELIGIOUS INSTITUTIONS AND OTHER 501(C)(3) NON-PROFIT ORGANIZATIONS
Moved by Councilmember Hack, seconded by Councilmember McLaughlin, and carried unanimously to approve the establishment of a $39 annual temporary signage permit fee for churches and qualified nonprofit organizations.
8.2 Building Code Amendment: Replacement Windows
Community Development Director Barr reviewed the proposed ordinance and noted that it would exempt some replacement windows from permit requirements. The “Replacement Window Certification” provides the City with a description and location of work being done and offers the City some surety that the installers are aware of the code requirements and comply with the provisions of the code. The certification is to be completed by the window installer or property owner and applies to a single property/manor.
Councilmember McLaughlin questioned item 106.2 (13) Other incidental structures… and Community Development Director Barr advised that this section allows the Building Official discretion on other approving incidental structures and improvements.
Mayor Ring opened the Public Hearing.
There were no requests to speak.
City Clerk Condon advised no written comments were received.
The Public Hearing was closed.
Moved by Councilmember McLaughlin, seconded by Councilmember Bouer, and carried unanimously to approve the adoption of Ordinance No. 03-08 entitled:
AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, AMENDING SECTION 8.02.018 OF THE LAGUNA WOODS “BUILDING CODE”, ADDING A PERMIT EXEMPTION FOR REPLACEMENT WINDOWS SUBJECT TO CERTAIN CONDITIONS.
City Attorney Biggs requested Council reconsider its action for Item 8.1 Zoning Ordinance Amendment – Temporary Sign Program for Churches and Not-for-Profit Organizations
Moved by Councilmember Hack, seconded by Councilmember Bouer and unanimously carried to reconsider Item 8.1.
City Attorney Biggs apologized to Council and recommended the some wording be eliminated from 18.30.700 Sign Regulations item g (shown by strikethrough) and typing correction in item h:
Moved by Councilmember Hack, seconded by Councilmember McLaughlin and unanimously carried to approve the first reading of the Ordinance, as corrected, entitled:
AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, AMENDING THE LAND USE AND DEVELOPMENT CODE (ZONING CODE) BY ADOPTING ADDITIONAL TEMPORARY SIGN AND BANNER STANDARDS FOR RELIGIOUS INSTITUTIONS AND OTHER 501(C)(3) NON-PROFIT ORGANIZATIONS
9.1 Citizen Advisory Committees:
City Manager Keane advised each of the City’s citizen advisory committees has specific areas of responsibility. Staff has noticed that many transportation and traffic safety issues do not fit well entirely under the auspices of either the Planning or Community Services Committees. She suggested the City shift transportation issues from Community Services and right-of-way public works project review (streets, sidewalks and multipurpose trails) from Planning to a new eleven member stand-alone Transportation Committee. This Committee could also provide assistance in the area of traffic flow and traffic control devices (signals and signage).
She advised that with the shift of this responsibility area to a new committee, staff is also recommending the reduction of membership on the Community Services Committee to eleven, consistent with that of other citizen advisory committees. Members of Community Services who have a primary interest in transportation would have the option to switch to the new committee.
Staff is recommending that Virginia Templeton, currently Chair of the Community Services Committee, be named as the Chair of the new Transportation Committee and that Janet Brayley, currently a member of the Community Services Committee be named Chair of the Community Services Committee.
Moved by Councilmember McLaughlin, seconded by Councilmember Bouer and unanimously carried to modify Administrative Policy 2.1: Council Advisory Committees to add a Transportation Citizen Advisory Committee and modify membership to the Community Services Committee:
Moved by Councilmember Bouer, seconded by Councilmember McLaughlin and unanimously carried to appoint Virginia Templeton as Chair of the Transportation Committee for a term ending December 2004, and direct staff to solicit candidates for Transportation Committee membership.
Moved by Councilmember McLaughlin, seconded by Councilmember Bouer and unanimously carried to appoint Janet Brayley as Chair of the Community Services Committee for a term ending December 2004.
9.2 Advisory Committee Appointments
City Manager Keane advised Councilmember McLaughlin was nominating Marion Shigaki to the Human Relations Committee. Councilmember McLaughlin introduced Marion Shigaki.
Moved by Councilmember McLaughlin, seconded by Mayor Pro Tem Ross and unanimously carried to appoint Marion Shigaki to the Human Relations Committee.
9.3 Queuing/Voting Systems
City Clerk Condon advised staff had investigated queuing and voting systems for the council chamber and requested Council consider the options and give direction to staff. The queuing system is designed to assure councilmember comments are presented based on the order in which requests are made. The voting system would provide visual identification to the public of each council member’s individual decision. The cost of a queuing system was estimated at $3,000 and the cost of a voting system was estimated at $3,500. Installation for either system would be $2,500. The cost of a combined system is approximately $5,000. These items are not included in the current year budget; however, sufficient funding is available in the City Council Contingency. After discussion, Council consensus was not to take any action.
10.1 2004 Community Services Grants
Community Services Manager Foley advised a public notice inviting applications for grants was published and application packets were mailed to seven non-profit or not-for-profit organizations who requested information. Three applications were received by the August 29, 2003 deadline from the Braille Institute, Rebuilding Together and Saddleback Community Outreach. On September 5, 2003, the Golden Rain Foundation submitted an application for grant funding which was rejected along with several other late filers. The Committee also voted unanimously not to re-open or extend the deadline period for submitting community service grant applications.
The Community Services Committee concurred with the following recommendations from the Social Services and Transportation Subcommittees for grant funding totaling $120,000. The funding for approved programs or services will be for January 1, 2004 to December 31, 2004.
* The South County Senior Services (SCSS) – $75,000. ($30,000 – Florence Sylvester Memorial Senior Center, $22,500 – transportation services and $22,500 – adult day care services).
* Rebuilding Together – $10,000.
* The Braille Institute – $20,000.
* Saddleback Community Outreach – $10,000. The Community Services Committee recommended a $5,000 increase in funding for Saddleback Outreach program expansion. Staff believes that any program expansion should wait for the next application period.
The FY 03/04 budget includes $150,000 for Community Services grants, with up to $75,000 designated for programs and services provided by South County Senior Services and up to $75,000 available for other applicants. Approval of the staff recommendations will distribute $75,000 to South County Senior Services and $40,000 to other grant recipients over a twelve-month period in quarterly payments beginning January 1, 2004, leaving $35,000 unallocated.
Councilmember Bouer discussed reopening the bid process for organizations that filed to meet the deadline. City Manager Keane recommended approval of proposed recommendations and then further motions could be made.
Moved by Councilmember Bouer, seconded by Councilmember Ross and carried unanimously to approve recommendations A, C and D:
AND
AND
Recommendation B was not acted on due to lack of a motion.
Councilmember Hack discussed funding grants on a fiscal year rather than a calendar year. City Manager Keane advised past modifications to the grant policy had changed the funding from fiscal to calendar.
Moved by Councilmember Bouer, seconded by Councilmember Hack to reopen grant application bidding in January subject to availability of funds for calendar year. Discussion was held. Motion carried 4 to 1.
ROLL CALL
AYES: COUNCILEMMBER: Bouer, Hack, McLaughlin, Ring
NOES: COUNCILMEMBER: None
ABSENT: COUNCILMEMBER: None
ABSTAIN: COUNCILMEMBER: Ross
May Pro Tem Ross advised she abstained as she did not feel we should reopen bidding so those who missed the deadline could apply.
Councilmember McLaughlin advised she would like to change her vote. Mayor Ring called for the vote. The motion carried on a vote of 3 to 2.
ROLL CALL
AYES: COUNCILEMMBER: Bouer, Hack, Ring
NOES: COUNCILMEMBER: McLaughlin
ABSENT: COUNCILMEMBER: None
ABSTAIN: COUNCILMEMBER: Ross
Moved by Councilmember Hack, seconded by Councilmember Bouer to change from a calendar year to a fiscal year for Community Services grants
Councilmember Hack recommended the Community Services Grant program be funded during the city’s fiscal year rather than calendar year. He requested receipt of applications and Council approval of funding during the budget process. City Manager Keane advised this would be possible, but recommended the current grant funding proceed through December 2004 and for staff to provide a proposal during mid-year budget on changing the program to fiscal year funding. Councilmember Hack withdrew his motion.
10.2 Fees for Services
City Clerk Condon advised that staff regularly receives requests for copies of City documents and notary service. Staff recommended continuing the $.25 copying charge per copied page. Items that require copying by an outside reproduction firm, such as the General Plan, blue prints, microfilm, blueprints, will be charged the actual costs from the reproduction firm. Copies of Fair Political Practices commission filings are charged at $.10 per page. Copies of bid specifications and plans will be charged actual cost of reproduction and if requested, a charge for mailing.
Currently the City Manager and City Clerk provide free notary service when they are available. Staff is recommending that notary service be free for residents and but that non-residents be charged. The City Attorney has advised the City may charge non-residents fees as per Government Code Section 8211 and exempt Laguna Woods residents from those fees.
Moved by Councilmember McLaughlin, seconded by Councilmember Hack to approve Resolution 03-28 entitled:
A RESOLUTION OF THE CITY COUNCIL FO THE CITY OF LAGUNA WOODS, CALIFORNIA, RESCINDING RESOLUTION 01-38 AND ESTABLISHING FEES FOR COPIES, SALE OF PLANS AND NOTARY SERVICES
City Attorney Biggs advised the new fees would take effect in 60 days.
City Attorney Biggs reported everything was fine with the city.
XII. COMMITTEE REPORTS
12.1 El Toro Reuse Planning Authority (Councilmember Hack)
Councilmember Hack advised LAFCO approved annexation of El Toro to Irvine.
12.2 Orange County Corridor Authorities (Councilmember Hack)
Mayor Hack discussed that the merger between the San Joaquin and Foothill Eastern toll roads.
12.3 Vector Control District (Councilmember Bouer)
Councilmember Bouer advised Vector Control is recruiting for a new General Manager and discussed the loss of fire ant funding. He advised there will be an emergency meeting of Vector Control on Thursday. He advised the Community Civic Association was having a presentation on Thursday at Leisure World Clubhouse 5 at 1:30 on pests and Vector Control would have a presentation.
12.4 Library Board (Councilmember McLaughlin)
Councilmember McLaughlin advised the meeting was postponed awaiting the state budget.
12.5 Orange County Fire Authority (Mayor Pro Tem Ross)
Councilmember Ross reported she attended an awards ceremony and the OCFA drum and bagpipes played.
12.6 Laguna Canyon Foundation (Mayor Ring)
Mayor Ring reported the Foundation approved the interpretative program and received an update on the nature center.
12.7 Coastal Greenbelt Authority (Mayor Ring)
Mayor Ring reported they will be meeting Thursday at Irvine City Hall.
XII. PUBLIC COMMENTS
No requests to speak.
XIII. CITY COUNCIL COMMENTS AND ANNOUNCEMENTS
City Manager Keane discussed the effect of Governor Schwarzenegger’s actions on Vehicle License Fees.
Council recessed into Closed Session
XIV. CLOSED SESSION
There were no reportable actions on either item.
The meeting was adjourned at 4:30 p.m. An Adjourned Regular Meeting of the City Council will be held at 10:00 a.m. November 21, 2003 at the El Toro Water District Board Room, 24251 Los Alisos, Lake Forest, CA 92630
____________________________________________
SUSAN M. CONDON, City Clerk
Adopted: December 17, 2003
______________________________________________
ROBERT B. RING, Mayor
