CITY OF LAGUNA WOODS CALIFORNIA
CITY COUNCIL MINUTES
REGULAR MEETING
April 20, 2005
2:00 P.M.
Mayor Ross called the Regular Meeting of the City Council of the City of Laguna Woods to order at 2:00 p.m.
Councilmember Robbins led the flag salute.
III. ROLL CALL
COUNCILMEMBERS PRESENT: Hack, Ring, Robbins, Bouer, Ross
ABSENT: None
STAFF PRESENT: City Manager Keane; Deputy City Attorney McEwen; City Clerk Condon; Assistant City Manager Reilly; Community Development Director Barr
None
Moved by Councilmember Ring, seconded by Councilmember Hack, and carried unanimously to approve the City Proclamations 5.1 – 5.4.
5.1 Commendation – Estelle Kidman – 100th Birthday
5.2 Proclamation – National Volunteer Week – April 17-23, 2005
5.3 Proclamation – Clean Air Month – May 2005
5.4 Proclamation – Fair Housing Month – April 2005
Moved by Councilmember Robbins, seconded by Councilmember Ring, and carried unanimously to approve Consent Calendar items 6.1 through 6.4.
6.1 Approved City Council minutes from the regular meeting of March 16, 2005, and adjourned regular meeting of April 6, 2005.
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 March 2005 monthly Treasurer’s Report.
6.4 Approved the April 20, 2005 Warrant Register in the amount of $609,438.60
VII. PUBLIC HEARINGS
7.1 AT&T Wireless – Palm Terrace Antenna Site (CUP 213)
Community Development Director Barr presented a presentation on the conditional use permit application from AT&T Wireless for the installation of a cellular antenna facility to be located on the Palm Terrace Renaissance Senior Living Center at 24962 Calle Aragon. The proposed facility is intended to bridge gaps in the cellular coverage area and will improve cellular service for AT&T Wireless customers. Conditions have been incorporated into the project approval and will be enforced under the terms of the conditional use permit and by City Code.
The City’s Planning Advisory Committee reviewed and discussed the proposed project at their April 7, 2005 meeting. Staff answered questions relating to screening and enforcement of the conditions of approval. The Committee voted unanimously to support the proposed wireless facility application and recommended approval by the City Council.
The Public Hearing was opened.
There were no requests to speak.
The Public Hearing was closed.
Moved by Councilmember Hack, seconded by Councilmember Robbins, and carried unanimously to approve Resolution No. 05-08 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT CUP 213 FOR THE INSTALLATION OF A “MINOR” WIRELESS FACILITY ON THE ROOF OF THE PALM TERRACE RENAISSANCE SENIOR LIVING CENTER, LOCATED AT 24962 CALLE ARAGON.
VIII. CITY COUNCIL
None.
9.1 Solid Waste Hauler Franchise Award
Assistant City Manager Reilly introduced Mike Balliet, the city’s solid waste and recycling consultant, and representatives from Ware Disposal, Inc., who were in attendance and outlined the procedures the City followed in soliciting proposals for solid waste collection and hauling.
In May 2000, the City notified existing trash hauler franchise holders of its intention to issue a solid waste franchise on or about May 2005 (this deadline was extended to phase in services for different types of accounts). The City’s franchise will set minimum service standards and maximum rates. Individual businesses or homeowners associations must contract for service with the exclusive franchised hauler, but may structure their service levels to meet their individual needs.
Ware Disposal is the unanimous recommendation of the Interview Panel, Community Services Committee, Leisure World staff, City solid waste and recycling consultant, and City staff for the following reasons:
Including a 5% franchise fee to cover the ongoing cost of administering the franchise and the City’s recycling programs; the citywide savings would still be a significant 11.4% reduction over current waste hauler fees.
Staff answered questions from Councilmembers.
Mike Curtis, resident, questioned operating hours, number of pickups and the speeding on Avenida Sevilla by the trash haulers. Staff discussed the days and hours of operation, that clients would negotiate the number of pickups and indicated representatives from Ware Disposal were in the audience and heard the comments regarding speeding.
Moved by Mayor Pro Tem Bouer, seconded by Councilmember Hack, and carried unanimously to approve the following:
9.2 Leisure World Gate 14 Slope Failure
City Manager Keane advised staff would present an overview of the slope failure followed by a presentation from the Orange County Fire Authority.
Community Development Director Barr provided an overview of the slope failure and the repair progress to date. Leisure World and Home Depot’s geotechnical engineers are monitoring the status of the repairs and assessing the effectiveness of the design. Phase 2 and 3 are in plan check.
City Manager Keane briefly discussed:
* The Gate 14 secondary access – the City is working with the City of Aliso Viejo and the golf course owner. The City of Aliso Viejo has conditioned an easement on the development at the golf course property. However, the property owner who benefits from the easement – Leisure World – would pay for the construction.
* The slope repair safety factor – the city agrees a 1.5 safety factor is appropriate; the issue is not the safety factor, but who is going to pay. Home Depot committed to 1.25 in Phase 1, and they have been asked for an analysis of how well the design has reached the goal.
Division Chief Vadala provided an overview of the OCFA emergency response plan. He advised this is a not a long term plan, but an emergency plan.
Councilmember Hack questioned whether the plan dealt with egress or access. Division Chief Vadala advised the plan covered access and what the immediate resident needs would be. Egress would be a long term commitment and would require a permanent secondary access road.
Kay Margidson, resident, questioned if an access road near the El Toro Water tank would be his recommendation. Division Chief Vadala advised he had seen the preliminary work done and would not recommend this area for emergency access. The concern was the OCFA equipment weight and danger to the OCFA employees. He advised that to use the exit for egress would be problematic and to bus people out would not be something he would recommend.
Bob Mulvihill, attorney representing Leisure World, questioned that if there was a major slide in the slope area and the road was wiped out, what would the plan be to accommodate residents who live in the area? Division Chief Vadala advised the residents could be removed and quartered with the assistance of several groups such as the Red Cross. City Manager clarified that there is currently no plan for permanent or temporary secondary access that would allow residents to come and go from their homes.
Mike Curtis, resident, questioned why the county was not taking responsibility.
Community Development Director Barr advised that the condition for the secondary access was placed by the fire authority when the area was constructed. An easement was never recorded and when the golf course property was sold the access went away. However, there is still an obligation of the owner (Leisure World) for the secondary access. City Manager Keane advised the fire authority at the time was the county fire department, not the Orange County Fire Authority.
Kay Margidson, resident, questioned the use of the Red Cross, Salvation Army and churches in an emergency. Division Chief Vadala explained the services offered during an emergency.
Mayor Pro Tem Bouer briefly discussed the safety standard of 1.25 and 1.5. City Manager Keane advised the issue would be discussed in closed session.
Deputy City Attorney McEwen reported everything is fine.
Bob Mulvihill, GRF Attorney, requested permission to speak further on Gate 14 issue. He advised he did not know the council was moving on to the next item. Mayor Ross allowed him to speak.
Mr. Mulvihill stated GRF has had their geotechnical experts look at the issue and they have stated a 1.5 safety factor is required. He provided an explanation on the difference between 1.00, 1.5 and 1.25 safety factor. He discussed letters sent to Home Depot from the City regarding the safety factor required to obtain a building permit. GRF believes the City is obligated to make sure that Home Depot and the owner of the slope achieve a safety factor of 1.5.
XII. COMMITTEE REPORTS
12.1 El Toro Reuse Planning Authority (Councilmember Hack)
Councilmember Hack reported the Orange County Board of Supervisors voted to join ETRPA.
12.2 Orange County Corridor Authorities (Councilmember Hack)
Councilmember Hack reported offers had been turned down for the purchase of the toll road.
12.3 Vector Control District (Mayor Pro Tem Bouer)
Mayor Pro Tem Bouer provided the background and an update on AB 991 submitted by Assemblyman DeVore to modify the Vector Control District Board.
12.4 Library Board (Councilmember Robbins)
Councilmember Robbins advised there has been no meeting for quite a while.
12.5 Orange County Fire Authority (Mayor Ross)
Mayor Ross advised there was no meeting.
12.6 Laguna Canyon Foundation (Councilmember Ring)
Councilmember Ring advised the Foundation is sponsoring Celebrate Laguna Coast Wilderness Park and there will be tours available on May 7 from 8-4.
12.7 Coastal Greenbelt Authority (Councilmember Ring)
Councilmember Ring advised there was no meeting.
XII. PUBLIC COMMENTS
None.
XIII. CITY COUNCIL COMMENTS AND ANNOUNCEMENTS
Councilmember Ring discussed National Volunteer Week and thanked not only the City volunteers, but all volunteers.
City Council recessed into Closed Session at 3:30 p.m.
Council reconvened in open session at 4:58 p.m.
There was no reportable action on item A. Council provided direction to legal counsel on item B.
The meeting was adjourned at 5:00 p.m. to a regular meeting at 2:00 p.m. on May 18, 2005 at the Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637.
____________________________________________
SUSAN M. CONDON, City Clerk
Adopted: May 18, 2005
______________________________________________
BRENDA B. ROSS, Mayor
