CITY OF LAGUNA WOODS CALIFORNIA
CITY COUNCIL MINUTES
REGULAR MEETING
August 17, 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 Hack led the flag salute.
III. ROLL CALL
COUNCILMEMBERS PRESENT: Hack, Ring, Robbins, Bouer, Ross
ABSENT: None
STAFF PRESENT: City Manager Keane; Assistant City Attorney McEwen; City Clerk Condon; Assistant City Manager Reilly; Community Development Director Barr
None
Moved by Councilmember Ring, seconded by Councilmember Robbins and carried unanimously to approve Proclamations 5.1 – 5.5.
5.1 Commendation – Esther Hay -102nd Birthday
5.2 Commendation – Betty Flower – 104th Birthday
5.3 Commendation – Temple Judea of Laguna Woods – 40th Anniversary
5.4 Proclamation – National Alcohol & Drug Addition Recovery month – September 2005
5.5 Proclamation – Inner-Coastal Watershed Cleanup Day – September 17, 2005 (agendized by the Water Quality Committee)
Moved by Councilmember Robbins, seconded by Councilmember Ring and carried unanimously to approve Consent Calendar items 6.1 through 6.7.
6.1 Approved the City Council minutes from the special and regular meetings of July 20, 2005.
6.2 Approved the reading by title of all ordinances and resolutions. Said ordinances and resolutions that appeared on the public agenda were determined to have been read by title only and further reading waived.
6.3 Treasurer’s Report
Received and Filed the July 2005 monthly and Fourth Quarter, Fiscal Year 2004-05 quarterly Treasurer’s Reports.
6.4 Warrant Register
Approved the August 17, 2005 Warrant Register in the amount of $440,629.25.
6.5 Traffic Officer Motorcycle Replacement
Appropriated $25,000 in Supplemental Law Enforcement Funds (SLEF) for the purchase of a replacement police motorcycle for use by the Orange County Sheriff’s deputy shared with the City of Aliso Viejo.
6.6 El Toro Road Community Landscape Screening Project Supplemental
Approved an agreement with Belaire-West Landscape, Inc. for $29,150, plus authorized change orders not to exceed 15% of the base amount; 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.
6.7 Disadvantaged Business Enterprise (DBE) Program
Approved Resolution No. 05-18 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, APPROVING THE FINAL DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM AND ESTABLISHING AN ANNUAL GOAL OF 10% FOR FEDERAL FISCAL YEAR 2005/2006, FOR ADOPTION AND SUBMISSION TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS)
VII. PUBLIC HEARINGS
7.1 Community Development Block Grant (CDBG): Prioritization of Proposed FY 2006-07 Projects
City Manager Keane advised that, in accordance with the Federal Community Development Block Grant (CDBG), the City of Laguna Woods is eligible to participate in the state or countywide CDBG program. The City recently approved a three year agreement committing it to the county program. To submit a list of projects for consideration, the City Council must conduct a public hearing and rank and list eligible projects. Staff presented project proposals and requested prioritization of the four projects and any proposals presented at the public hearing, which would then be submitted for funding consideration under the Federal Community Development Block Grant (CDBG) Program.
The Public Hearing was opened.
There were no requests to speak.
The Public Hearing was closed.
Moved by Councilmember Hack, seconded by Councilmember Ring and carried unanimously to approve the prioritization of the projects:
7.2 Acquisition of Property for El Toro Road/Paseo de Valencia Intersection Improvements
City Manager Keane advised that negotiations on this matter are in process and recommended the public hearing be continued until September 14, 2005.
Moved by Councilmember Robbins, seconded by Mayor Pro Tem Bouer and carried unanimously to continue the public hearing to September 14, 2005.
7.3 Clubhouse 7-Conditional Use Permit for the Sale of Alcoholic Beverages (CP-247)
Community Development Director Barr advised that the Golden Rain Foundation was seeking a Type 51 “Club” license, which would authorize the sale of beer, wine and distilled spirits to organization members and guests. Under the Type 51 license food service is not required and consumption is limited to the subject premises. The Clubhouse 7 facility is only available for rent and use by Leisure World residents and their guests from 10 am to 10 pm and bar service is provided by request only. The applicant also holds four other Type 51 “Club” licenses for Clubhouses 1, 3, 5 and 6 facilities spread throughout the community. A review of all licenses maintained by the applicant indicates that there is no history of violations or disciplinary action.
The Chief of Police Services was contacted to comment on the proposed application. Because of the nature of the application and lack of alcohol related problems in the area, the Chief expressed no concerns associated with approval of this application.
Community Development Director Barr advised that there were special conditions related to alcohol sales which were recommended in addition to the standard project conditions. He advised one letter was received and entered into the record.
The Public Hearing was opened.
There were no requests to speak.
The Public Hearing was closed.
Moved by Councilmember Ring, seconded by Councilmember Hack, and carried unanimously to adopt Resolution No. 05-19 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT CUP-247 FOR THE SALE OF ALCOHOL (TYPE 51 LICENSE) AT THE CLUBHOUSE 7 RECREATIONAL FACILITY LOCATED AT 24111 MOULTON PARKWAY.
VIII. CITY COUNCIL
Councilmember Ring requested the addition of an urgency item to the agenda. His motion to add a discussion of the proposed Leisure World community name change was seconded by Councilmember Hack and carried unanimously.
Councilmember Ring expressed concern regarding the names the Leisure World community would be voting on because several of the proposed names include the name Laguna Woods. He questioned if the City had any legal concerns if the new name for the Leisure World community included Laguna Woods.
City Manager Keane stated that many residents are confused and think the City of Laguna Woods and Leisure World are the same.
Assistant City Attorney McEwen advised there is no legal authority to bar the community from including Laguna Woods in its new name and did not feel there would be any greater liability to the City.
Councilmember Hack stated he felt it was a Leisure World issue and was complimented that several of the proposed names contained Laguna Woods as part of their name.
No action was taken on this matter.
8.1 League of California Cities: Appointment of Voting Delegates
City Manager Keane advised that each year the City must authorize two of its members to vote on their behalf at the League of California Cities meeting.
Moved by Mayor Pro Tem Bouer, seconded by Councilmember Robbins and carried unanimously to appoint Mayor Ross as primary voting delegate and Councilmember Hack as alternate voting delegate for the purpose of voting on business at the annual League of California Cities meeting.
8.2 Unfunded Pension Liability (Agendized by Councilmember Robbins)
City Manager Keane advised that Councilman Robbins has suggested the City pay off its unfunded pension liability of $34,000 to the California Public Employees Retirement System Small Employer Risk Pool.
Councilmember Robbins stated that he felt the City should pay off the $34,000 unfunded pension liability as the amount must be paid off during the next eleven years and has an annual interest rate of 7 ¾% on the outstanding balance.
Councilmember Hack stated that he did not agree that paying off the unfunded pension liability from the unbudgeted General Fund Balance was a wise idea at this time.
Moved by Councilmember Robbins, seconded by Mayor Pro Tem Bouer and carried on a vote of 3 to 2
Roll Call
Ayes: Councilmembers: Ring, Robbins, Bouer
Noes: Councilmembers: Hack, Ross
Absent: Councilmembers: None
8.3 El Toro Road Pedestrian Improvements (Agendizied by Mayor Pro Tem Bouer)
Mayor Pro Tem Bouer advised that he has been concerned about navigation on public sidewalks since the installation of the sidewalk and foliage planted in tree wells on El Toro Road leading to Leisure World Gate 9.
He noted that he had noticed the fourteen foot sidewalk on El Toro Road was to have tree wells and he was concerned about the ease of navigation. However, he advised that since he viewed the display in the Council Chamber which showed the actual fourteen foot width and the tree well grate he withdrew his objection.
9.1 Laguna Woods Police Services
City Manager Keane stated that an article was expected to be printed in the Orange County Register regarding the response times of police agencies, the percentage of crimes cleared and the ratio of officers. As it was not expected that the results for Laguna Woods would be favorable, Lieutenant Hogbin from the Orange County Sheriff’s Office, who is the City’s Police Services Chief was asked to discuss the issue.
Lieutenant Hogbin advised the Orange County Sheriff Department (OCSD) response times are calculated from the time the call is received until the time the officer arrives on scene. Other agencies calculate their response times from the time the call is dispatched until the officer arrives on scene. The Laguna Woods response time from April 2005 to September 2004 was 8 minutes 21 seconds. One reason for the high response time in Laguna Woods was that prior to July 2004, natural deaths were considered priority 1 calls, but were not responded to with sirens. Natural deaths have been downgraded to priority 2 calls and response times have decreased dramatically in the current fiscal year.
The ratio of officers for cities serviced by OCSD are low compared to other agencies; however, deputies and staff personnel are shared among cities and they did not count them.
The clearance rates for part 1 crimes, which are homicides, rapes, burglary, larcenies, robberies and vehicle thefts, are down for Laguna Woods from where they should be. The majority of those crimes are robberies with a large majority unsolved. However, it is felt that many of the robberies are misplaced items, and residents do not call to report the item found. Lieutenant Hogbin advised he would be working to have those cases cleared with callbacks to residents in the future.
Councilmember Hack suggested that the City pursue an active crime prevention program.
9.2 Leisure World Streetlights
Assistant City Manager Reilly reported that $90,500 was included in the FY 04/05 budget to assume ownership of five streetlights owned by the Golden Rain Foundation adjacent to Clubhouse and 37 streetlights owned by Third Laguna Hills Mutual. Council also included $50,000 in FY 04/05 budget as part of a multi-year project to rewire connection to streetlights in Leisure World owned by the City along with an additional $100,000 included for the project in the current year budget.
Assistant City Manager Reilly explained that project costs have increased due to labor costs, fiberglass poles, trenching and rewiring and it is estimated that replacing and remetering the streetlights in GRF and Third could cost up to $135,000, which is an increase of $44,500. Approximately $10,000 is related to rewiring and can be paid from the $150,000 budgeted for streetlight rewiring and the remainder of $34,500 could be paid from the City Council Contingency reserve.
Moved by Councilmember Ring, seconded by Councilmember Robbins and carried unanimously to appropriate $34,500 from the City Council Contingency reserve to defray increased costs related to the assumption of ownership and improvements to 42 Leisure World streetlights.
9.3 Leisure World Private Street Dedications
City Manager Keane provided background on the City’s previous offers to accept dedication of portions of three private streets located outside the Leisure World gated community, Calle Sonora, Campo Verde and Calle Aragon, which had been formally declined by Leisure World on several occasions. In November 2003 GRF requested the City accept ownership and maintenance responsibility and money was included in FY 04-05 budget for the streets. The Council did not agree to accept the portion of Calle Sonora, south of Moulton Parkway until the roadway and the adjacent failed slope were repaired. Upon completion of the engineering work, the City requested that GRF confirm the area to be dedicated. The City was recently informed that GRF had decided not to dedicate any right-of-way easement over Campo Verde. It was felt that the acceptance of half of Calle Sonora and a small portion of Calle Aragon would be confusing.
Moved by Councilmember Hack, seconded by Councilmember Robbins and carried unanimously to not pursue dedication of public right-of-way on any private Leisure World streets at this time and remove this item from the current year work plan.
Assistant City Attorney McEwen advised that everything is fine.
11.1 El Toro Reuse Planning Authority (Councilmember Hack)
Councilmember Hack provided an update and advised it should be over after the first of the year.
11.2 San Joaquin Corridor Authority (Councilmember Hack)
Councilmember Hack advised that they were working on the toll road financing.
11.3 Vector Control District (Mayor Pro Tem Bouer)
Mayor Pro Tem Bouer provided an update on West Nile virus in Orange County.
11.4 Library Board (Councilmember Robbins)
Councilmember Robbins advised that there had not yet been a meeting.
11.5 Orange County Fire Authority (Mayor Ross)
Mayor Ross discussed the recent fire in Leisure World that displaced several people.
11.6 Laguna Canyon Foundation (Councilmember Ring)
Councilmember Ring advised that they were dark this month
11.7 Coastal Greenbelt Authority (Councilmember Ring)
Councilmember Ring advised that a meeting was scheduled for Thursday, August 18, 2005 at Laguna Woods City Hall.
XII. PUBLIC COMMENTS
Marty Rhodes advised he had information on a seminar regarding resource conservation and local government. City Manager Keane advised that the City had received the information.
XIII. CITY COUNCIL COMMENTS AND ANNOUNCEMENTS
Councilmember Hack announced the Leisure World Acquadettes would have their show this week.
Mayor Ross noted that she had attended a meeting to discuss providing information to the public on what has been accomplished with Measure M funds over the past 10 years.
XIV. CLOSED SESSION
14.1 The City Council met in closed session to confer with legal counsel regarding one matter of potential litigation, pursuant to the provisions of Government Code Section 54956.9.
There was no reportable action.
The meeting was adjourned at 4:10 p.m. to a regular meeting at 2:00 p.m. on September 14, 2005 at the Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637.
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SUSAN M. CONDON, City Clerk
Adopted: September 14, 2005
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BRENDA B. ROSS, Mayor
