CITY OF LAGUNA WOODS CALIFORNIA
CITY COUNCIL MINUTES
REGULAR MEETING
February 16, 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; City Attorney Biggs; 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 and 5.2.
5.1 Proclamation – Principal of the Day – March 22, 2005
5.2 Proclamation – “Stop in the Name of Love” (Red Light Running Prevention) – February 2005
Moved by Councilmember Ring, seconded by Councilmember Hack, and carried unanimously to approve Consent Calendar items 6.1 through 6.5.
6.1 Approved City Council Minutes from the regular meeting of January 19, 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 January 2005 monthly Treasurer’s Report and Second Quarter Fiscal Year 2004-05 Treasurer’s Report.
6.4 Approved the February 16, 2005 Warrant Register in the amount of $538,551.81.
6.5 Orange County 800 Megahertz Countywide Coordinated Communications System.
Approved and authorized the Mayor to execute a Joint Agreement for the Operation, Maintenance and Financial Management of the Orange County 800 Megahertz Countywide Communications System, subject to approval by the City Attorney as to form.
City Manager Keane recommended that City Council item 8.1 be moved ahead of the Public Hearings as Assemblyman Spitzer was in attendance to speak to the item. Council concurred.
8.1 Victims Rights (requested by Assemblyman Spitzer)
Councilmember Spitzer thanked Council for their consideration. He advised pamphlets were being provided to Council and asked for their support for the victims’ Bill of Rights. He introduced Deborah Courtney, who told her story about being a victim and her difficulty with the system. She stated she would like every council in Orange County to adopt the concept of the Bill of Rights. Councilmember Hack expressed his concerns, but stated he would support the Bill in concept.
Assemblyman Spitzer advised his coalition was working to clarify wording in the document.
Moved by Mayor Pro Tem Bouer, seconded by Councilmember Robbins and unanimously carried to adopt Resolution No. 05-04 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, IN SUPPORT OF THE ORANGE COUNTY VICTIM’S BILL OF RIGHTS
Assemblyman Spitzer thanked the Council for their support.
VII. PUBLIC HEARINGS
7.1 Izumi Sushi-Conditional Use Permit for the Sale of Alcoholic Beverages (CUP 206)
Community Development Director Barr advised the sale of alcoholic beverages is regulated by the State Department of Alcoholic Beverage Control (ABC) and any business must first obtain a license from ABC. However, prior to the issuance of an alcohol sales permit, ABC requires that the local land use authority provide authorization.
In the City of Laguna Woods, the sale of alcoholic beverages requires a conditional use permit. Izumi Sushi is located within the Home Depot Shopping Center and the zoning on the property is Community Commercial.
The Orange County Sheriff’s Department (OCSD) provides the City’s police services. The Chief of Police Services was contacted to comment on the proposed application and expressed no concerns associated with approval of this application.
The Izumi Sushi’s application seeks approval of a “Type 41 On Sale Beer and Wine” license. Special conditions related to alcohol sales are recommended in addition to the standard project conditions.
The Public Hearing was opened.
There were no requests to speak.
City Clerk Condon advised there were no written comments received.
The Public Hearing was closed.
Moved by Mayor Pro Tem Bouer, seconded by Councilmember Robbins, and carried unanimously to approve Resolution No. 05-05 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT CUP-206 FOR THE SALE OF BEER AND WINE (TYPE 41 LICENSE FOR ON SALE BEER AND WINE) AT THE EXISTING IZUMI SUSHI RESTAURANT LOCATED AT 24338 EL TORO ROAD, UNIT B.
7.2 Residential Development Park In Lieu Fees
Community Development Director Barr provided a brief background on Ordinance No. 05-01, which was adopted by Council at the January 19, 2005 City Council meeting. The ordinance requires that all new residential projects are required to dedicate land or pay in lieu fee to offset their proportional impact on park and recreation facilities.
Community Development Director Barr advised staff is seeking to establish a land value for use in calculating park fees that is representative of the actual cost of purchasing land in the City of Laguna Woods. The former Leisure World Administration Building sold for slightly over one million dollars per acre at the end of 2004. Therefore, staff’s recommendation is that the representative land value for determining park fees in lieu of dedication be set at $1,000,000 dollars per acre. Due to the general lack of significant land sales, it is recommended that staff continue to monitor land sales, and as additional land value information becomes available, the City can look to revise its representative land value as needed.
Community Development Director Barr discussed alternative ways to comply with the intent of the park dedication requirements such as allowing a developer to dedicate land, pay a fee, a combination of dedication and fee, improve existing park sites or in some cases receive partial credit for private facilities that lessen the impact on existing City resources. He provided an overview of the attachments to the resolution: Attachment A – Cost Basis for Establishing Land Value, Attachment B – Improvement Values Charts, Attachment C – Park Improvement Plan.
The Public Hearing was opened
Cris Trapp, PCM, requested a copy of the conceptual park plan and was advised it was included in the agenda package.
City Clerk Condon advised there were no written comments received.
The Public Hearing was closed.
Moved by Councilmember Robbins, seconded by Councilmember Ring, and carried unanimously to approve Resolution No. 05-06 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ESTABLISHING THE REPRESENTATIVE LAND VALUE FOR THE PURPOSE OF PAYING PARK LAND DEDICATION IN LIEU FEES FOR NEW RESIDENTIAL DEVELOPMENTS AND THE EXISTING PARK RESOURCES THAT ARE ELIGIBLE TO UTILIZE COLLECTED FEES.
VIII. CITY COUNCIL
8.2. Future Meeting Schedule
City Manager Keane briefly discussed the 2005 Council meeting schedule. There are three workshops/meetings tentatively scheduled for the budget. Discussion was held on having a meeting in August and go dark another month but not change was recommended.
Moved by Councilmember Ring, seconded by Councilmember Robbins, and carried unanimously to approve the 2005 Council Meeting Schedule as presented.
8.3 Citizen Advisory Committee Appointments
City Manager Keane advised there were two additional nominees for the Human Relations Committee in addition to Pat Nelson (Hack) – Bessie Sandoval (Ross) and Sam Kirbens (Bouer).
Moved by Councilmember Robbins, seconded by Mayor Pro Tem Bouer, and carried unanimously to approve the proposed committee nominations.
Councilmember Ring reported he still had three vacancies, one each on the Community Services Committee, Transportation Advisory Committee, and Water Quality Committee and encouraged residents to contact City Hall for information.
8.4 City Council Elections – Cost for Candidate Ballot Statements
City Manager Keane provided a brief background on the current $100 charge for including a Candidate Statements in the ballot package. She advised that of the 33 Orange County cities surveyed, 23 cities responded the candidate pays the total cost to have a candidate statement printed in the ballot package.
Discussion was held on charging candidates half the cost to print candidate statements; however, City Manager Keane advised that figure would change for each election. Further discussion was held on charging $300.
Moved by Councilmember Hack, seconded by Councilmember Ring, and carried unanimously to approve Resolution No. 05-07 with a $300 charge for candidate statements entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, RESCINDING RESOLUTION NO 04-10 AND ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS
9.1 El Toro Road West Sidewalk Accessibility
Assistant City Manager Reilly advised that during the development of the Fiscal Year (FY) 04/05 budget, City Council directed staff to investigate options to address concerns raised about the accessibility of the sidewalk on the north side of El Toro Road between Calle Sonora and Calle Corta. Assistant City Manager Reilly provided a power point presentation of the areas under review.
Councilmembers discussed the sidewalk and curbside planters that were installed over a year ago and the amount of usage on the north side of the street between Calle Sonora and Calle Corta. Mayor Pro Tem Bouer expressed his concern that the Council was choosing appearance over accessibility to the potential detriment of walkers. He felt the planters were attractive, but unfortunately stretch out so that people have to walk in and around and felt it was not the best choice.
Bob Miller, Chair of the Transportation Advisory Committee, advised that the Transportation Advisory Committee recommended removal of trees and shrubs from planters along the wall and installation of additional concrete to provide for a straight sidewalk behind the curbside planters. He advised that as a resident, however, he did not feel any changes should be made.
Moved by Councilmember Ring, seconded by Councilmembers Hack, and carried unanimously to go with staff’s recommendation to stay with the current landscape plan.
Further discussion was held and staff answered questions relating to adding sidewalk behind traffic signal and streetlight poles on the northeast and northwest corners of El Toro Road and Calle Sonora.
Moved by Councilmember Ring and seconded by Mayor Pro Tem Bouer to approve recommendation number one at a total cost of $3,000. Discussion was held regarding the cost of the purchasing the right of way. Moved by Councilmember Hack to amend the motion to a total cost of $5,000. Councilmember Ring and Mayor Pro Tem Bouer concurred with the amendment. The amended motion to direct staff to contact the property owners adjacent to the northwest and northeast corners of El Toro Road at Calle Sonora ? Geneva Presbyterian Church and the Towne Center Association ? to obtain right-of way sufficient to widen sidewalk landings to four feet to be clear of obstructions, at total cost not to exceed $5,000 was approved unanimously.
9.2 City Council Chamber Use Policy
City Manager Keane advised that occasionally the City receives requests to use the City Council Chambers for a meeting or special event. The current policy allows use of this facility for a not-for profit organization during normal business hours and evening and weekends when a councilmember or staff member agrees to attend the meeting to assure that the facility is secure and locked after the meeting.
Discussion was held regarding the proposed policy and insurance requirements. City Manager Keane advised we could require indemnification and insurance coverage when appropriate.
Moved by Mayor Pro Tem Bouer, seconded by Councilmember Robbins, and carried 4-0-1 to adopt the staff recommended policy regulating the use of the City Council Chambers.
ROLL CALL
AYES: COUNCILMEMBERS: Ring, Robbins, Bouer, Ross
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS Hack
Councilmember Hack advised that he abstained as he had some concerns over insurance issues and who could use the facility.
City Attorney Biggs reported everything is fine.
XII. COMMITTEE REPORTS
12.1 El Toro Reuse Planning Authority (Councilmember Hack)
Councilmember Hack provided a brief update on his recent trip to Washington DC and advised he would be speaking on February 24th at Clubhouse Five at the request of the Community Civic Association.
12.2 Orange County Corridor Authorities (Councilmember Hack)
Councilmember Hack provided an update.
12.3 Vector Control District (Mayor Pro Tem Bouer)
Mayor Pro Tem Bouer advised there are more mosquitoes due to the recent heavy rainfall.
12.4 Library Board (Councilmember Robbins)
Councilmember Robbins advised there was no meeting.
12.5 Orange County Fire Authority (Mayor Ross)
Mayor Ross reported the OCFA’s Regional Fire Operations and Training will be celebrating their 10-year anniversary on March 12.
12.6 Laguna Canyon Foundation (Councilmember Ring)
Councilmember Ring provided a brief update on current projects.
12.7 Coastal Greenbelt Authority (Councilmember Ring)
Councilmember Ring advised there hadn’t been a meeting for some time.
XII. PUBLIC COMMENTS
None.
XIII. CITY COUNCIL COMMENTS AND ANNOUNCEMENTS
None.
None.
The meeting was adjourned at 3:40 p.m. to a Workshop at 2:00 p.m. on March 4, 2005 at the UCLA Conference Center, 850 Willow Creek Road, Lake Arrowhead, CA 92352 and the next Regular Meeting will be at 2:00 p.m. on March 16, 2005 at the Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637.
____________________________________________
SUSAN M. CONDON, City Clerk
Adopted: March 16, 2005
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BRENDA B. ROSS, Mayor
