CITY OF LAGUNA WOODS CALIFORNIA
CITY COUNCIL MINUTES
REGULAR MEETING
January 18, 2006
2:00 P.M.
Mayor Bouer called the Regular Meeting of the City Council of the City of Laguna Woods to order at 2:00 p.m.
Councilmember Ring led the flag salute.
III. ROLL CALL
COUNCILMEMBERS PRESENT: Hack, Ring, Ross, Robbins, Bouer
ABSENT: None
STAFF PRESENT: City Manager Keane; Assistant City Attorney McEwean; City Clerk Condon; Community Development Director Barr
None
Moved by Councilmember Ring, seconded by Councilmember Hack, and carried unanimously to approve the City Proclamations 5.1 -and 5.3.
5.1 Commendation – Bernard Theodore – 100th Birthday
5.2 Commendation – Irene Cohen
5.3 Proclamation – Go Red for Women Day – February 3, 2006
Moved by Councilmember Ring, seconded by Mayor Pro Tem Robbins, and carried unanimously to approve Consent Calendar items 6.1 through 6.5.
6.1 Approved City Council Minutes from the regular meeting of December 21, 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 December 2005 monthly Treasurer’s Report.
6.4 Approved the January 18, 2006 Warrant Register in the amount of $437,401.72.
6.5 Appointed Stephen A. McEwen, of Burke Williams & Sorenson, as City Attorney for the City of Laguna Woods and Julie Hayward Biggs, of Burke Williams & Sorensen, as Assistant City Attorney.
VII. PUBLIC HEARINGS
None
VIII. CITY COUNCIL
8.1 Citizen Advisory Committee Appointments
City Clerk Condon reported that Councilmembers Ross and Ring had nominated three people for committee vacancies. The appointment of the three nominees would fill all the vacant positions on the advisory committees.
Moved by Councilmember Ring, seconded by Councilmember Hack, and carried unanimously to appoint William St. John (Ross) and Alfred Preli (Ross) to the Transportation Advisory Committee and Charles McLaughlin (Ring) to the Planning Advisory Committee.
City Manager Keane requested Council allow the City Attorney’s Report be moved prior to the City Manager’s Report. City Attorney McEwen had a pressing appoint and needed to leave the meeting early. Council consented to the move.
City Attorney McEwen thanked Council for appointing him as City Attorney. He stated he had to leave early as his wife was having minor knee surgery shortly and introduced Brian Pierik from Burke Williams Sorenson Los Angeles office who would attend the remainder of the meeting. Council wished his wife well during her surgery.
City Attorney McEwen left the meeting.
9.1 Mayer Corporation Affordable Housing Agreements
Community Development Director Barr reported that on October 19, 2005, the City Council approved the Mayer Corporations’ application to develop 134 senior condominiums. The approval included an Affordable Housing Plan and a density bonus. In exchange for the density bonus, the applicant was conditioned to construct 15 lower income units that will help meet the City’s Regional Housing Needs Assessment for affordable housing.
The Density Bonus Housing Agreement with the City sets forth the terms and conditions by which the property owner will implement the Affordable Housing Plan. The Density Bonus Housing Agreement formalizes the granting of the density bonus, the description of the units that will be offered for sale and the specific terms of the Agreement. The Density Bonus Housing Agreement only applies to the initial sale of the units; once units are sold to individual residents the Affordable Housing Covenant will become the governing document. The Covenant will be a legally enforceable agreement between the City and the purchaser of a specific affordable unit.
Councilmember Ring congratulated staff on the report and briefly discussed an OC Register article on affordable housing.
George Portlock, GRF President, asked questions regarding the timeline of the demolition, what type of equipment is being used, dust control, resident notification, and hours of operation. Community Development Director Barr advised the application for demolition was received, the asbestos remediation was completed and the demolition permit was expected to be issued by the end of the week. He advised he was not familiar with the type of equipment used. The hours of operation would be 7 am – 7 pm, Monday through Saturday, no work on Sundays or Federal Holidays. The applicant has spoken to the press to notify residents of timeframes. City Manager Keane reported she would provide the Golden Rain Foundation with a letter with the information requested.
Moved by Mayor Pro Tem Robbins, seconded by Councilmember Ring and carried unanimously to approve the following:
9.2 Battery Disposal Regulations
City Manager Keane reported that effective February 2006 individuals will no longer be able to dispose of household and rechargeable batteries with their regular trash. On July 1, 2006, a new state law (AB 1125) will require businesses that sell rechargeable batteries to provide an onsite disposal site. The state law does not include household batteries and exempts grocery stores and businesses that have less than one million dollars annually in gross sales.
The proposed City ordinance would require all retail businesses, including grocery stores, which sell batteries in the City, to maintain on-site convenient, safe, and environmentally friendly Battery Recycling systems. The ordinance would not require a business to accept a type of batter not sold by that business and it also exempts businesses that do less than one millions dollars annually in gross sales.
City Manager Keane advised that a letter, agenda report and copy of the proposed ordinance was mailed to all retail businesses in the City. No comments have been received to date.
Council asked if the City has the legal ability to adopt an ordinance that is more restrictive than state regulations. City Manger Keane advised that both legal counsel and the staff members who drafted AB 1125 feel that the state set a minimum and cities cand adopt more stringent regulations.
Attorney Pierik agreed that that the City is not preempted from establishing more restrictive regulations.
Moved by Mayor Pro Tem Robbins, seconded by Councilmember Ross and carried unanimously to approve first reading of an ordinance establishing household battery disposal regulations, entitled:
AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA ESTABLISHING RECYCLING REQUIREMENTS FOR RETAIL BUSINESSES THAT SELL BATTERIES WITHIN THE CITY.
9.3 Mid Year Budget Review
City Manager Keane reported that it is anticipated that General Fund revenues will be $1,066,870 over initial projections.
Several projects, which were budgeted in a prior year and were not completed at the close of the fiscal year, need to be carried forward and the balance of the prior year’s allocation for these projects totals $84,915. Staff is also suggesting several adjustments to the approved work plan: El Toro memorial brick program, red light camera equipment lease, trash collection franchise monitoring/consultant and transfer to Self-Insurance Fund for City hall property insurance. If approved, the General Fund Expenditure Budget would increase by $337,715 over the budget adopted in June 2005.
Transportation Fund Revenues have been approximately 8% less than projected, which will be partially offset by the unbudgeted reinstatement of Proposition 42 funding. Also, a portion of federal grants awarded to the City for Moulton Parkway widening project have been withdrawn due to delays with the project. Revenues for the Transportation Fund Revenue are anticipated to be $170,831 less than initially projected. Transportation Fund expenditures will be reduced to reflect the loss of federal grant for the Moulton Parkway Widening project.
Councilmembers suggested no additional modifications to the budget and expressed general concurrence with those proposed by staff. City Manager Keane advised that the revised budget resolution would be on the February Consent Calendar.
XII. COMMITTEE REPORTS
11.1 El Toro Reuse Planning Authority (Councilmember Hack)
Councilmember Hack reported ETRPA will be winding down in February, but would retain a presence to monitor airport issues.
11.2 San Joaquin Corridor Authority (Councilmember Hack)
Councilmember Hack reported there are loan agreements in place to stabilize the San Joaquin Corridor Authority through 2010. Consolidation of agencies will be discussed in discussed later.
11.3 Vector Control District (Mayor Bouer)
Mayor Bouer advised the next meeting would be Thursday and would be preceded with a review of the laboratories and facilities.
11.4 Library Board (Mayor Pro Tem Robbins)
Councilmember Robbins advised there would be a meeting Thursday at the Tustin Library.
11.5 Orange County Fire Authority (Councilmember Ross)
Mayor Ross reported there would be a meeting the following week.
11.6 Laguna Canyon Foundation (Councilmember Ring)
Councilmember Ring provided an update on the building of the Nix Nature Center and advised a progress report was made to the Audubon Society.
11.7 Coastal Greenbelt Authority (Councilmember Ring)
Councilmember Ring reported a meeting was scheduled for Thursday.
11.8 Measure M Supercommittee
Councilmember Ross provided an update on the Measure M meeting that morning and handed out a Renewed Measure M Draft Transportation Investment Plan
XII. PUBLIC COMMENTS
None
XIII. CITY COUNCIL COMMENTS AND ANNOUNCEMENTS
Councilmember Ring announced he and Councilmember Hack would be taking their wives on trips to celebrate their 50th wedding anniversaries.
Councilmember Ross congratulated them and announced she would be celebrating her 60th anniversary this year.
Mayor Pro Tem Robbins also congratulated them and stated he was celebrating 62 years of marriage and wished them both wonderful trips.
XIV. CLOSED SESSION
None
The meeting was adjourned at 2:50 p.m. The next Regular Meeting of the City Council will be held at 2:00 p.m. on February 15, 2006 at LagunaWoodsCity Hall, 24264 El Toro Road, Laguna Woods, CA
____________________________________________
SUSAN M. CONDON, City Clerk
Adopted: February 15, 2006
______________________________________________
ROBERT BOUER, Mayor
Meeting Minutes
