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Minutes – November 8, 2006

Minutes – November 8, 2006

 

CITY OF LAGUNA WOODS, CALIFORNIA

CITY COUNCIL MINUTES

REGULAR MEETING

November 8, 2006

2:00 P.M.

 

 

  1. CALL TO ORDER

 

Mayor Bouer called the Regular Meeting of the City Council of the City of Laguna Woods to order at 2:00 p.m.

 

  1. FLAG SALUTE

 

Mayor Pro Tem Robbins led the flag salute.

 

III. ROLL CALL

 

COUNCILMEMBERS:   PRESENT:    Hack, Ring, Ross, Robbins, Bouer

ABSENT:     None

 

STAFF PRESENT:    City Manager Keane; City Attorney McEwen; City Clerk Condon; Community Development Director Barr

 

  1. PRESENTATIONS

 

4.1 Pat Krone, Commissioner – Orange County Human Relation Commission – Annual Report

 

Pat Krone presented the Orange County Human Relations Commission annual report, reported on services provided to residents, and presented a certificate to Council.

 

  1. CITY PROCLAMATIONS

 

Moved by Mayor Pro Tem Robbins, seconded by Councilmember Ross, and carried unanimously to approve City Proclamations 5.1 and 5.2.

 

5.1 Proclamation – Pearl Harbor Day – December 7, 2006

 

5.2 Proclamation – Human Rights Day – December 10, 2006

 

  1. CONSENT CALENDAR

 

Staff requested that item 6.5 be removed from the agenda to allow a resident to speak to the issue.

 

Moved by Councilmember Hack, seconded by Councilmember Ross, and carried unanimously to approve Consent Calendar items 6.1 – 6.8, excluding 6.5.

 

6.1   Approved City Council minutes from the regular meeting of October 18, 2006.

 

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   Received and filed October 2006 monthly Treasurer’s Report.

 

6.4 Approved the November 8, 2006 Warrant Register in the amount of $359,889.21.

 

6.6   Annual Audit Firm Contract Award

 

Awarded a contract to Mayer, Hoffman, McCann, P.C. for performance of annual audit for Fiscal Years 2005-06 to 2010-11, and authorized the City Manager to execute a contract subject to approval of the contract as to form by the City Attorney.

 

6.7   Flat File Donation

 

Accepted the donation of a flat file, valued at $250, from Jim Otterson.

 

6.8 Notice of Completion – El Toro Road Community Landscape Screening Project Supplemental

 

  1. Accepted project completion of a contract with Belaire-West Landscape, Inc. for the El Toro Road Community Landscape Screening Project Supplemental.
  2. Released contract retention in the amount of $2,800 withheld per government code 35 days following recordation of Notice of Completion with the County of Orange
  3. Exonerated project posted bonds 35 days following recordation of Notice of Completion with the County of Orange.

 

6.5 Laguna Woods Smoking Regulations

 

Mary Wall, resident, expressed her concern regarding smoking on balconies and private patios.

 

Phillip Brady, resident, expressed his concern regarding secondhand smoke.

 

Councilmember Hack and Mayor Bouer discussed secondhand smoke and the rights of property owners and smoking on public sidewalks and streets.

 

City Manager Keane advised that staff was reviewing changes in state law and would be drafting a littering ordinance after the first of the year.

 

Moved by Councilmember Hack, seconded by Councilmember Ring and carried unanimously to adopt Ordinance No. 06-06 which modifies the current smoking regulations, entitled:

 

AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, RESCINDING, REPLACING AND ESTABLISHING CHAPTER 7.16 – SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT

 

VII. PUBLIC HEARINGS

 

7.1   Conditional Use Permit application CUP-326 to establish a new sign program for Carl’s Jr. and Green Burrito Restaurant

 

Community Development Director Barr reviewed the staff overview of the applicant’s proposal presented at the October 20, 2006 City Council meeting. The City Council continued the item so that the sign designer and City staff work to come up with a sign proposal. Community Development Director Barr reported that staff met with the sign designer and reviewed concepts such as framing the sign and reorienting the sign text. However, the applicant claims that current trademark laws relating to the logos severely limit the ability to manipulate the signs and still provide their clients with their corporate identity and protection.

 

Community Development Director Barr advised that staff and the applicant agreed that the sign on the north elevation should be centered on the tower element. The star was increased in size and off-set. However, the reconfiguration resulted in an increase of approximate 5.5 square feet of the previous proposal.

 

The revised proposal for the south elevation was a side by side concept with stacked lettering on the Green Burrito portion of the sign. The revision resulted in approximately 7 additional square feet of signage.

 

No revisions were proposed to the west elevation.

 

Community Development Director Barr advised that staff recommended approval of the increases on the north and south elevations, but that the west elevation wall sign be removed or reduced to work within the previously approved total sign area that was approved by the Planning Advisory Committee.

 

Community Development Director Barr reviewed the five options that were proposed for City Council.

 

The public hearing was reopened and continued.

 

There were no speakers.

 

The public hearing was closed.

 

A representative from the applicant, National Sign Company, advised that the presentation to the Planning Advisory Committee met the area requirements. The current presentation addressed the aesthetics issues, but required an increase in area to also meet trademark and illumination issues.

 

City Manager Keane advised that the current signage, which was approved by the County prior to City incorporation, was in excess of what the City would have allowed. She noted that the City has considered similar requests for sign programs and has not approved them unless there is a reduction in signage area.

 

Councilmember Hack expressed his concern that Council did not have the expertise to design signs and felt that Council should be consistent with sign policies.

 

Councilmembers discussed possible options such as reduction or removal of signage. Councilmember Ring suggested that one monument sign be removed.

 

Moved by Councilmember Ring, seconded by Councilmember Hack and unanimously carried to approve the sign program subject to the new sign design remaining within the existing square footage currently on site or allowing the new sign design, including sign area increase, but requiring the removal of the monument sign on El Toro Road.

 

7.2 Community Development Block Grant ( CDBG)

 

City Manager Keane reported that the City is participating in the Orange County Urban County CDBG Program for fiscal years 2006-07 thru 2008-09. In Fiscal Year Staff 2006-07, staff submitted several projects that were not selected for funding. Staff recommends that the City resubmit one of the prior projects for reconsideration in the 2007-08 funding cycle – removal of architectural barriers to provide an ADA compliant pathway from the bus stop on El Toro Road to the entrance of City Hall. The resubmittal requires the Council to hold the public hearing to solicit input on whether or not to resubmit the project.

 

The public hearing was opened.

 

There were no requests to speak.

 

The public hearing was closed.

 

Moved by Councilmember Hack, seconded by Mayor Pro Tem Robbins and carried unanimously to authorize staff to resubmit a $75,000 Community Development Block Grant (CDBG) application, in the public facilities and improvements category, to remove architectural barriers and provide an ADA compliant pathway from the bus stop on El Toro Road to the entrance of City Hall.

 

VIII. CITY COUNCIL

 

8.1 December Meeting Schedule

 

City Manager Keane advised that several Councilmembers recommended the December meeting be moved from the 20th to the 13th due to the upcoming holidays.

 

Moved by Councilmember Ring, seconded by Councilmember Hack and carried unanimously to reschedule the December City Council meeting to Wednesday, December 13, 2006 at 2:00 p.m.

 

8.2 Aliso Creek Task Force

 

City Manager Keane reported that cities adjacent to Aliso Creek have created a task force to seek funding for habitat restoration. It was recommended that Councilmember Ring be appointed to the task force.

 

Moved by Mayor Pro Tem Robbins, seconded by Councilmember Ross and carried unanimously to appoint Bob Ring as the City’s Representative to the Aliso Creek Task Force.

 

  1. CITY MANAGER’S REPORT

 

9.1 2007 Community Services Grant Awards

 

City Manager Keane advised that a public notice inviting applications for grants was published in the Laguna Woods Globe on July 27, 2006 and application packets were mailed to fourteen non-profit organizations that requested information. Nine applications were received by the August 31, 2006 deadline.

 

The Community Services Committee reviewed applications for grant funding and recommended awards to: The Braille Institute – $20,000; South County Outreach – $15,000; GRF Friendly Visitors – $10,000; Saddleback Memorial Foundation – $10,000; Saddleback College Foundation – $8,000; Trauma Intervention Program – $5,000; Rebuilding Together – $3,000; South County Senior Services, Transportation – $22,500, Adult Day Care – $22,500, Florence Sylvester Memorial Senior Center – $30,000.

 

Moved by Councilmember Ring, seconded by Mayor Pro Tem Robbins, and carried unanimously to approve the following

 

  1. Awarded a total of $71,000 in competitive Community Services grants to seven grantees: The Braille Institute, GRF Friendly Visitor Program, South County Outreach formerly Saddleback Community Outreach, Saddleback College Foundation, Saddleback Memorial Foundation, Trauma Intervention Program and Rebuilding Together

 

And

 

  1. Awarded a total of $75,000 in Community Service grants to South County Senior Services subject to conditions included in the body of the report, for:

* Adult day health care – $22,500

* Transportation services – $22,500

* General operations at Florence Sylvester Memorial Senior Center – $30,000

 

9.2 El Toro Road Pavement Rehabilitation

 

City Manager Keane reported that two El Toro Road pavement rehabilitation projects – Calle Sonora to Moulton Parkway and Avenida Sevilla to Paseo de Valencia were bid together to obtain the lowest possible cost in a period of soaring prices for asphalt and concrete. Five bids were received and All American Asphalt was the lowest responsible bidder.

 

Moved by Councilmember Hack, seconded by Mayor Pro Tem Robbins and carried unanimously to:

 

  1. Awarded a contract to All American Asphalt, in the amount of $637,637.40, plus authorized change orders not to exceed 15% of the base amount; and authorized the City Manager to execute a contract and approved change orders, subject to approval of the contract as to form by the City Attorney.

 

  1. Allocated $140,000 of Traffic Congestion Relief funds to the El Toro Road Pavement Rehabilitation project budget due to increased costs for asphalt.

 

  1. CITY ATTORNEY’S REPORT

 

City Attorney McEwen discussed a recent Ninth Circuit Court opinion on portable sign holders. The City currently prohibits portable sign holders.

 

  1. COMMITTEE REPORTS

 

11.1 San Joaquin Corridor Authority (Councilmember Hack)

 

Councilmember Hack reported the next meeting would be Thursday, November 9th.

 

11.2  Vector Control District (Mayor Bouer)

 

Mayor Bouer reported there would be a meeting next week.

 

11.3  Library Board (Mayor Pro Tem Robbins)

 

Mayor Pro Tem Robbins advised there had not been a meeting.

 

11.4  Orange County Fire Authority (Councilmember Ross)

 

Councilmember Ross advised the meeting had been postponed until the next week.

 

11.5  Laguna Canyon Foundation (Councilmember Ring)

 

Councilmember Ring reported that the dedication of the Nix Nature Center was an impressive ceremony on Saturday, November 4th.

 

11.6  Coastal Greenbelt Authority (Councilmember Ring)

 

Councilmember Ring advised there would be a meeting the next week, but he would not be able to attend as he would be out of town.

 

XII. PUBLIC COMMENTS

 

None.

 

XIII. CITY COUNCIL COMMENTS AND ANNOUNCEMENTS

 

Councilmember Hack questioned when a litter ordinance would be presented to Council. City Manager Keane reported there had been some changes in state law that would take affect after January 1, 2007 and therefore, staff would be submitting a proposed ordinance next year after reviewing the changes.

 

Councilmember Ring briefly discussed the November 7th elections and thanked citizens for supporting Measure M.

 

Councilmember Ross advised that the Trauma Intervention Program would be having a fund raising dinner on November 17.

 

XIV. CLOSED SESSION

 

Council recessed into closed session at 3:20 p.m. and anticipated there would reportable action.

 

The City Council met regarding the following:

 

  1. Conferred with legal counsel regarding one matter of potential litigation, pursuant to the provisions of Government Code Section 54956.9.
  2. Conferred with legal counsel regarding one matter of pending litigation: City of Laguna Woods vs. Raintree Realty LLC. Case No. 05 CC 09350 pursuant to the provisions of Government Code Section 54956.9(A).

 

The Council reconvened at 3:59 p.m.   City Attorney McEwen reported there was no reportable action.

 

  1. ADJOURNMENT

 

The meeting was adjourned at 4:00 p.m. The next meeting will be at 2:00 p.m. on December 13, 2006 at the LagunaWoodsCity Hall, 24264 El Toro Road, Laguna Woods, CA

 

__________________________________

SUSAN M. CONDON, City Clerk

 

Adopted: December 13, 2006

 

__________________________________

ROBERT BOUER, Mayor