Minutes – August 29, 2007
Minutes – August 29, 2007
CITY OF LAGUNA WOODS, CALIFORNIA
CITY COUNCIL MINUTES
REGULAR MEETING
August 29, 2007
2:00 P.M.
I. CALL TO ORDER
Mayor Pro Tem Hack called the Regular Meeting of the City Council of the City of Laguna Woods to order at 2:00 p.m.
II. FLAG SALUTE
Councilmember Ross led the flag salute.
Mayor Pro Tem Hack welcomed back Laguna Woods Globe reporter Cheryl Walker.
III. ROLL CALL
COUNCILMEMBERS: PRESENT: Ring, Ross, Hack
ABSENT: Bouer, Robbins
STAFF PRESENT: City Manager Keane; City Attorney McEwen; City Clerk Condon; Consultant Mike Balliet, City Engineer Nelson, Community Services Manager Foley
IV. PRESENTATIONS
None
V. CITY PROCLAMATIONS
Moved by Councilmember Ring, seconded by Mayor Pro Tem Hack and carried unanimously to approve City Proclamations 5.1 – 5.3.
5.1 Proclamation – National Alcohol and Drug Addiction Recovery Month – September 2007
5.2 Proclamation – Inner-Coastal Watershed Cleanup Day – September 15, 2007
5.3 Proclamation – Emergency Preparedness Month – September 2007.
City Manager Keane discussed the upcoming CERT program.
Mayor Pro Tem Hack announced the Council meeting was being shown live on Channel 31.
VI. CONSENT CALENDAR
Moved by Councilmember Ross, seconded by Councilmember Ring, and carried unanimously to approve Consent Calendar items 6.1 through 6.6.
6.1 Approved City Council minutes from the regular meeting of July 18, 2007.
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 July 2007 monthly and Fiscal Year 2006-07 Fourth Quarter Treasurers Reports.
6.4 Approved the August 29, 2007 Warrant Register in the amount of $535,306.74.
6.5 City Hall Accessible Pathway Project
Awarded a contract to Environmental Project Services, Inc., in the amount of $68,075.85 plus authorized change orders not to exceed 10% 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.
6.6 Liability Claim
Denied the claim against the City of Laguna Woods by Ruth Saltz.
VII. PUBLIC HEARINGS
7.1 Community Development Block Grant (CDBG)
City Manager Keane advised that the City participates in Orange County’s competitive Urban County CDBG Program. The City is in the second year of a three year energy efficiency equipment retrofit program and must reaffirm continuation of this program as well as allow members of the public to submit additional or alternate grant proposals. The public hearing was opened on July 17th to consider FY 2008-09 CDBG projects and was continued until August 29th to obtain interested parties input.
In addition to continuation of the energy efficiency equipment retrofit program, staff proposed a public facilities and improvements project in the amount of $86,000 that would remove architectural barriers and reconstruct portions of the parking lot in front of City Hall to enhance accessibility for handicapped residents.
The Public Hearing was reopened.
There were no requests to speak.
The Public Hearing was closed.
No other projects were suggested.
Moved by Councilmember Ring, seconded by Councilmember Ross and carried unanimously to approve the prioritization of Community Development Block Grant project proposals within categories, and authorize staff to submit applications to the County of Orange for funding consideration under the Federal Community Development Block Grant (CDBG) Program for:
1. Rehabilitation Projects:
a) Requested up to $150,000 for the Fiscal Year 2008-09 component of the City’s Energy Efficiency Retrofit Project that assists low income seniors to improve the energy efficiency of their homes through the installation of insulation, dual pane windows, doors, heat pumps, ceiling fans and other similar improvements.
2. Public Facilities and Improvements Projects:
a) Requested $86,000 for Phase II of Laguna Woods City Hall Circulation Improvement Project. This project would remove architectural barriers and reconstruct portions of the parking lot in front of City Hall to enhance accessibility for handicapped residents.
7.2 Laguna Laurel Annexation
In February 2007, the City of Laguna Woods and the Irvine Company entered into a pre-annexation agreement regarding approximately 171 acres immediately adjacent to the City of Laguna Woods. The agreement requires an amendment to the Laguna Woods General Plan assuring that the property, if annexed into the City of Laguna Woods, would remain passive open space consistent with the permitted uses of the Grant Deed.
On July 18, 2007, the City Council introduced and approved the first reading of an ordinance to apply pre-zoning designations to the Laguna Laurel Annexation and seven contiguous parcels. In conjunction with the pre-zoning ordinance, the City Council must adopt a resolution amending the City’s General Plan text (land Use and Conservation Elements) and a second resolution initiating the annexation with the Local Agency Formation Commission (LAFCO).
The Public Hearing was opened.
There were no requests to speak.
The Public Hearing was closed.
Moved by Councilmember Ring, seconded by Councilmember Ross and carried unanimously to adopt Ordinance No. 07-04 pre-zoning ten parcels, abutting the City boundary, entitled:
AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, TO PRE-ZONE TEN PARCELS TOTALING APPROXIMATELY 178.55 ACRES UNDER THE CITY’S “OPEN SPACE – PASSIVE” ZONING DESIGNATION
AND
Adopt Resolution No. 07-15, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, AMENDING THE LAGUNA WOODS GENERAL PLAN TEXT AND LAND USE MAP BY APPLYING THE “OPEN SPACE” LAND USE DESIGNATION TO APPROXIMATELY 178.55 ACRES TO ALLOW FOR THE ANNEXATION OF THIS LAND INTO THE CITY OF LAGUNA WOODS
AND
Adopt Resolution No. 07-16, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEDINGS PURSUANT TO THE CALIFORNIA GOVERNMENT CODE SECTION 56658 FOR THE ANNEXATION OF PROPERTY (LAGUNA LAUREL) INTO THE CITY OF LAGUNA WOODS
VIII. CITY COUNCIL
None
IX. CITY MANAGER’S REPORT
9.1 Solid Waste Franchise Rate Increase
City Manager Keane consultant Mike Balliet provided an update on the City’s solid waste program and tonnage and materials diverted from Orange County landfills.
Pursuant to the existing franchise agreement with Ware Disposal, rates for services have remained unchanged since contract initiation. Effective November 1, 2006 Ware became eligible for a rate increase based on either:
1. The terms and conditions of the renegotiated labor contract between Ware Disposal and Teamsters Local Union 396, or
2. One hundred percent of the change in the Consumer Price Index for the Los Angeles and Orange County metropolitan areas for the period from August of the prior year to July of the current year, effective November 1.
Total rate increases over the term of this Agreement cannot exceed a cumulative total of 15%.
Ware has provided the City with the required copy of the agreement with Teamster Local Union 396 and requested a rate increase under the terms of the franchise.
Staff recommended a one-time 8.44% increase in solid waste franchise hauling rates for Ware Disposal effective September 1, 2007, based upon the renegotiated labor contract between Ware Disposal and Teamsters Local Union 396 in lieu of the CPI increase. The change in the Consumer Price Index for the Los Angeles and Orange County metropolitan areas for the prior August to July periods totals 7.1%. Future CPI increases are likely to result in a rate higher than 8.44% for the remainder of the contract period.
Moved by Councilmember Ring, seconded by Councilmember Ross and carried unanimously to authorize a one-time 8.44% increase in solid waste franchise hauling rates for Ware Disposal effective September 1, 2007, based upon the renegotiated labor contract between Ware Disposal and Teamsters Local Union 396 as the rate adjustment methodology.
9.2 Electric Water Heater Replacement Permits
City Manager Keane discussed the new building permit fee which is scheduled to go into effect on September 1st. The schedule will increase the cost for a variety of activities, including the replacement of water heaters. In the past, the City has offered Professional Community Management (PCM) a reduced permit fee for the installation of replacement water heaters in the Village. PCM staff replaces the water heaters and sends a picture of the installation with the application for a permit. If the installation appears to be correct, the City does not send an inspector into the field. Staff identified concerns with the practice such as late applications following installation, possible discrimination against other contractors who do business in City, and other contractors being charged a late fee when work is completed months prior to applying for a permit.
Councilmembers have raised issue about possible unsafe installation, liability exposure and questioned whether there is adequate follow-up.
The City manager Keane noted that the City’s Building Official believes that a picture will identify if a replacement water heater has been correctly installed. The California Government Code provides immunity for liability arising from a city building inspector’s failure to inspect or for inadequate or negligent inspection.
Cris Trapp, Legal Affairs Managers for PCM, stated the current program had been in place for seven years with no apparent problems. She advised they were taking action to make sure all permits were submitted within 30 days of the replacement water heater installation.
Mayor Pro Tem Hack discussed his public safety concerns about the proposal not to perform field inspections on replacement water heaters.
Moved by Councilmember Ring, seconded by Councilmember Ross and carried on a vote of 2-1 to provide a discount permit fee for replacement electric water heaters – $18 for permit issuance at a single address and $8.05 per replacement water heater – when the installation is certified by a licensed contractor or a contractor approved by the City’s Building Official. No discount would be available and a late fee would be charged if permit applications are submitted more than 30 days after installation
Roll Call
Ayes: Councilmember: Ring, Ross
Noes: Councilmember: Hack
Absent: Councilmember: Bouer, Robbins
9.3 City Staff – Administrative Assistant
City Manager Keane advised that the taxi voucher program has operated for several years using both full time and part-time staff which has not provided consistency. The proposal would eliminate the majority of the part time funding and authorize a full time administrative assistant.
Moved by Councilmember Ring, seconded by Councilmember Ross and carried unanimously to approve Resolution No. 07-17 authorizing the full time staff position of Administrative Assistant, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, MODIFYING RESOLUTIONS NOS. 07-11 AND 07-14, AND AUTHORIZING THE STAFF POSITION OF ADMINISTRATIVE ASSISTANT AND ESTABLISHING A COMPENSATION RANGE
X. CITY ATTORNEY’S REPORT
City Attorney McEwen briefly discussed the lawsuit referenced by the Orange County Sheriff during the June 27th Council meeting relating to intersection control during stoplight outages.
City Manager Keane advised that private traffic control would be hired when work is done on City streets that affect intersections and advised that extra batteries will be available for the back-up battery system.
XI. COMMITTEE REPORTS
11.1 Transportation Corridor Agencies (Mayor Pro Tem Hack)
Mayor Pro Tem Hack advised that the TCA agencies are continuing to discuss a merger.
11.2 Southern California Water Committee (Mayor Pro Tem Hack)
Mayor Pro Tem Hack advised that there had not been a meeting recently and briefly discussed water issues in the western United States.
11.3 Vector Control District (Councilmember Bouer)
There was no report.
11.4 Library Board (Mayor Robbins)
There was no report.
11.5 Orange County Fire Authority (Councilmember Ross)
Councilmember Ross advised that there had not been a meeting.
11.6 Laguna Canyon Foundation (Councilmember Ring)
Councilmember Ring reported that Tom Wilson recognized the accomplishments of retiring Foundation Executive Director Mary Fegraus and welcomed new Executive Director Meg Jones at the August Board meeting.
11.6 Coastal Greenbelt Authority (Councilmember Ring)
Councilmember Ring advised there were no actions taken that affected the community.
Councilmember Ring and Mayor Pro Tem Hack discussed the City’s involvement with Southern California Association of Governments (SCAG) and discussed City staff’s work with them on the recent affordable housing allocation. They also discussed regional transportation.
XII. PUBLIC COMMENTS
Bob Svejkousky, resident, discussed the death of his two dogs from coyotes and requested Council take some action on the problem with coyotes in the area.
Marie Moffet and Irene Bates, residents, also discussed the problem with coyotes.
XIII. CITY COUNCIL COMMENTS AND ANNOUNCEMENTS
Councilmember Ross advised residents that falls are the leading cause of death over 65. She advised there will be a program on how to prevent falls on September 12 at the Buena Park Senior Center.
Council recessed at 3:45 p.m. to closed session.
XIV. CLOSED SESSION
Council met in closed session pursuant to Government Code Section 54956.8, to give direction with respect to the Conference with Real Property Negotiators for:
23572 Moulton Parkway, Laguna Woods, CA 92637
Agency Negotiator: Douglas C. Reilly, Dennis Nelson, Larry Stevens
Negotiating Party: PSAF Development Partners
Under Negotiation: Instruction to negotiator on price
24151 Moulton Parkway, Laguna Woods, CA 92637
Agency Negotiator: Douglas C. Reilly, Dennis Nelson, Larry Stevens
Negotiating Party: Laguna Woods Self Storage
Under Negotiation: Instruction to negotiator on price
24281 Moulton Parkway, Laguna Woods, CA 92637
Agency Negotiator: Douglas C. Reilly, Dennis Nelson, Larry Stevens
Negotiating Party: Thomas Allen & Ruth Craig
Under Negotiation: Instruction to negotiator on price
Council reconvened at 3:59 p.m. and City Attorney McEwen advised there was no reportable action.
XV. ADJOURNMENT
The meeting was adjourned at 4:00 p.m. The next meeting will be at 2:00 p.m. on September 19, 2007 at the Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA
__________________________________
SUSAN M. CONDON, City Clerk
Adopted: September 19, 2007
__________________________________
MILTON ROBBINS, Mayor
