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Minutes – March 21, 2007

Minutes – March 21, 2007

 

CITY OF LAGUNA WOODS, CALIFORNIA

CITY COUNCIL MINUTES

REGULAR MEETING

March 21, 2007

2:00 P.M.

 

 

  1. CALL TO ORDER

 

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

 

  1. FLAG SALUTE

 

Councilmember Ross led the flag salute.

 

III. ROLL CALL

 

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

ABSENT:     None

 

STAFF PRESENT:    City Manager Keane; City Attorney McEwen; City Clerk Condon; Assistant City Manager Reilly

 

  1. PRESENTATIONS

 

4.1 Community Emergency Preparedness and Response Academy Graduation

 

City Manager Keane and Sgt. Cathy Irons presented certificates to the Community Emergency Preparedness and Response Academy graduates.

 

  1. CITY PROCLAMATIONS

 

Moved by Councilmember Ring, seconded by Councilmember Ross, and carried unanimously to approve City Proclamations 5.1 and 5.2.

 

5.1 Proclamation – National Donate Life Month – April 2007

 

5.2 Commendation – Esther “Missy” Reynolds – 100th Birthday

 

  1. CONSENT CALENDAR

 

Moved by Mayor Pro Tem Hack, seconded by Councilmember Ring, and carried unanimously to approve Consent Calendar items 6.1 through 6.8.

 

6.1   Approved City Council minutes from the regular meeting of February 21, 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 February 2007 monthly Treasurer’s Report.

 

6.4   Approved the March 21, 2007 Warrant Register in the amount of $761,407.74.

 

6.5   California State Assembly Lease

 

Authorized the City Manager to execute a one year lease extension with the California State Assembly facilitating Assemblyman DeVore’s office space in City Hall, under the same terms as the original lease.

 

6.6     Workforce Housing Reward Grant

 

Approved Resolution No. 07-08 authorizing staff to submit a grant application, entitled:

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, AUTHORIZING APPLICATION FOR WORKFORCE HOUSING REWARD GRANT

 

7.6 Traffic Signal Controller Master System

 

Awarded a contract to Econolite Control Products, Inc., in the amount of $309,313.28, plus authorized change orders not to exceed 15% of the base amount, for installation of traffic signal controllers and traffic signal master system; and authorized the City Manager to execute the contract and approve change orders, subject to approval of the contract as to form by the City Attorney..

 

6.8         Notice of Completion – Neighborhood Street Light Replacement Project.

 

  1. Accepted project completion of a contract with Freeway Electric for the Neighborhood Street Light Replacement Project

 

  1. Released contract retention in the amount of $7,843.72 withheld per government code 35 days following recordation of Notice of Completion with the County of Orange.

 

  1. Exonerated project posted bonds 35 days following recordation of Notice of Completion with the County of Orange.

 

VII. PUBLIC HEARINGS

 

None.

 

VIII. CITY COUNCIL

 

8.1 Water Conservation (agendized by Mayor Pro Tem Hack)

 

Mayor Pro Tem requested that residents conserve water from March 25-31 during a temporary shutdown of a water treatment plant that serves South Orange County.

 

  1. CITY MANAGER’S REPORT

 

9.1 Trash and Litter Control Regulations

 

City Manager Keane advised that under the current Municipal Code, trash and litter    control are only referenced under sections regarding property maintenance. However,    those standards relate primarily to the condition of a property and do not address the act of littering. The proposed ordinance addresses littering on public and private property. It      specifically addresses the issues of the disposal of smoking related litter and flyers placed on unattended motor vehicles. The ordinance contains an exception that would allow the    placement of public and private property citation notices on motor vehicles.

 

This ordinance was discussed and is recommended by the Water Quality and Community Services Committees. Comments received from Laguna Woods Village staff were incorporated in the final draft.

 

Moved by Mayor Pro Tem Hack, seconded by Councilmember Ross, and carried unanimously to approve the introduction and first reading of an ordinance establishing litter regulations, entitled:

 

AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ADDING CHAPTER 4.06 “TRASH AND LITTER CONTROL” TO TITLE 4 OF THE LAGUNA WOODS MUNICIPAL CODE AND ESTABLISHING TRASH AND LITTER CONTROL REGULATIONS TO PROTECT PUBLIC HEALTH AND SAFETY.

 

9.2 Tree Maintenance and Removal Regulations

 

City Manager Keane advised that the City has the opportunity to be awarded the prestigious National Arbor Day Foundation’s Tree City USA designation which recognizes local commitments to urban forestry. This designation would make the City eligible for technical and financial assistance for landscape improvements that incorporate trees.

 

One of the requirements to attain a “tree city USA” designation is the adoption of a comprehensive ordinance that establishes standards for the maintenance and removal of significant trees. Significant trees are defined as those on public property or rights of way, those in non-residential areas subject to planning approvals, and those on a last established by the City Council. The proposed ordinance not only meets the Foundation’s guidelines, it also codifies existing City policies and procedures in one document and centralizes responsibilities for enforcement in the Community Development Department. It would simply the current process for tree removal on non-residential property, and would not require permits for tree removal on residential property.

 

Staff also proposed changes to the Administrative Policy 2.1 – Administrative Committee that would enact the Landscape Advisory Committee. The Committee would consist of two members each from the Transportation, Water Quality and Community Services Advisory Committees, chosen by each committee, and one resident at large member chosen by the City Council.

 

The ordinance was recommended unanimously by the Community Services Committee and 5-1 by the Transportation Advisory Committee. Comments received from Laguna Woods Village staff were incorporated in the final draft.

 

Moved by Councilmember Ross, seconded by Councilmember Ring, and carried unanimously to:

 

  1. Approve the introduction and first reading of an ordinance establishing tree maintenance and removal standards, entitled:

 

AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ESTABLISHING REGULATIONS FOR THE MAINTENANCE AND REMOVAL OF TREES

 

AND

 

  1. Approve Modifications to Administrative Policy 2.1-Advisory Committees that:
  2. establish the Landscape Advisory Committee as a special purpose committee, and
  3. make minor consistency and administrative changes to the current policy.

 

9.3 U.S. Mayors Climate Protection Agreement

 

City manager Keane and Mayor Pro Tem Hack discussed the Kyoto Protocol which was adopted in late 1997 to address the problem of global warming by reducing the world’s greenhouse gas emissions. In February 2005, the protocol became law in 141 countries. The United States has not ratified the Kyoto Protocol. In June 2005, the Mayors Climate Protection Agreement was passed unanimously by the U.S. Conference of Mayors. Mayors continue to formalize their commitment by singing on to the agreement. Seventy-four cities in California are among the 418 mayors across the country who have expressed support for the Climate Protection Agreement. In Orange County, Irvine, Huntington Beach, Laguna Beach and Santa Ana have approved the agreement.

 

9.4   Cable Television Franchise Regulations

 

City Manager Keane advised that AT&T had filed for a state franchise within the City as part of a much larger application. The recently adopted California Digital Infrastructure and Video Competition Act of 2006 requires the City to make certain revisions to its cable television franchising regulations. The proposed ordinance, which was drafted by the City Attorney, would confirm the 5% franchise fee, establish a 1% public, educational and/or government (PEG) fee; and establish customer service penalties for state franchise holders providing video service within the City. Special legal counsel Scott Porter was in attendance and answered questions from Council.

 

Councilmember Ring questioned if the City could still waive the fee. Special legal counsel Scott Porter advised that the City would still be able to waive the fee. He advised that all franchises were required to be treated equal and extensions of existing municipal City franchises must be completed prior to January 1, 2008.

 

Russ Ridgeway, PCM Director of Broadband, advised that the Golden Rain Foundation (GRF) was against the proposed ordinance as presently written.   He advised that if the City adopted the ordinance, GRF would move to convert its cable system to a Satellite Master Antenna System.

 

Noel Hatch, resident and Chair of GRF Broadband Services, advised that although he understood the City’s desire for flexibility, if the proposed ordinance was adopted, GRF would to proceed with the implementation of a televison system that did not require a state or local franchise. He requested that the City and GRF continue negotiations.

 

Special legal counsel Scott Porter advised that he had requested a meeting with GRF’s counsel several times and had not received a response until this last week. No meeting has been scheduled.

 

George Portlock, President of GRF, advised that it was imperative that GRF and the City negotiate and requested that Council table the proposed ordinance.

 

Moved by Mayor Pro Tem Hack, seconded by Councilmember Ring and carried unanimously to table the proposed ordinance until the May 16, 2007 meeting.

 

  1. CITY ATTORNEY’S REPORT

 

City Attorney McEwen advised there was no report.

 

  1. COMMITTEE REPORTS

 

11.1 Transportation Corridor Agencies (Mayor Pro Tem Hack)

 

Mayor Pro Tem Hack reported that TCA is continuing to work on a potential merger between the agencies. He advised there would be an extra meeting in April to train new members and that they would also be voting on whether to approve a traffic and revenue study.

 

12.2 Southern California Water Committee (Mayor Pro Tem Hack)

 

Mayor Pro Tem Hack reported that Governor Schwarzenegger intends to bring California water issues to the forefront and that the Southern California Water Committee is following this issue closely.

 

 

 

12.3 Vector Control District (Councilmember Bouer)

 

Councilmember Bouer advised that the Orange County Vector Control District is in good financial condition.

 

12.4  Library Board (Mayor Robbins)

 

Mayor Robbins advised that there had not been a meeting.

 

12.5  Orange County Fire Authority (Councilmember Ross)

 

Councilmember Ross advised there would be a meeting Thursday, March 22, 2007. She thanked the OCFA for their assistance during the city’s emergency training graduation at the OCFD Training Center.

 

12.6  Laguna Canyon Foundation (Councilmember Ring)

 

Councilmember Ring advised that the Nix Center opened to the public last Saturday.

 

12.6  Coastal Greenbelt Authority (Councilmember Ring)

 

Councilmember Ring advised that there had not been a meeting.

 

XII. PUBLIC COMMENTS

 

Ruth May, resident, commended the residents and staff that took part in the Disaster Academy and stated it was a good example of a group of people working together.

 

XIII. CITY COUNCIL COMMENTS AND ANNOUNCEMENTS

 

Councilmember Ross discussed concerns about falling in the home.

 

  1. CLOSED SESSION

 

None.

 

XVI. ADJOURNMENT

 

The meeting was adjourned at 3:20 p.m. The next meeting will be at 2:00 p.m. on April 18, 2007 at the LagunaWoodsCity Hall, 24264 El Toro Road, Laguna Woods, CA

 

__________________________________

SUSAN M. CONDON, City Clerk

 

Adopted: April 18, 2007

 

__________________________________

MILTON ROBBINS, Mayor