Minutes – September 19, 2007

CITY OF LAGUNA WOODS, CALIFORNIA

CITY COUNCIL MINUTES

REGULAR MEETING

September 19, 2007

2:00 P.M.

I. 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.

II. FLAG SALUTE

Councilmember Ring led the flag salute.

III. ROLL CALL

COUNCILMEMBERS: PRESENT: Bouer, Ring, Ross, Robbins

ABSENT: Hack

STAFF PRESENT: City Manager Keane; City Attorney McEwen; City Clerk Condon; City Planner Rake

IV. PRESENTATIONS

None

V. CITY PROCLAMATIONS

Moved by Councilmember Ring, seconded by Councilmember Ross and carried unanimously to approve City Proclamations 5.1 – 5.3.

5.1 Proclamation – Active Aging Week – September 24-October 1, 2007

5.2 Proclamation – Fire Prevention Week – October 7-13, 2007

5.3 Proclamation – Breast Cancer Awareness Month – October 2007

VI. CONSENT CALENDAR

Moved by Councilmember Bouer, seconded by Councilmember Ring, and carried unanimously to approve Consent Calendar items 6.1 through 6.5.

6.1 Approved City Council minutes from the regular meeting of August 29, 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 August 2007 Treasurers Report.

6.4 Approved the September 19, 2007 Warrant Register in the amount of $406,646.25.

6.5 Alternative 457 Deferred Compensation Plan for Employees

Approved Resolution No. 07-18 authorizing City participation in the International City Management Association’s (ICMA) 457 Deferred Compensation Plan, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA ELECTING TO ESTABLISH A 457 DEFERRED COMPENSATION PLAN

VII. PUBLIC HEARINGS

City Manager Keane introduced City Planner Sam Rake, who provided the staff report.

7.1 Bon A Pita Restaurant – Conditional Use Permit for the Sale of Alcoholic Beverages (CUP-394)

City Planner Rake advised that Bon A Pita restaurant applied for an alcohol sales permit with the State Department of Alcoholic Beverage Control (ABC). Prior to the issuance, the ABC requires that the local land use authority provide authorization. Before the authorization can be given, the zoning and land use entitlement must be verified for consistency. In the City of Laguna Woods, the sale of alcoholic beverages requires a conditional use permit. There are no changes planned to the hours of operation or restriction against live entertainment at the facility associated with the permit request; however, staff recommended that the outdoor seating, which had been approved on June 3, 2004, be eliminated.

The Public Hearing was reopened.

Patience Pye, resident, expressed her concern regarding the current noise, infiltration of people and children that visit the adjoining businesses. She indicated that the approval to sell alcohol would increase the problems.

Hussam “Sam” Chehayeb, applicant, stated that he understood the concerns, but understood the seriousness of alcoholic sales as he had managed restaurants for many years He requested that the outdoor seating be allowed to remain.

The Public Hearing was closed.

Moved by Councilmember Bouer and seconded by Councilmember Ring to approve the resolution.

Councilmembers discussed the outdoor seating. City Manager Keane suggested that the Council could approve the conditional use permit as recommended by staff but authorize staff to monitor and make a future modification to the outdoor seating condition.

Moved by Councilmember Ring, seconded by Councilmember Bouer and carried unanimously to amend the motion to remove from the proposed condition under Special Project Conditions, item number 4: Outdoor dining is prohibited.

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

Approve amended Resolution No. 07-19, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT CUP-394 FOR THE SALE OF BEER AND WINE (TYPE 41 LICENSE FOR ON-SALE BEER AND WINE) AT THE EXISTING BON A PITA RESTAURANT LOCATED AT 24310 MOULTON PARKWAY, UNIT L

and

Prohibited outdoor seating at this time. Staff was directed to review this matter after six months and, at the discretion of the City Manager, outdoor seating may be allowed at that time.

VIII. CITY COUNCIL

8.1 City Advisory Committee Appointments

City Clerk Condon advised that Councilmember Ring nominated Richard Tyhurst and Councilmember Bouer nominated JoAnn Leuck to the Transportation Advisory Committee. There are still two openings on the Transportation Advisory Committee, two openings on the Water Quality Advisory Committee and one opening on the Human Relations Advisory Committee.

Moved by Councilmember Ring, seconded by Councilmember Bouer, and carried unanimously to appoint Richard Tyhurst and JoAnn Leuck to the Transportation Advisory Committee.

IX. CITY MANAGER’S REPORT

9.1 Residential Building Permit Amnesty Program

City Manager Keane discussed a proposed 45 day building permit amnesty program (November 1 – December 15, 2007) for residential properties only. During the November 1 through December 15, 2007 period, all regular building permit fees would be charged; however, penalty fees, which would include the construction waste diversion penalty, would be waived for work completed prior to June 30, 2007. A flyer would be distributed with the City newsletter providing information on the program.

Moved by Councilmember Bouer, seconded by Councilmember Ring and carried unanimously to approve a 45 day residential building permit amnesty program for the period of November 1 – December 15, 2007.

X. CITY ATTORNEY’S REPORT

City Attorney McEwen advised there was no report.

XI. COMMITTEE REPORTS

11.1 Transportation Corridor Agencies (Mayor Pro Tem Hack)

There was no report.

11.2 Southern California Water Committee (Mayor Pro Tem Hack)

There was no report.

11.3 Vector Control District (Councilmember Bouer)

Councilmember advised that vectors were under control and there would be a meeting on Thursday.

11.4 Library Board (Mayor Robbins)

Mayor Robbins advised there had not been a meeting.

11.5 Orange County Fire Authority (Councilmember Ross)

Councilmember Ross advised she and City Manager Keane attended a meeting with Fire Chief Prather regarding the extension of the Orange County Fire Authority Joint Powers Agreement. This matter will be before the City Council in the future.

11.6 Laguna Canyon Foundation (Councilmember Ring)

Councilmember Ring reported that there were a large number of docents to be trained and that public attendance had increased in the parks.

11.6 Coastal Greenbelt Authority (Councilmember Ring)

Councilmember Ring advised there would be a meeting on Thursday at Laguna Woods City Hall.

XII. PUBLIC COMMENTS

None.

XIII. CITY COUNCIL COMMENTS AND ANNOUNCEMENTS

Councilmember Ross reported on her attendance at the CA League of Cities meeting in Sacramento. She asked the City to consider adopting policies that will assist residents and businesses recycle, conserve energy and reduce carbon emissions.

XIV. CLOSED SESSION

City Attorney McEwen advised a closed session was not required.

XV. ADJOURNMENT

The meeting was adjourned at 3:44 p.m. The next meeting will be at 2:00 p.m. on October 17, 2007 at the Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA

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SUSAN M. CONDON, City Clerk

Adopted: October 17, 2007

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MILTON ROBBINS, Mayor