Minutes – August 20, 2008
Minutes – August 20, 2008
CITY OF LAGUNA WOODS, CALIFORNIA
CITY COUNCIL MINUTES
REGULAR MEETING
August 20, 2008
2:00 P.M.
I. CALL TO ORDER
Mayor 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
Mayor Hack led the flag salute.
III. ROLL CALL
COUNCILMEMBERS: PRESENT: Bouer, Robbins, Ross, Ring, Hack
ABSENT: None
STAFF PRESENT: City Manager Keane; City Attorney McEwen; Assistant City Manager Reilly; City Clerk Condon, Community Services Manager Foley, Building Official Traw
IV. PRESENTATIONS
None.
V. CITY PROCLAMATIONS
Moved by Councilmember Robbins, seconded by Councilmember Ross and carried unanimously to approve City Proclamations 5.1 – 5.3.
5.1 Proclamation – Inner-Coastal and Watershed Cleanup Day – September 20, 2008
5.2 Proclamation – National Preparedness Month – September 2008
5.3 Commendation – O’Connor Mortuary – 110th Anniversary
Councilmember Bouer entered the meeting.
VI. CONSENT CALENDAR
Moved by Mayor Pro Tem Ring, seconded by Councilmember Robbins, and carried unanimously to approve Consent Calendar Items 6.1 – 6.5.
6.1 Approved City Council minutes from the regular meeting of July 16, 2008.
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 July 2008 monthly and Fiscal Year 2007-08 Fourth Quarter Treasurer’s Reports.
6.4 Approved the August 20, 2008 Warrant Register in the amount of $408,284.55.
6.5 California Integrated Waste Management Board Grants
Approved Resolution No. 08-17 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF APPLICATIONS TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR FISCAL YEAR 2008/09 THROUGH 2013/14 FOR USED OIL RECYCLING BLOCK GRANTS
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. Fiscal Year 2009-10 will be the first year of a new three year funding cycle for rehabilitation projects. A public hearing must be held to solicit public input so that residents and other interested parties may provide input on community needs and project priorities for CDBG funding.
Mayor Pro Tem Ring questioned how many units have previously been provided with energy efficient items such as heat pumps, ceiling fans, thermostats, dual pane windows and other similar improvements.
Community Services Manager Foley advised that approximately 150 units had been provided with an energy efficient item at a total cost of around $475,000. He advised that $2,500 is allocated per unit for energy efficient installations.
The Public Hearing was opened.
There were no requests to speak.
The Public Hearing was closed.
No other projects were suggested.
Moved by Councilmember Robbins, seconded by Councilmember Bouer and carried unanimously to approve the prioritization of Community Development Block Grant project proposals and authorized staff to submit applications to the County of Orange for funding consideration under the Federal Community Development Block Grant (CDBG) Program as follows:
Rehabilitation Projects:
Continuation of the City’s Energy Efficiency Retrofit Project. This project assists low income seniors reduce their energy costs by providing equipment such as heat pumps, ceiling fans, thermostats, dual pane windows and other similar improvements.
Requested amount: $200,000.
VIII. CITY COUNCIL
8.1 League of California Cities: Appointment of Voting Delegates
Appointed Brenda Ross as primary voting delegate and Doug Reilly as alternate voting delegate for the purpose of voting on business at the annual league of California Cities meeting.
8.2 Patio Covers: Standard Plans (agendized by Mayor Hack)
City Manager Keane introduced Building Official Jon Traw. He advised that the City adopted its local building codes in November 2007 and they were effective on January 1, 2008. Prior to the new codes being adopted, the City staff approved various construction projects based on standard plans and engineering that had been certified by the International Conference of Building Officials (ICBO-ES) or the International Code Council (ICC-ES) Evaluation Services. The changes in the newly adopted 2007 code requires the re-certification of these standard plans.
Building Office Traw advised that, as allowed by state law, the city extended the acceptance of old standard plans for six months – until July 1, 2008. He advised that staff understood that patio cover manufactures are currently in the process of revising standard plans and seeking recertification and, therefore, the City cannot issue building permits for patio covers and/or patio enclosures unless engineering is provided. He did provide several alternatives such as having an applicant provide structural calculations prepared by a State licenses design profession that would demonstrate the form (old) standard plans are in compliance or to have an applicant provide structural calculations and new standard plans prepared by State licensed design profession for a particular project at a particular location which would demonstrate that the plans are in compliance with the new codes.
Jim Kane, resident, had been concerned that the City might only be allowing applicants’ only one choice for approval.
Mayor Pro Tem Ring advised that he had received a call from Jim Matson, a director of Third Laguna Hills Mutual, who had questioned why the city was discontinuing issuing any patio cover permits.
City Manager Keane advised that other patio cover applications are reviewed as 1) either a part of a larger project, 2) engineering calculations are provided.
City Attorney McEwen advised Council that any modifications to the codes must be based on findings such as local climatic, geographical or topographical exceptions and submitted to the Building Standards Commission for approval.
Mayor Hack noted that the City wants to conform to the codes.
Jim Matson, Third director, concurred with conforming to the codes, but advised that he understood that a number of local cities have not implemented the patio cover code.
City Manager Keane advised that the Building Official had contacted various cities and read a list of those cities that were complying with the code.
Cheryl Walker, Orange County Register, questioned that if a standard plan was reviewed and showed calculations and a wet stamp, if the city would accept that as standard plans. Staff advised they would review the plans submitted and if they met code, the permit would be issued.
Norman Cohen, co-owner of Patio Masters, stated that it would be cost prohibitive to get each plan stamped, and that the ICC and ICBO are backed up and standard plans will not be approved for 3-6 months. He felt that the City should continue to accept the standard plans that were accepted in the past until new standard plans are certified.
Mayor Hack stated that manufacturers are in the process of getting the plans approved and he didn’t propose to implement anything that would violate the current codes.
Councilmember Robbins concurred with the Mayor.
Council consensus was for staff to only accept the patio cover plans under the options discussed by the Building Official.
IX. CITY MANAGER’S REPORT
9.1 City Council Meeting Captioning
City Manager Keane reported that staff had been directed to investigate the feasibility and cost of closed captioning City Council meetings. Staff recommended a demonstration utilizing the technology at the September 17th City Council meeting which would be viewed either in real time or via tape delay. The demonstration would cost approximately $400 and be allocated from Council contingency. Staff would re-agendize this matter for additional consideration at the October 15, 2008 Council meeting.
Councilmembers commented they were in favor of going forward with the demonstration.
Libby Marks and Stu Venable, residents, both stated it would be a tremendous help.
Moved by Councilmember Robbins, seconded by Mayor Pro Tem Ring and carried unanimously to authorize a demonstration project that would add open captions to the September 17, 2008 City Council meeting broadcast and to allocate $400 from the Council Contingency account for the project.
9.2 Medical Marijuana Dispensaries
City Manager Keane reported that calls had been received from two individuals requesting planning information and requirements to open medical marijuana dispensaries (MMD) in the City. She discussed “The Compassionate Use Act of 1996”, which was approved by California voters to allow patients suffering from a number of serious illnesses the opportunity to find relief through the use of doctor recommended marijuana.
In 2005, the United State Supreme Court ruled that California’s law allowing marijuana to be used for medical purposes violated the U.S. Constitution’s Commerce Clause. The case did not hold that Proposition 215 was unconstitutional, nor did it prohibit California from continuing to honor the procedures and protections set forth in Prop. 215. The case, however, did say that following California law would not protect a person from prosecution under federal law.
City Manager Keane advised there was a modification to the proposed ordinance prohibiting medical marijuana dispensaries on page 2, Section 13.25.020 Definitions (1). The last sentence should be deleted. There was also a modification to the proposed ordinance allowing medical marijuana dispensaries on page 9 (k) (2) The dispensary shall only be open between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, should be changed to Monday through Saturday.
City Manger Keane stated the Laguna Woods Municipal Code is silent on medical marijuana dispensaries and that the City has several options to address the situation:
1. Allow MMDs to Operate under Current Zoning Regulations
The City may choose to do nothing or to expressly allow MMDs to operate in the City under current zoning regulations. The Laguna Woods zoning code does not presently include MMDs as an identified or permitted use, but medical pharmacies and dispensaries are generally treated as retail businesses or medical clinics. Medical clinics may operate by right in community commercial and professional and administrative office zoning districts and with a conditional use permit in neighborhood commercial districts.
2. Declare that MMDs are Not a Permitted Use in any zoning district in the City
The City may choose to enact an ordinance that prohibits MMDs within the City limits.
3. Amend the Zoning Code to allow MMDs with a conditional use permit
The City’s zoning code can be amended to allow MMDs in certain zoning districts with a conditional use permit. This process would allow the City to review and approve the proposed facility subject to certain conditions that would regulate the operation of the facility. If a dispensary did not follow the conditions of approval, the City could initiate a public hearing process to revoke the permit.
4. Amend the Zoning Code and adopt Regulatory Permit Regulations
The City’s zoning code could be amended to allow MMDs in certain zoning districts with a regulatory permit. As the City does with adult businesses, it could adopt regulations that address the location of medical marijuana dispensaries and provisions governing their operation. The actual permit process would be implemented and monitored by community development and public safety (Sheriff Department) staff.
Staff prepared two draft ordinances for Council’s consideration, one of which would prohibit medical marijuana dispensaries in the city and the other would regulate the location and operation of medical marijuana dispensaries in the City.
City Manager Keane reported that the Planning Advisory Committee considered the regulation of medical marijuana dispensaries at their August 7, 2008 meeting and split on a vote of 4-3, with the majority recommending a ban on dispensaries.
City Manger Keane recommended that if the Council wants to proceed with either ordinance, a public hearing should be held at the September meeting.
City Attorney McEwen reported that Anaheim had been sued for banning MMDs and appeals were presently in the process. He did advise that if the City did nothing and an MMD was established, the City might have waived their right to regulate or prohibit.
Councilmembers discussed the contradiction between the state and federal law and a brief discussion was held on City liability.
Lonnie Painter, resident, requested that Council remember this was a compassionate act to assist in relieving pain and the City should be obliged to follow the law.
Erwin Stuller, resident, stated this would allow dealing in narcotics, which is illegal under federal law. He reminded Councilmembers that when they took office they swore to uphold the constitution of the United States.
Jeri Painter, resident, encouraged Council to allow regulated dispensaries in the city.
Jim Kane, resident, stated that people he talked with wanted MMDs prohibited and he stated that federal law superseded state law.
Discussion was held on permitting MMDs and limiting to Laguna Wood’s residents only. City Attorney McEwen expressed his concern that limiting only to patients who lived in Laguna Woods would be a restriction of trade.
Barbara Copley, resident, requested Council vote against allowing MMDs in the City.
Frankie Henry, resident, requested limiting to residents of the City.
City Manager Keane advised that the City could limit to residents only, and stated that the ordinance was drafted by the City Attorney to limit liability as much as possible.
Ruth May, resident, expressed her support for MMDs.
Libby Marks, resident, expressed her support for MMDs.
Stu Venable, resident, expressed his support for MMDs.
City Manager Keane advised that this was the introduction and first reading of the ordinances which would either ban or approve medical marijuana dispensaries and that the Council could approve first reading of either or both ordinances and make a final decision at the September meeting after the public hearing.
Councilmembers held further discussion with regard to the conflict between state and federal law.
City Manager Keane advised that the draft ordinance permitting and regulating the location and operation of medical marijuana would be amended on page 9 (k) by adding the following as a new item number 4 that “patients must be residents of the City of Laguna Woods and must provide adequate identification to that effect” and the remaining numbers would be renumbered.
Moved by Mayor Pro Tem Ring, seconded by Councilmember Robbins to approve introduction and first reading of an ordinance as amended limited to City residents, and as read by City Manager Keane, permitting and regulating the location and operation of medical marijuana dispensaries in the City of Laguna Woods and carried on a vote of 3-2.
Roll Call
Ayes Councilmembers: Robbins, Ring, Hack
Noes: Councilmembers: Bouer, Ross
Abstain: Councilmembers: None
AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ADDING SECTION 13.26.025 TO THE LAGUNA WOODS MUNICIPAL CODE AND MAKING MODIFICATIONS TO SECTION 12.10.020, ALLOWING THE CREATION OF MEDICAL MARIJUANA DISPENSARIES AND ESTABLISHING ASSOCIATED REGULATIONS
Moved by Mayor Pro Tem Ring to approve introduction and first reading of an ordinance permitting and regulating the location and operation of medical marijuana dispensaries in the City of Laguna Woods, as initially presented without amendment. There was no second.
Moved by Mayor Pro Tem Ring, seconded by Councilmember Bouer to approve introduction and first reading of an ordinance as amended, prohibiting medical marijuana dispensaries in the City of Laguna Woods, as read by City Manger Keane, and carried on a vote of 4-1.
Roll Call
Ayes: Councilmembers: Bouer, Robbins, Ross, Ring
Noes: Councilmembers: Hack
Abstain: Councilmembers: None
AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA AMENDING THE LAGUNA WOODS MUNICIPAL CODE TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES
X. CITY ATTORNEY’S REPORT
City Attorney McEwen advised he had nothing further to report.
XI. COMMITTEE REPORTS
11.1 Transportation Corridor Agencies (Mayor Hack)
Mayor Hack advised that a grant had been submitted to Washington, DC to obtain a loan for a merger of the TCA entities into one entity and they expected to hear by the end of September.
11.2 Southern California Water Committee (Mayor Hack)
Mayor Hack advised that we are in a drought and noted that the state is discussing options.
11.3 Vector Control District (Councilmember Bouer)
Councilmember Bouer reported there have been 398 dead birds collected in Orange County that tested positive for West Nile virus and advised the City has only had one dead bird. It was recommended that people continue to make sure that repairs were done to damaged window screens, eliminate standing water, use mosquito repellent and wear long pants and sleeves when you are outdoors when mosquitoes are present.
11.4 Library Advisory Board (Councilmember Robbins)
Councilmember Robbins advised that there had not been a meeting.
11.5 Orange County Fire Authority (Councilmember Ross)
Councilmember Ross advised that there would not be a meeting this month and they would meet a week earlier in September due to the League of Cities meeting. She encouraged residents who had used the 911 service and received an evaluation form to return the form. The City only had about a 30% return rate.
11.6 Laguna Canyon Foundation (Mayor Pro Tem Ring)
Mayor Pro Tem Ring advised that they did not have a meeting.
11.7 Coastal Greenbelt Authority (Mayor Pro Tem Ring)
Mayor Pro Tem Ring advised that they did not have a meeting.
XII. PUBLIC COMMENTS
None.
XIII. CITY COUNCIL COMMENTS AND ANNOUNCEMENTS
Mayor Pro Tm Ring asked that the City Council candidates introduce themselves. Marilynn Sortino, Jim Kane, Marty Rhodes, Brenda Ross and Milt Robbins introduced themselves.
Councilmember Ross reminded everyone that Fall Awareness Week would be September 21-27.
XIV. CLOSED SESSION
None.
XV. ADJOURNMENT
The meeting was adjourned at 4:20 p.m. The next meeting will be at 2:00 p.m. on September 17, 2008 at the Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA
__________________________________
SUSAN M. CONDON, City Clerk
Adopted: September 17, 2008
__________________________________
BERT HACK, Mayor
