CITY OF LAGUNA WOODS CALIFORNIA

CITY COUNCIL MINUTES

REGULAR MEETING

February 18, 2004

2:00 P.M.

I.    CALL TO ORDER

Mayor Ring 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 Hack led the Flag salute.

III.  ROLL CALL

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

      ABSENT:     None

STAFF PRESENT:    City Manager Keane; Deputy City Attorney Wohlenberg; City Clerk Condon; Community Development Director Barr; Assistant City Manager Riley

IV.   PRESENTATIONS

4.1   Pat Krone, Commissioner – Orange County Human Relations – Annual Report and Certificate Presentation.

Pat Krone presented the Orange County Human Relations Commission annual report and reported on services provided to residents.  Mayor Ring accepted the certificate presented to the City by the Orange County Human Relations Commission.

4.2   South Coast Air Quality Management District Presentation by Councilmember William Craycraft, City of Mission Viejo

William Craycraft, fifth district representative to the South Coast Air Quality Management District provided information about air quality accomplishments in the county.

V.    CITY PROCLAMATIONS

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

5.1 Commendation – Viola Cady Krahn – International Masters Swimming Hall of Fame

5.2 Proclamation – “Stop in the Name of Love”  Month

VI.   CONSENT CALENDAR

City Manager Keane requested Item 6.6 Notice of Completion – Street Light Replacement Project:  United Laguna Hills Mutual of Leisure World be removed from the agenda. It will be re-agendized at a future meeting. 

Moved by Councilmember Bouer, seconded by Councilmember Hack, and carried unanimously to approve Consent Calendar items 6.1 through 6.7, excluding item 6.6.

6.1 Approved City Council Minutes from the Regular Meeting of January 21, 2004.

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 File January 2004 monthly Treasurer’s Report and Second Quarter Fiscal Year 2003-04 Treasurer’s Report.

6.4   Approved the February 18, 2004 Warrant Register in the amount of $450,935.53,

6.5   Notice of Completion - City Hall ADA Parking Lot Reconstruction Project.

A. Accepted project completion of a contract with International Pavement Solutions for partial reconstruction of the City Hall Parking Lot in order to provide for ADA compliant parking adjacent to the City Hall.

B. Released contract retention in the amount of $895.63 withheld per government code 35 days following recordation of Notice of Completion with the County of Orange.

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

6.7 Claim for Damages

Denied the claim by Douglas Juhl filed against the City of Laguna Woods

VII.  PUBLIC HEARINGS

7.1 Density Bonus

Community Development Director Barr reported that in October 2003 the State Department of Housing and Community Development completed their review of revisions to the City’s Housing Element and certified it to be in compliance with State housing law.  The Housing Element contains the City’s policies and commitments to improve and develop housing resources to meet existing and future needs and acknowledges the City’s Regional Housing Needs Assessment (RHNA) allocation and the need to meet this requirement.  The RHNA allocation is quantified by the number of units based on income classifications. Of the 113 new units required, 35 of the new residential units would need to be low and very low income units.  There are several methods cities may utilize to attain low income housing; among these are re-zoning, density bonuses and inclusionary housing ordinances.

Density Bonus provisions are required by State Law.  When a housing developer proposes a housing development within the jurisdiction of the City, the City is required to provide the developer incentives for the development of lower income housing units, subject to certain minimum standards.  The proposed Code amendment satisfies both State requirements for residential density bonus and certain of the City’s Housing Element implementation measures.

To qualify for the Density Bonus provisions, a housing developer must propose to construct at least:

* 20 percent of the total units of a housing development for lower income households, as defined in the City’s Housing Element; or

* 10 percent of the total units of a housing development for very low income households, as defined in the City’s Housing Element; or

* 50 percent of the total dwelling units of a housing development for senior citizens or other persons eligible to reside in Senior Citizen Housing as defined in the Code.

Applicants that satisfy any of the above criteria are then eligible for a Density Bonus and at least one concession or incentives. 

Community Development Director Barr reported a Negative Declaration was prepared for this project and the public review period extended from January 23, 2004 to February 13, 2004.  He advised The City’s Planning Advisory Committee (PAC) reviewed and discussed the proposed Zoning Code Text Amendments at their January 8, 2004 meeting and voted unanimously to recommend approval of the density bonus provisions to City Council.    Staff responded to procedural questions regarding administration of a density bonus program from the Council.

The Public Hearing was opened.

There were no requests to speak.

City Clerk Condon reported the only written comments received were from the Southern California Association of Governments as reported by Community Development Director Barr.

The Public Hearing was closed.

Moved by Councilmember Hack, seconded by Councilmember McLaughlin, and carried unanimously to approve the first reading of an Ordinance amending the City of Laguna Woods Zoning Code entitled:

AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, AMENDING THE LAND USE AND DEVELOPMENT CODE (ZONING CODE) BY AMENDING SECTION 18.60.020 AND ADDING RESIDENTIAL DENSITY BONUS STANDARDS TO ENCOURAGE THE DEVELOPMENT OF LOW AND VERY LOW INCOME HOUSING UNITS

VIII. CITY COUNCIL

8.1 Advisory Committee Appointments

Moved by Councilmember McLaughlin, seconded by Councilmember Bouer, and carried unanimously to appoint Florice Barnett (McLaughlin) to the Community Services Committee.

IX.   CITY MANAGER’S REPORT

City Manager Keane reported the February Vehicle License Fee check was received and included the backfill.  She reported on SB 1057 which would provide additional backfill money to hardship communities and which was unanimously approved by the Assembly Budget Committee.

9.1 El Toro Road Tree Relocation Project, Willow Tree Shopping Center to Paseo de Valencia.

Assistant City Manager Reilly discussed the El Toro Road Tree Relocation project which will relocate ten Magnolia trees to behind the wall in United Laguna Hills Mutual as they will no longer fit within the new parkway area. The landscape architect estimated the cost for relocation at approximately $60,000 based on information from an experienced and reputable tree relocation firm.  The project was first bid in December and the two bids received were rejected as excessive. The project was rebid and no bids were received.

Since no bids were received, Section 20166 of the State Public Contracts Code permits the City Council to award a contract without further complying with bid requirements. Valley Crest Tree Company provided the initial cost estimate for this project and is willing to perform the work according to its estimate.

Moved by Councilmember Hack, seconded by Councilmember McLaughlin, and carried unanimously to award a contract to Valley Crest Tree Company, in the amount of $43,790, plus authorized change orders not to exceed 15% of the base amount; and authorize the City Manager to execute a contract and approve change orders, subject to approval of the contract as to form by the City Attorney.

9.2 Senior Non-Emergency Medical Transportation Program

The Senior Non-Emergency Medical Transportation Program will provide transportation via taxi (California Yellow Cab) to doctors appointments, medical tests, out-patient surgery and discharge from emergency room for residents who are 60 years or older and are not qualified for the ACCESS program.  Travel will be available within the County of Orange and to and from the Long Beach Veterans Hospital. Trips will not be provided to locations within the city limits.

Staff worked with County Office on Aging staff to develop appropriate policies and procedures for the implementation for the senior non-emergency transportation programs. Service areas include five travel zones and fees that range from $2.00 to $15 per one way trip.  Since this program requires that trips for the most economically disadvantaged in the city be accommodated, lower fees have been identified for the first four zones for individuals who meet the “extremely low income” state guideline.

The grant award includes the hiring of a part-time (20-30 hours) staff transportation coordinator. This individual will qualify and enroll program participants, schedule rides, maintain statistical information and prepare required administrative reports. The proposed (and approved) salary for this position is $22 - 25/hour, plus partial benefits. This position will be hired on a one year contract basis.  Staff answered questions regarding benefits.  Discussion was held on providing trips within the city limits. 

Moved by Councilmember Bouer, seconded by Mayor Pro Tem Ross, and carried unanimously to

A. Authorize the City Manager to hire a one-year contract part-time Transportation Coordinator to implement and manage the City’s senior non-emergency transportation program.

B. Approve the 2004 senior non-emergency transportation rate schedule as identified on Attachment A.

XI. CITY ATTORNEY’S REPORT

Deputy City Attorney Wohlenberg reported everything was fine with the city.

XII.  COMMITTEE REPORTS

12.1 El Toro Reuse Planning Authority (Councilmember Hack)

Councilmember Hack provided an update on the El Toro Reuse and stated several agencies are planning to sue the LAFCO determination.

12.2  Orange County Corridor Authorities (Councilmember Hack)

Mayor Hack discussed the merger between the San Joaquin and Foothill Eastern toll roads.  A vote is scheduled for tomorrow and must have 16 out of 21 to succeed.

12.3  Vector Control District (Councilmember Bouer)

Councilmember Bouer advised they are continuing to search for a new General Manager and that state funding for the fire ant program has been eliminated. The District is asking cities for money.  Laguna Woods has been unable to respond due to the budget issues.

12.4  Library Board (Councilmember McLaughlin)

Councilmember McLaughlin reported there was no meeting.  She advised the American Library Association has awarded the John Cotton Dana Library Public Relations Award to the Orange County Public Library for 2004.  She reported on Fiscal Year 2002-03 accomplishments and use figures.

12.5  Orange County Fire Authority (Mayor Pro Tem Ross)

Mayor Pro Tem Ross reported there will be a meeting on Thursday.

12.6  Laguna Canyon Foundation (Mayor Ring)

Mayor Ring reported the Nix Nature Center will have groundbreaking on May 22.  He will furnish more details later.

12.7 Coastal Greenbelt Authority (Mayor Ring)

Mayor Ring reported they did not have a meeting. 

XII. PUBLIC COMMENTS

Karen Wood, President of the Leisure World Cat Club, presented Council with proposals to provide shelter services to both dogs and cats.

XIII. CITY COUNCIL COMMENTS AND ANNOUNCEMENTS

May Pro Tem Ross reminded everybody to vote on March 2.

Mayor Ring briefly mentioned a potential initiative being drafted by the League of Cities.  Deputy City Attorney Wohlenerg reported it was still in the process and reminded Council to stay within the legal guidelines.

XIV.  CLOSED SESSION

There was no closed session.

XV.  ADJOURNMENT

The meeting was adjourned at 3:40 p.m.  A Regular Meeting of the City Council will be held at 2:00 p.m. March 17, 2004 at Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92653.

____________________________________________

SUSAN M. CONDON, City Clerk

Adopted:  March 17, 2004

______________________________________________

ROBERT B. RING, Mayor

ATTACHMENT A

TRAVEL ZONES AND PARTICIPANT FEES

Participants must be 60 years or older and not qualified for the ACCESS program, unless a prior approved exception exists.

All trips are outside city limits; travel is available only in Orange County and to the Long Beach Veterans Hospital.

Zone #      Area Covered                                    Fee

Base Residential Fees

One         up to 5 miles from city limits                  $ 3.50

Two         6 to 10 miles from city limits                  $ 5.00

Three       11 to 20 miles from city limits                 $ 7.00

Four        21 to 25 miles from city hall                   $10.00

Five        26 or more miles from city hall                 $15.00

Extremely Low Income Resident Fees

One         up to 5 miles from city limits                  $ 2.50

Two         6 to 10 miles from city limits                  $ 2.50

Three       11 to 20 miles from city limits                 $ 3.50

Four        21 to 25 miles from city hall                   $ 5.00

Five        26 or more miles from city hall                 $15.00