Minutes - October 17, 2007
CITY OF LAGUNA WOODS, CALIFORNIA
CITY COUNCIL MINUTES
October 17, 2007
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
Mayor Pro Tem Hack led the flag salute.
III. ROLL CALL
COUNCILMEMBERS: PRESENT: Bouer, Ring, Ross, Hack, Robbins
STAFF PRESENT: City Manager Keane; City Attorney McEwen; City Clerk Condon
City Manager Keane reported that the Laguna Woods Canine Club has offers the City a donation of $1,000 to be used for the purchase of disaster supplies for animals.
Moved by Councilmember Ross, seconded by Councilmember Ring and carried unanimously to accept a $1,000 donation from the Laguna Woods Canine Club for the purchase of disaster supplies for animals.
V. CITY PROCLAMATIONS
Moved by Councilmember Ring, seconded by Mayor Pro Tem Hack and carried unanimously to approve City Proclamation 5.1. .
5.1 Commendation – Bernice Huizenga – 100th Birthday – October 24, 2007
VI. CONSENT CALENDAR
Moved by Councilmember Ross to approve the consent calendar. Mayor Pro Tem Hack amended the motion, seconded by Councilmember Ring and carried unanimously to remove item 6.1 from the consent calendar since he was not present at that meeting Moved by Councilmember Bouer, seconded by Councilmember Ring and carried unanimously to approve Consent Calendar items 6.2 through 6.10.
6.2 Approved amendment to City Council minutes from the regular meeting of July 18, 2007.
6.3 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.
6.4 Received and filed September 2007 monthly Treasurer’s Report.
6.5 Approved the October 17, 2007 Warrant Register in the amount of $509,665.68.
6.6 Notice of Completion: El Toro Road Pavement Rehabilitation Projects
A. Accepted project completion of a contract with All American Asphalt for two pavement rehabilitation projects:
1) El Toro Road from Avenida Sevilla to Paseo de Valencia (STPL–5476 (005)), and
2) El Toro Road from Calle Sonora to west of Moulton Parkway (STPL-5476 (004)).
B. Released contract retention in the amount of $62,959.07 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 Transportation Development Act Funding
Adopted Resolution No. 07-20 authorizing an application for Transportation Development Act funds for the El Toro Road/Aliso Creek Road Intersection Improvements, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, AUTHORIZING APPLICATION FOR FUNDS FOR THE TRANSPORTATION DEVELOPMENT ACT (TDA) PROGRAM FOR THE EL TORO ROAD/ALISO CREEK ROAD SIDEWALK AND PEDESTRIAN ENHANCEMENT PROJECT
6.8 Transportation Enhancement Funding
Adopted Resolution No. 07-21 authorizing an application for federal Transportation Enhancement funds for the El Toro Road/Aliso Creek Road Intersection Improvements, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, AUTHORIZING APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT (TE) PROGRAM UNDER THE 2005 SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT, TRANSPORTATAION ACT-LEGACY FOR USERS FOR THE EL TORO ROAD/ALISO CREEK ROAD LANDSCAPING ENHANCEMENT PROJECT
6.9 Acquisition of Permanent Retaining Wall Easement and Temporary Construction Easement Deeds ? Craig Family Trusts
Approved an agreement with Craig Family Trusts for City acquisition of permanent retaining wall easement and temporary construction easement deeds at Moulton Parkway and El Toro Road related to the Moulton Smart Street Widening project; and authorized the City Manager to execute an agreement, subject to approval of the agreement as to form by the City Attorney.
6.10 Acquisition of Street and Highway Easement, Permanent Retaining Wall Easement, Soil Nail Easement and Temporary Construction Easement Deeds ? Extra Space of Laguna Hills, LLC
Approved an agreement with Extra Space of Laguna Hills, LLC for City acquisition of street and highway easement, permanent retaining wall easement, soil nail easement and temporary construction easement deeds at Moulton Parkway just north of El Toro Road; and authorized the City Manager to execute an agreement, subject to approval of the agreement as to form by the City Attorney.
Moved by Councilmember Ring and seconded by Councilmember Bouer and carried on a vote a 4-0-1 (Hack) to approve Consent Calendar item number 6.1
6.1 Approved City Council minutes from the regular meeting of September 29, 2007.
VII. PUBLIC HEARINGS
VIII. CITY COUNCIL
8.1 November Council Meeting Schedule
City Manager Keane advised that the November meeting was scheduled for the 21st, which was the day before Thanksgiving. Also, since the building and fire codes needed to be reviewed and adopted prior to December 1 so that they were effective by January 1, 2008, there would need to be a second meeting in November.
Moved by Mayor Pro Tem Hack, seconded by Councilmember Ring and carried unanimously to reschedule the regular November 2007 City Council meeting to November 14, 2007 and add a second November meeting on November 29, 2007.
8.2 Local Campaign Contribution Limits
City Manager Keane advised that Laguna Woods Municipal Code Section 1.14.030, which was adopted on December 20, 2000, limits contributions to $250 per person, per election. There has been some discussion by the Attorney General’s office that, unless specified differently, campaign contributions may apply to candidate contributions from their personal funds. She advised that the proposed ordinance would clarify the issue.
Councilmember Ring expressed the concern that spousal property could be separated for estate planning and the proposed ordinance would not allow contributions from a separate account of more than $250. City Manager Keane and City Attorney McEwen concurred that the proposed ordinance would not allow a contribution of more than $250 in that situation.
Mayor Pro Tem Hack expressed his concern that he did not feel the amendment was needed as state law allowed a candidate to contribute up to $1,000. City Manager Keane concurred, but stated the proposed ordinance affected campaign committees once the $1,000 threshold had been reached.
Moved by Mayor Pro Tem Hack, seconded by Councilmember Ring and carried unanimously to approve the introduction and first reading of an ordinance entitled:
AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA AMENDING SECTION 1.14.030 OF THE LAGUNA WOODS MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTION LIMITS
8.3 City Advisory Committee Appointments
City Manager Keane advised that Mayor Pro Tem Hack nominated Ken Min to the Human Relations 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 Mayor Pro Tem Hack, seconded by Councilmember Ross, and carried unanimously to appoint Richard Min to the Human Relation Committee.
IX. CITY MANAGER’S REPORT
9.1 Golden Rain Foundation Cable Television Franchise
City Manager Keane advised that the Golden Rain Foundation cable franchise would expire in 2009. However, after January 1/ 2008 a new state law would not allow the city to issue a franchise. The Golden Rain Foundation had applied for a new 30 year franchise. Some of the terms were discussed and City Manager Keane advised that staff and the Golden Rain Foundation were close to reaching an agreement. The Municipal Code calls for a public hearing for a new cable franchise and the proposed resolution would schedule a public hearing for November 29.
Moved by Councilmember Bouer, seconded by Councilmember Ross and carried unanimously to adopt Resolution No. 07-22 setting a public hearing for the proposed Golden Rain Foundation cable television franchise, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, SETTING A PUBLIC HEARING FOR CONSIDERATION OF A CABLE FRANCHISE AGREEMENT BETWEEN THE GOLDEN RAIN FOUNDATION AND THE CITY OF LAGUNA WOODS
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)
Mayor Pro Tem Hack discussed the possible merger of both TCA’s and that the extension of 241 south of San Clemente is before the Coastal Commission at this time.
11.2 Southern California Water Committee (Mayor Pro Tem Hack)
Mayor Pro Tem Hack advised that the SCWC is an educational and lobbying entity for eight counties in southern California and discussed the water supply and lack of water. He advised he has been appointed to the Executive Committee.
11.3 Vector Control District (Councilmember Bouer)
Councilmember Bouer advised that vectors were under control and there would be a meeting on Thursday.
11.4 Library Board (Mayor Robbins)
Mayor Robbins reported there had been a meeting on October 11th which reviewed maintenance spending for library buildings and requests for increases in fees.
11.5 Orange County Fire Authority (Councilmember Ross)
Councilmember Ross advised the fire authority was working on the extension of the Orange County Fire Authority Joint Powers Agreement and discussed the OCFA Wellness & Fitness Program (WEFIT) and reported they had received an award for the program.
11.6 Laguna Canyon Foundation (Councilmember Ring)
Councilmember Ring reported there would be a celebration on November 3 at the Nix Nature Center and invited everyone to come see the progress.
11.6 Coastal Greenbelt Authority (Councilmember Ring)
Councilmember Ring advised there was nothing to report.
XII. PUBLIC COMMENTS
Lucy Falk, resident, congratulated Mayor Pro Tem Hack on his appointment to the Executive Committee of the Southern California Water Committee.
Kay Margason, resident, asked Councilman Bouer whether mosquitoes were a problem in Laguna Woods. Councilmember Bouer replied that he didn’t believe mosquitoes were a vector that falls under responsibility of the Vector Control District.
XIII. CITY COUNCIL COMMENTS AND ANNOUNCEMENTS
Mayor Robbins recommended residents get their flu shot.
City Manager Keane reported the City would be participating in a health department free flu shot program on November 2nd and flyers with further information were available at city hall. She also reported on the City Government 101 program, upcoming CERT academies, the Greening of the Woods blue ribbon committee and the permit amnesty program.
Councilmember Ross discussed the down with falls program she is working on.
XIV. CLOSED SESSION
The meeting was adjourned at 2:48 p.m. The next meeting will be at 2:00 p.m. on November 14, 2007 at the Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA
SUSAN M. CONDON, City Clerk
Adopted: November 14,, 2007
MILTON ROBBINS, Mayor