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CITY OF
CITY COUNCIL MINUTES
REGULAR MEETING
I. CALL TO ORDER
Mayor Hack called the Regular Meeting of the City Council of the City of
II. FLAG SALUTE
American Legion Post 257, provided a color guard for the flag salute. Mayor Pro tem Ring led the Flag salute.
III. ROLL CALL
COUNCILMEMBERS PRESENT: Bouer, McLaughlin, Ross, Ring, Hack
ABSENT: None
STAFF PRESENT: City Manager Keane; Deputy City Attorney Morgan; City Clerk Condon; Assistant City Manager Reilly; Community Director Barr;
IV. PRESENTATIONS
4.1 American Legion - Dedication of City Hall Public Safety Display
Don McIntosh from American Legion Post 257 presented proclamations to the Orange County Fire Department and the Orange County Sheriff. He also thanked Mr. Smaltz for the items he donated and presented him with a proclamation. Mayor Hack accepted a gift to the City on behalf of veterans.
4.2 California Department of Fish and Game – Senior Volunteer Program
Officer Kent Smirl thanked City Manager Keane for the encouragement and assistance received in starting up this new senior volunteer program with the City. He introduced the new Fish and Game Senior Volunteers who will be stationed at City Hall and explained the training program they were required to take.
V. CITY PROCLAMATIONS
Moved by Mayor Pro Tem Ring, seconded by Councilmember Ross and carried unanimously to adopt Proclamations 5.1 through 5.4.
5.1 Certificate of Commendation – June Konrad - 100 Years Old
5.2 Proclamation – National Volunteer Week – April 27th –
5.3 Proclamation – Fair Housing Month – April 2003
5.4 Proclamation – Clean Air Month – May 2003
VI. CONSENT CALENDAR
City Manager Keane requested the removal of item 6.5 from the Consent Calendar for discussion. Councilmember McLaughlin mentioned a minor revision to the minutes had been received by Council prior to the meeting.
Moved by Councilmember Bouer, seconded by Councilmember McLaughlin, and carried unanimously to approve Consent Calendar items 6.1 through 6.7, excluding item 6.5 which will be discussed at the end of the Consent Calendar.
6.1 Approved City Council Minutes from the regular meeting of
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 March 2003 monthly Treasurer’s Report.
6.4 Approved the April 16, 2003 Warrant Register in the amount of $293,374.51.
6.6 Transportation Enhancement Activities Grant Program
The following resolutions were adopted:
Resolution No. 03-07: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, AUTHORIZING AN APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITY (TEA) PROGRAM UNDER THE 1998 TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY FOR THE EL TORO ROAD MULTI-MODAL TRAIL/SIDEWALK PROJECT
Resolution No. 03-08: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, AUTHORIZING AN APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITY (TEA) PROGRAM UNDER THE 1998 TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY FOR THE EL TORO ROAD MULTI-MODAL TRAIL/SIDEWALK LANDSCAPING ENHANCEMENT PROJECT
Resolution No. 03-09: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, AUTHORIZING AN APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITY (TEA) PROGRAM UNDER THE 1998 TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY FOR THE MOULTON PARKWAY BIKE TRAIL AND SIDEWALK PROJECT
Resolution No. 03-10: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, AUTHORIZING AN APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITY (TEA) PROGRAM UNDER THE 1998 TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY FOR THE MOULTON PARKWAY LANDSCAPING ENHANCEMENT PROJECT
6.7 Via Campo Verde Traffic Signal
A. City Council accepted project completion of a contract with Steiny and Company, Inc. for traffic signal installation at Via Campo Verde and Moulton Parkway.
and
B. Released contract retention in the amount of $15,270.72 (10%) withheld per government code within 35 days following recordation of Notice of Completion with the County of Orange.
and
C. Exonerated project posted bonds within 35 days following recordation of Notice of Completion with the County of Orange.
6.5 Mayor Pro Tem Ring thanked staff and the Planning Advisory Committee for their work on the Zoning Code. He advised that after further discussion with staff he concurred with the recommended building height.
City Manager Keane advised that a concern had been raised by a member of the public whether a variance rather than a use permit is required to change maximum building height in open space. She advised that staff believes a use permit is permitted.
Deputy City Attorney Morgan discussed 18.20.315 Note 1 on page 39 Note 1 relating to the Open Space Development Standards and stated the Note allows a use permit to change a building height. She further stated this was consistent with 18.50.010 as the note in the table under 18.20.315 specifically relates to a use permit.
City Manager Keane advised that Andy Culbertson from Culbertson and Adams had requested to speak on consent calendar item 6.5. Andy Culbertson advised that Culbertson and Adams represented the Golden Rain Foundation. She expressed concern that 18.20.315 Note 1 required a use permit to allow a deviation from the maximum building height. She felt that item 18.50.010 (a) did not allow the use of a use permit to deviate from the maximum building height and that 18.50.010 (c) variance permit would be required. She requested a change to 18.50.010 (a) to specifically state that a change to maximum building height would be allowed with a use permit.
Staff advised that 18.20.315 Note 1 specifically stated that a change would require a use permit and that 18.50.010 (a) did allow a use permit and did not feel a change was required. Mayor Hack advised that Council concurred with the current wording and stated they were on public notice that a use permit would be required and not a variance permit.
Moved by Mayor Pro Tem Ring, seconded by Councilmember McLaughlin, and carried unanimously to approve Consent Calendar item 6.5.
Ordinance No. 03-03 entitled: AN ORDINANCE OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ADOPTING A NEW ZONING CODE AND OFFICIAL ZONING MAP AND ADOPTING FINDINGS RELATING TO LICENSING AND OPERATIONAL STANDARDS FOR ADULT BUSINESSES AND ADULT PERFORMERS adopted
7.1 Morgan Stanley Sign Program (CUP-86)
Community Development Director Barr advised the applicant is seeking to establish a formal sign program for the Morgan Stanley building within the
The proposed signs will replace the text on existing wall signs and a monument sign with new text. The signs as proposed are located on the north, east, and west elevations and are oriented toward
The Public Hearing was opened.
City Manager Keane advised there were no requests to speak.
The Public Hearing was closed.
City Manager Keane advised there were no written comments
Moved by Councilmember McLaughlin, seconded by Councilmember Bouer, and carried unanimously to approve the following:
Resolution No. 03-11: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
Mayor Hack called a short recess at
The Council meeting resumed at
VIII. COUNCIL BUSINESS
8.1 Advisory Committee Appointments
City Clerk Condon advised there were two nominees for the Human Relations Committee. She also advised there were three openings on the Water Quality Advisory Committee.
Moved by Mayor Pro Tem Ring, seconded by Councilmember McLaughlin, and carried unanimously to appoint Clarita Karling (Ross) and Vicki Feldon (McLaughlin) to the Human Relations Committee.
IX. CITY MANAGER’S REPORT
9.1 Non-emergency Medical Transportation Grant Proposal
Assistant City Manager Reilly reported The Orange County Office on Aging (OoA) is funding innovative pilot programs to provide non-emergency medical transportation services to seniors throughout the county. Funds have been made available through a 1998 Master Settlement Agreement between tobacco product manufacturers and forty-six states and five territories in the
The OoA released a Request for Proposals (RFP) in March 2003 seeking applications for projects focused on inter-city non-emergency medical transportation services to seniors for one or two-year contract periods. Proposals are due by
Staff is proposing to apply to the OoA for a two-year grant to provide longer distance, subsidized, inter-city, non-emergency medical transportation services to residents most in need. In addition, the grant would support return trips home from hospital emergency rooms for residents who lack transportation home. The Medical Taxi Voucher service would be eligible to residents aged 60 and older who do not qualify for OCTA ACCESS service (a requirement of the grant), with preference given to those most in need. Fares would be established on a sliding scale based on distance and client qualifications, but would be kept affordable. The Medical Taxi Voucher program would require hiring a part-time contract employee who would coordinate with residents to qualify and use the service.
City Council allocation of the matching funds for this grant would reduce the Council Contingency reserve by $24,000, to $8,500.
Councilmember Ross expressed concern about requiring residents to qualify based on income. Staff advised they would work with the County to set the guidelines.
Councilmember McLaughlin expresses concern about the current and future cost of the program.
Moved by Councilmember Bouer and seconded by Councilmember Ross to approve the recommended action. Mayor Pro Tem Ring requested the motion be amended to approve the concept in general. The motion was amended by Councilmember Bouer and seconded by Councilmember Ross to approve the concept in general and carried 4 to 1 to authorize staff to submit an application to the Orange County Office on Aging for $112,500 in FY 03/04 and $99,000 in FY 04/05 in County Tobacco Settlement Revenue to provide coordinated, subsidized senior non-emergency medical trips through an expanded City Taxi Voucher Program;
ROLL CALL
AYES: COUNCILMEMBER: Bouer, Ross, Ring, Hack
NOES: COUNCILMEMBER: McLaughlin
ABSENT: COUNCILMEMBER: None
Discussion was held on the administration of the program. Moved by Mayor Hack and seconded by Councilmember Ross and carried 4 to 1 to charge fees for the new program based on a sliding income scale.
ROLL CALL
AYES: COUNCILMEMBER: Bouer, Ross, Ring, Hack
NOES: COUNCILMEMBER: McLaughlin
ABSENT: COUNCILMEMBER: None
Moved by Councilmember Bouer and seconded by Councilmember Ross and carried 4 to 1 to approve the allocation of $24,000 from the Council Contingency reserve to provide the required matching funds.
ROLL CALL
AYES: COUNCILMEMBER: Bouer, Ross, Ring, Hack
NOES: COUNCILMEMBER: McLaughlin
ABSENT: COUNCILMEMBER: None
9.2 Southern
In 2002, the California Coastal Conservancy funded the City’s purchase of a 10.6-acre parcel owned by Rossmoor Partners. Coastal Conservancy requirements for use of the property included access to coastal waters. The parcel is separated from the
County of Orange, City of Laguna Woods and Southern California staff have drafted a license agreement that would allow public access across SCE property within and adjacent to the City of Laguna Woods. The agreement will allow individuals to walk across the City’s Woods End nature preserve into the
Moved by Councilmember Bouer, seconded by Councilmember McLaughlin and carried unanimously to approve the following:
A. Authorized the City Manger to execute a license agreement with Southern California Edison (SCE) and the
and
B. Authorized the City Manager to execute an easement agreement with SCE for roadway access across City property (Woods End), subject to approval as to form by the City Attorney.
9.3 State Legislation Update
City Manager advised that staff is monitoring the following 10 proposed state bills. The bills being monitored are AB 210, AB 327, AB 613, AB 838, AB 1221, AB 1291, AB 1375, AB 1517, SB 115, and SB 120. Council concurred with staff’s recommendations.
X. CITY ATTORNEY’S REPORT
Deputy City Attorney Morgan reported everything was fine.
XI. COMMITTEE REPORTS
11.1
Mayor Pro Tem ring reported the Foundation met last week. He discussed the park bond issue that paid for Words End and other items.
11.2 Coastal
Mayor Pro Tem Ring reported they meet once a month. At the recent meeting they were provided with an update on the wilderness park with presentations on the interpretative center and area.
11.3
Mayor Hack reported the tax negotiations between
12.3
Mayor Hack reported formation has begun of an exploratory agency.
12.4 Vector Control District (Councilmember Bouer)
Councilmember Bouer reported there was nothing to report as the next meeting is tomorrow.
12.5 Library Board (Councilmember McLaughlin)
Councilmember McLaughlin reported the Library Board did not meet.
12.6
Councilmember Ross reported they have been talking about Homeland Security and the progress they have made.
XIII. PUBLIC COMMENTS
Resident Kay Mann advised Council of her problems with a contractor and the City’s permitting process. City Manager Keane provided Council with a brief overview of staff permitting procedures. Mayor Hack advised that as the item is in court, the City would not comment further.
Mary Stone updated Council on the Exercise Challenge and some of the recent events put on both by the City and Leisure World.
XIV. CITY COUNCIL COMMENTS AND ANNOUNCEMENTS
Councilmember Ross encouraged everyone to submit their time for the Exercise Challenge.
Mayor Hack advised that he would be agendizing at the May meeting a presentation pertaining to a tunnel from
XV. CLOSED SESSION
City Manager Keane reported there was no need for a closed session.
XVI. ADJOURNMENT
The meeting was adjourned at
____________________________________________
SUSAN M. CONDON, City Clerk
Adopted:
______________________________________________
BERT HACK, Mayor