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CITY OF LAGUNA WOODS CALIFORNIA
CITY COUNCIL MINUTES
December 21, 2005
I. CALL TO ORDER
Mayor Ross 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: Hack, Ring, Robbins, Bouer, Ross
STAFF PRESENT: City Manager Keane; Assistant City Attorney McEwen; City Clerk Condon; Assistant City Manager Reilly
V. CITY PROCLAMATIONS
Moved by Councilmember Ring, seconded by Councilmember Hack and carried unanimously to approve Proclamation 5.1.
5.1 Commendation – David Guerrero
VI. CONSENT CALENDAR
Moved by Councilmember Hack, seconded by Councilmember Robbins and carried unanimously to approve Consent Calendar items 6.1 through 6.8.
6.1 Approved the City Council minutes from the regular meeting of November 16, 2005.
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 Treasurer’s Report
Received and Filed the November 2005 monthly Treasurer’s Report.
6.4 Warrant Register
Approved the December 21, 2005 Warrant Register in the amount of $516,098.63.
6.5 National Incident Management System
Approved establishing the National Incident Management System (NIMS) as the City’s emergency response protocol by Resolution No. 05-25, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM
6.6 El Toro Road Golf Cart Path Project
Awarded a contract to Belaire-West Landscape, Inc., in the amount of $43,600, plus authorized change orders not to exceed 15% of the base amount; and authorized the City Manager to execute a contract and approve change orders, subject to approval of the contract as to form by the City Attorney.
6.7 Moulton Smart Street Widening Project - Professional Services Agreement
Awarded a contract to Overland, Pacific and Cutler, Inc. in the amount of $69,600 for professional services related to the acquisition of public right of way for the Moulton Smart Street Widening project; and authorized the City Manager to execute a contract, subject to approval of the contract as to form by the City Attorney.
6.8 Notice of Completion - Macadee Electrical Construction, Inc.
A. Accepted project completion of a contract with Macadee Electrical Construction, Inc. for Citywide Emergency Vehicle Preemption System.
B. Released contract retention in the amount of $8,496.90, 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.
VII. PUBLIC HEARINGS
VIII. CITY COUNCIL
8.1 City Council Ethics Policy (agendized by Mayor Ross)
City Manager Keane noted Mayor Ross’ participation on the League of California Ethics Task Force and presented a proposed ethics policy for councilmembers and members of City Council advisory committees. Mayor Ross discussed the issues identified by the Ethics Task Force and recommended approval of the proposed policy.
Councilmember Hack stated that he felt adoption of Code would not necessarily produce ethical behavior, but expressed his support for approval.
Moved by Mayor Ross, seconded by Mayor Pro Tem Bouer and carried unanimously to adopt the ethics policy for City Councilmembers and Council appointed committee members.
8.2 Telecommunications Ad Hoc Committee (agendized by Councilmembers Hack and Ring)
Councilmembers Hack and Rink advised that both the state and federal government are considering legislation that could make changes to telecommunications policy and the City’s ability to regulate use of public rights of way. Councilmembers Hack and Ring felt the City must actively review and discuss the full range of issues associated with telecommunications to assure that residents, local businesses and the City are protected. They recommended an ad hoc committee be formed.
Moved by Councilmember Robbins, seconded by Mayor Pro Tem Bouer and carried unanimously to appoint an ad hoc committee consisting of Councilmembers Bert Hack and Bob Ring to investigate and make recommendations on matters related to telecommunications.
8.3 City Council Reorganization
Moved by Councilmember Hack, seconded by Councilmember Ring and unanimously carried to appoint Bob Bouer as Mayor.
Moved by Councilmember Ring, seconded by Councilmember Ross and unanimously carried to appoint Milt Robbins as Mayor Pro Tem.
IX. CITY MANAGER’S REPORT
9.1 Laguna Woods Smoking Restrictions
City Manager Keane advised the City adopted a smoking ordinance in August 2004. Staff has since received complaints from residents about smoking in carports and on private balconies/patios and, therefore; staff is requesting direction from Council regarding modifications to the current regulation.
Beverly Gandall, resident, stated that as a breast cancer survivor, she is very concerned about residents smoking on private balconies and in carports. She advised that a neighbor smokes on his balcony and the smoke drifts into her residence. She requested Council consider modification to the current smoking ordinance to not allow smoking on private balconies and in carports.
Councilmembers advised they understood and sympathized with Ms. Gandall, but expressed concern about limiting smoking on private balconies and discussed the difficulty of enforcing the current regulations.
City Manager Keane discussed enforcement procedures and answered questions.
Council further discussed smoking on private balconies and carports. Council directed staff to look at the possibility of prohibiting smoking in common use areas such as carports, and come back with suggestions for further modification to the existing ordinance.
9.2 Neighborhood Streetlight Remetering and Replacement Project
Assistant City Manager Reilly advised that the project was advertised for bids in accordance with the Public Contract Code, but that no bids were received. State law permits the City Council to award a contract without further complying with bid requirements. Staff recommended that W.E.C. Electric, who previously remetered and performed electrical work on United streetlights, be awarded the project.
Moved by Mayor Pro Tem Robbins, seconded by Councilmember Hack and carried unanimously to approve the following:
A. Awarded a contract to W.E.C. Electric, Inc., in the amount of $71,927, plus authorized change orders not to exceed 10% of the base amount; and authorized the City Manager to execute a contract and approve change orders, subject to approval of the contract as to form by the City Attorney.
B. Authorized the City Manager to execute a Bill of Sale, Streetlight Remetering Agreement and Streetlight Maintenance and Operations Agreement with the Golden Rain Foundation for five streetlights and Third Laguna Hills Mutual for 31 streetlights.
9.3 City Investment Policy
Assistant City Manager Reilly discussed the City’s Investment Policy. He advised the only change proposed to the policy was to allow the City’s primary bank to invest funds not required for immediate cash flow needs in overnight U.S. government securities.
Moved by Councilmember Hack, seconded by Councilmember Ross and carried unanimously to adopt Resolution No. 05-26 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, ACKNOWLEDGING THE REVIEW, RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY
X. CITY ATTORNEY’S REPORT
Assistant City Attorney McEwen advised that a public entity who allowed public comments of up to three minutes, reduced the time at one meeting to two minutes due to the large number of speakers. A law suit claiming a violation of the Brown Act was brought against them. However, it was determined the reduction was not a violation of the Brown Act and the public entity was within its rights to restrict the agenda to control the meeting.
XI. COMMITTEE REPORTS
11.1 El Toro Reuse Planning Authority (Councilmember Hack)
Councilmember Hack provided an update.
11.2 San Joaquin Corridor Authority (Councilmember Hack)
Councilmember Hack reported that the negotiated agreement had been signed and provided details.
11.3 Vector Control District (Mayor Bouer)
Mayor Bouer advised a video regarding mosquitoes will be distributed around the County. He also introduced Vector Control District Manager Gerard Goedhart.
11.4 Library Board (Mayor Pro Tem Robbins)
Mayor Pro Tem Robbins advised no meeting was scheduled. Starting in February, the Laguna Woods Library hours will be expanded to 10 am to 4 pm.
11.5 Orange County Fire Authority (Councilmember Ross)
Councilmember Ross advised about various items discussed at the prior OCFA board meeting.
11.6 Laguna Canyon Foundation (Councilmember Ring)
Councilmember Ring advised the foundation was poured and the Nix Foundation will be soliciting donations.
11.7 Coastal Greenbelt Authority (Councilmember Ring)
Councilmember Ring advised there was no meeting.
11.8 Measure M. Supercommittee
Councilmember Ross provided a brief update on Measure M.
XII. PUBLIC COMMENTS
Mary Wall, resident, requested Council designate funds for a wall along the southside of El Toro Road as had been promised. City Manager Keane advised that this project had been in an early City work plan and was removed. Council had directed staff to continue to look for money, but no grant funds were currently available.
XIII. CITY COUNCIL COMMENTS AND ANNOUNCEMENTS
Councilmember Ring advised he had received a letter from a resident, Harry Rockey, who requested Council put a measure on the ballot at the next election to change the name of the City to Leisure World. There was no discussion on the request.
Council recessed to closed session at 3:20 p.m.
XIV. CLOSED SESSION
A. The City Council met in closed session with its designated representative Leslie A. Keane, pursuant to California Government Code Section 54957.6, regarding the compensation of its unrepresented employees - all position classifications of the City of Laguna Woods
B. The City Council met in closed session, pursuant to California Government Code Section 54957(b), to conduct a performance evaluation of its City Manager.
C. The City Council met in closed session with its designated representative City Attorney Stephen A. McEwen, pursuant to Government Code Section 54957.6, regarding the compensation of its unrepresented employee – City Manager Leslie A. Keane
Council reconvened at 4:00 p.m. Assistant City Attorney McEwen advised there was no reportable action
XV. CITY MANAGER’S REPORT (Cont.)
15.1 Employee Compensation
Moved by Councilmember Hack, seconded by Councilmember Ross and unanimously carried to approve Resolution No. 05-27 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA WOODS, CALIFORNIA, RESCINDING RESOLUTION NO. 04-21 AND 05-13, AND ESTABLISHING A COMPENSATION SCHEDULE FOR CITY EMPLOYEES
B. Approved a restated employment agreement with City Manager Leslie A. Keane
The meeting was adjourned at 4:05 p.m. to a Workshop on January 13, 2006, at 2:00 p.m. at UCLA Conference Center, 850 Willow Creek Road, Lake Arrowhead, CA.
The next regular meeting will be at 2:00 p.m. on January 18, 2006 at the Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA 92637.
SUSAN M. CONDON, City Clerk
Adopted: January 18, 2006
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ROBERT BOUER, Mayor