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Minutes - September 17, 2008
CITY OF LAGUNA WOODS, CALIFORNIA
CITY COUNCIL MINUTES
October 15,, 2008
I. CALL TO ORDER
Mayor Pro Tem 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 Ross led the flag salute.
III. ROLL CALL
COUNCILMEMBERS: PRESENT: Bouer, Robbins, Ross, Ring,
STAFF PRESENT: City Manager Keane; City Attorney McEwen; Assistant City Manager Reilly; City Clerk Condon
V. CITY PROCLAMATIONS
Moved by Councilmember Robbins, seconded by Councilmember Rpss and carried unanimously to approve City Proclamation 5.1.
5.1 Proclamation – Constitution Week – September 17-23, 2008
VI. CONSENT CALENDAR
Moved by Councilmember Ross, seconded by Councilmember Robbins, and carried unanimously to approve Consent Calendar Items 6.1 – 6.6.
6.1 City Council minutes from the regular meeting of September 17, 2008
Approved City Council minutes from the regular meeting of September 17, 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 Treasurer’s Report
Received and Filed August 2008 monthly Treasurer’s Report.
6.4 Warrant Register
Approved the September 17, 2008 Warrant Register in the amount of $825,803.22.
6.5 December Holiday Schedule
Authorized closure of City Hall between December 24, 2008 and January 4, 2009.
VII. PUBLIC HEARINGS
7.1 Medical Marijuana Dispensaries
City Manager Keane provided a brief overview of the information presented at the August 20, 2008 Council meeting regarding medical marijuana dispensaries (MMD). She advised that at that meeting, Council approved the introduction and first reading of two ordinances; one which would prohibit MMDs and the second which would regulate the location and operation of MMDs in the City. She advised that she had received a number of calls and one written comment on the issue and all have been favorable.
The Public Hearing was opened.
Alvin Sartain, Jeri Painter, Lonnie Painter, Michael Curtis, residents, all spoke in favor of MMDs. Mike Curtis requested clarification of primary caregiver.
City Manager Keane advised that a primary caregiver, as defined by the CA Health and Safety Code, may act on behalf of a patient. A primary caregiver may represent more than one patient if the caregiver lives in the county. If a caregiver lives outside the county, they may only represent one patient.
Shari Horne, resident, spoke in favor of MMDs and the income from taxes.
City Manager Keane advised there would not be sales tax on this type of transaction.
Marilynn Sortino, resident, expressed surprise that there were not more people in attendance and advised that most people she talked with did not support MMDs in the City.
Jim Kane, resident, advised that he initially opposed MMDs, but now believed that both proposed ordinances prohibited MMDs.
The Public Hearing was closed.
Councilmember Bouer advised that at the last meeting he spoke in opposition and he has received a lot of information since that time. He briefly discussed the robbery at a Laguna Niguel MMD. He stated that having a dispensary in the City could bring crime to the community.
Mayor Pro Tem Ring stated that robberies have happened at local banks and pharmacies and discussed a letter received from a resident supporting MMDs.
Mayor Hack stated that if there were no restrictions in place, the City would not be able to do anything about dispensaries that open up and he was concerned that the City could be sued either for banning or allowing MMDs. He stated he wanted to make MMDs available to those who needed to obtain marijuana for a legitimate purpose.
There was discussion regarding the restrictive guidelines and City Manager Keane advised that the restrictions could be met.
City Attorney McEwen advised that it is the Attorney General’s opinion that state law is not trumped by federal law and that the Council was given two ordinances that were consistent with the State Attorney General guidelines. He did state that the City could be sued by anyone for anything.
Marty Rhodes, resident, questioned if there could be more than one dispensary in the City and was advised that there could be based on the zoning.
Moved by Councilmember Robbins, seconded by Mayor Pro Tem Ring, and as read by City Manager Keane, carried on a vote of 4-0-1 to adopt Ordinance No. 08-01 permitting and regulating the location and operation of medical marijuana dispensaries in the City of Laguna Woods:
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 13.10.020, ALLOWING THE CREATION OF MEDICAL MARIJUANA DISPENSARIES AND ESTABLISHING ASSOCIATED REGULATIONS
Ayes Councilmembers: Robbins, Ross, Ring, Hack
Noes: Councilmembers: None
Abstain: Councilmembers: Bouer
Councilmember Bouer was requested to state his reason for abstaining per City Council Rules of Decorum. He stated he was concerned about crime possibilities and was not convinced it was in the best interest of the City, but that he also did not want to go on record as opposing a regulation the rest of the Council supported.
7.2 General Plan Housing Element Update
City Manager Keane reported that comments were received from the California Housing and Community Development Department on the draft Housing Element and that additional time is required to reply to the comments. She recommended that the public hearing be continued until November 19, 2008. She provided a brief explanation of the history of the City’s Housing Element.
Mike Curtis, resident, advised he is member of Save Open Space and they are promoting the control of future development. He stated the Council had the power to declare the City built out.
City Manager Keane advised that staff would re-draft the Housing Element where necessary and then it would be reviewed by the Planning Advisory Committee prior to returning to Council for a public hearing. The City Attorney has been asked to report on the concerns of adopting a Housing Element that is not in conformance with state requirements.
Moved by Mayor Pro Tem Ring, seconded by Councilmember Robbins and carried unanimously to continue the Public Hearing to November 19, 2008.
VIII. CITY COUNCIL
IX. CITY MANAGER’S REPORT
9.1 Cleaning the Woods – Status Report
City Manager Keane advised that the City received a $20,000 grant from the County, and that the City’s first bulky item pickup would be Friday and Saturday, September 19-20. In conjunction with the bulky item pickup, the City will be celebrating Intercoastal Watershed Cleanup Day. There will be representatives from Goodwill, Ware and Curbside at City Hall on September 20th from 8:30 to 1:00 p.m. Residents can drop off items and they will be sorted and directed to the correct agency. There will also be refreshments and information from El Toro Water District and the Air Quality Control Board
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 public hearing would be held in Del Mar on the 241 extension.
11.2 Southern California Water Committee (Mayor Hack)
Mayor Hack advised that the southwestern United States is in a drought and noted that they are working with legislature to support certain bills supportive of peripheral canals in the California Delta.
11.3 Vector Control District (Councilmember Bouer)
Councilmember Bouer reported they are continuing the fight against the West Nile Virus and that the City had a total of 4 infected dead birds. He again 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. He complimented the Friends of the Library on the recent movie screening of 84 Charing Cross Road at City Hall and stated it was well attended.
11.5 Orange County Fire Authority (Councilmember Ross)
Councilmember Ross advised that there would be a meeting on Thursday. She thanked the representatives from the OCFA who attended the 9-11 Walk to City Hall.
11.6 Laguna Canyon Foundation (Mayor Pro Tem Ring)
Mayor Pro Tem Ring advised that at their September 4, 2008 meeting they passed a budget for 2008-09.
11.7 Coastal Greenbelt Authority (Mayor Pro Tem Ring)
Mayor Pro Tem Ring advised that they were scheduled to have a meeting on Thursday at City Hall.
XII. PUBLIC COMMENTS
Mark Stein, resident, discussed the Greening of Laguna Woods and advised that a draft of the report was available at City Hall and the City website and comments would be appreciated. He also introduced himself as a candidate for council.
Mike Curtis, resident, invited everyone to the Save Open Space (SOS) meeting on October 5 at Clubhouse 1. He advised that SOS is interested in saving open space and they have endorsed three candidates.
Ruth May, resident, advised she had received a copy of the Greening Report and was very impressed.
City Manager Keane advised the Greening committee is advisory to staff and comprised of various community stakeholders. There is a public meeting scheduled for Tuesday, September 30, 2008 at City Hall to receive comments from the public on the report. The report, with any revisions, will be brought back to Council in January or February.
Jim Kane, resident, commended everyone on the 9-11 Walk.
XIII. CITY COUNCIL COMMENTS AND ANNOUNCEMENTS
Mayor Pro Tem Ring reminded everyone that there was a meet the candidates at City Hall on Monday at 6:00 p.m. He asked that the City Council candidates attending the meeting introduce themselves: Marty Rhodes, Marilynn Sortino, Bob Tucker, Jim Kane, Mark Stein, Margo Bouer, Brenda Ross, Milt Robbins introduced themselves.
Councilmember Ross reminded everyone that Fall Awareness Week was September 21-27.
Councilmember Robbins provided an explanation for the smells coming from Barbers Lake.
Mayor Hack reported that the League of Cities annual meeting would be in Long Beach and Brenda Ross would be attending and voting on behalf of the City.
XIV. CLOSED SESSION
Council recessed into closed session at 3:25 p.m.
City Council met in closed session pursuant to Government Code Section 54956.8, to give direction with respect to the acquisition of Real Property:
Property: Located adjacent to Moulton Parkway between Campo Verde and Santa Maria Avenue in Laguna Woods
Agency Negotiator: Leslie A. Keane and Douglas C. Reilly
Negotiating Party: Golden Rain Foundation
Under Negotiation: Instruction to negotiator regarding price
Council reconvened at 3:45 p.m. and advised there was no reportable action.
The meeting was adjourned at 3:46 p.m. The next meeting will be at 2:00 p.m. on October 15, 2008 at the Laguna Woods City Hall, 24264 El Toro Road, Laguna Woods, CA
SUSAN M. CONDON, City Clerk
Adopted: October 15, 2008
BERT HACK, Mayor
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