Thursday, December 10, 2009

Laguna Hills City Council Meeting 12-08-09

FEATURES: New Mayor for 2010 sworn in, Comments from incoming and outgoing Mayors plus State of the City update.
** Presentations and Proclamations - Presentation and request for financial support for LHHS PTSA for "Every 15 Minutes" drinking and driving Program for Juniors and Seniors.
** Public Comments - Question from candidate for City Council in 2010, Barbara Kogerman, re. Planned Destruction of Public Records
** LHHS Student Liaison Report from Lisa Mc Corkell -
** Consent Calendar - List of City Council appointments of themselves to various agencies and committees and list of City Council appointments, under State Law, of citizens to Parks and Rec. and Traffic Commissions
** Items Removed from Consent Calendar - Refunds for Traffic Citations?
** City Council Public Hearings - 2 parcels located at the NE corner of Moulton and La Paz Rd
** Planning Agency Report and Public Hearing - NONE
** Administrative Reports - City is considering refinancing it's $17,650,000 debt which currently bears 4.5% interest.
** Other Business - None
** Matters Presented by Mayor & City Council Members -
** CLOSED SESSION - 3rd Closed Session for consideration of salary and benefits for the City Manager. There will be No Belt Tightening for this City Manager!
* Crime Watch Laguna Hills Report - in the Orange County Register Newspaper* Information,
* Questions, Concerns and Comments from Watch Dog Readers - Laguna Hills City Council Member Melody Carruth has called for Amendments to the City Manager's contract to plug Gaping Loopholes!!!
* How to Support the Adopted 3rd Battalion, 5th Marine Division
- Adopted by the City of Laguna Hills – UPDATE - We now have Holiday Collection boxes in City Hall and in the Community Center so everyone can drop off new unwrapped items for children and adults of the 3/5 Marine Battalion Marine Families through Dec. 21, 2009. Please help to make this Holiday Season a great one for our Adopted Marines!!! See more info. below.
* OC Register News Stories and blogs

* City Council Members Say the Darndest Things in Public - Memorable Quotes from City Council Members
* Reminders & Directions for - OC Register Newspaper Letters to the Editor,
* Contact information for the Laguna Hills City Council
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12/08/09 Laguna Hills City Council Meeting
All City Council Members were present
.

Remarks of Outgoing Mayor, Election of 2010 Mayor Randal Bressette, Resolution and Plaque presented to outgoing Mayor, Remarks of New Mayor, Election of New Mayor Pro Tempore - Craig Scott.

Outgoing Mayor Joel Lautenschleger's Remarks - Joel pointed to this last year as "the worst economic downturn since the Great Depression" and stressed how well the city has done fiscally especially related to the State Government. The city implemented a new 2 year budget. He said this city has one of the lowest administrative costs in the county on a per capita basis. He said this city has not grown into a bloated bureaucracy with needless commissions and needless committees. Related to safety Joel said that in Laguna Hills there are 5.68 deputies per 10,000 residents and is a safe city. He referred to refurbishment of some commercial centers as well. He added high praise for the small staff that services the city. He closed by saying that the city is in an excellent position due to it's leadership, forward thinking, hard work, shared vision, setting policies that are not based on special interests or regions, but principle centered leadership and sound decision making. Joel repeatedly referred to the process of creating the new City General Plan over the past 2 years. He said he saw a common theme developing and it was that people kept saying, "We like it the way it is" and they did not want anything to deteriorate.

Joel actually attended only one of the Public Meetings for the General Plan Update process (the Laguna Hills Watch Dog attended all the meetings) and what people frequently said on this subject was they did not want the Open Space and the Small Town Feeling to change for Laguna Hills.

Incoming Mayor Randal Bressette stated - Over the past 18 years the accomplishments have been impressive and the failures few and inconsequential. No time for complacency now. Creating a sense of community was and is essential. Designing and building the Community Center and Sports Park was one of the first major accomplishments and is the center of Laguna Hills' Culture and Sports. Must continue important relationship with school, high level of safety and fiscal responsibility. Can't bloat government or make poor financial decisions, must continue to work to retain existing business and attract new businesses. Need to keep an eye on Sacramento related to preventing them from taking city revenues. Looking forward to Urban Village Plan, waste management and recycling program and electricity and water conservation. Need to encourage water districts to improve our access to reclaimed water. City approved a 2009-2011 Capital Improvement Budget of over $14,000,000. La Paz widening at interstate 5 is the most important and expensive project at $5.3 million and must be monitored to be sure it is on time and on budget. City will be re-surfacing Laguna Hills Drive between Moulton Pkwy. and Paseo de Valencia. Funds from a federal Grant of $650 million primarily fund this project. Soccer fields are in poor repair and need work. Need more transparency and higher technology for communication in city government so looking into costs for publishing Staff Reports on line and web casting city council meetings. Need to develop a closer relationship with and provide greater benefits to our Adopted Marine Corps Unit. Look at safer smoke free environments and improve ability to enforce regulations there. At city council meetings members of city council and citizens must be treated with respect and follow the rules of decorum.

PRESENTATIONS AND PROCLAMATIONS – Presentation and request for financial support for LHHS PTSA’s “Every 15 Minutes” Program. Presentation from LHHS PTSA President Delores Winchell, Principal Sean Boulton and Assist. Principal Jake Haley

The LHHS PTSA in conjunction with the CHP are engaged in the State of CA. Office of Traffic Safety's "Every 15 Minutes" Program. This is a 2 day program, held on campus with focus on Juniors and Seniors to challenge them to think about dangers of drinking and driving. This statewide effort is funded by a State of CA. grant. The PTSA is requesting $2,500 in additional finances to support other program expenses not covered by the grant.
They also asked that Laguna Hills Dr. next to the High School be closed from 8:30 am to 1:00 pm on one of the days of the presentation to enhance the realism of this exercise that involved the 'Walking Dead" from a car crash, the expressions of grief for the lost students by friends and family, etc. Complete program costs are reported to be about $17,000. A Grant from the State picks up $10,000, PTSA is asking for $2,500 from the city council, plus the closing of Laguna Hills Drive for several hours, the PTSA is contributing $1000 and some businesses are contributing as well.

The speakers from the school all had high compliments for the Student Resources Officer (SRO) Ray Botta and told the council how much better the school environment has been since he arrived. They also noted his welcome sense of humor.

City Council agreed to the $2,500 donation to this project and will look further into the pros and cons of closing of Laguna Hills Drive. Staff report on that to follow.

LHHS Student Liaison Report - from Lisa Mc Corkell - Lisa thanked the city council for their help with the "Every 15 Minutes Program". Tomorrow is a late start day, Next Friday ASB Winner's Assembly and the next Friday is the last day of school before Winter Break. Returning to school on January 4, 2010. Last Friday HAWKS football team lost 27 - 24 to La Mirada. Drama is presenting the Nightmare Before Christmas on Dec. 16 at 7:00. Holiday music concert in Laguna Woods this Friday. On Dec. 15 annual student teacher basketball game at lunch and proceeds will go to the American Diabetes Association.

PUBLIC COMMENTS - Laguna Hills Citizen and Candidate for City Council in 2010, Barbara Kogerman asked about the Destruction of Records Request in the Consent Calendar. She stated there is an issue of transparency related to no way of knowing what records are going to be destroyed after 2 years time so need clarification on that issue. She asked, if is this something done every year or will there still be access to council members voting records, spending decisions, salary, wages and benefits information and other such matters and will those records be available if this motion passes?

Mayor Randal Bressette - Thank you.

Laguna Hills Citizen and Candidate for City Council in 2010 Barbara Kogerman - Is there an answer?

Mayor Randal Bressette - I will allow the answer tonight but the issue is Public Comments, not Public Discussion, so if you'll have a seat, I'll see if I can get you an answer.

Laguna Hills Citizen and Candidate for City Council in 2010 Barbara Kogerman -Well, then I will proceed with Public Comments. If there is no answer and because there is no availability of the items this could be an issue of timing that you might consider destroying documents that I have been and will be researching over the next year. Council Members have not faced a serious re-election challenge in nearly 2 decades until now, so now is not the time to prevent me or any other candidate from performing an effective forensic examination of how this council has spent tax payer dollars over the past decade and absolutely for the past 5 years. So, 2 years of documents is insufficient for judging any council members historic voting records. In the name of transparency please don't hide the voting records, be open and accountable. I strongly urge you to reconsider your 2 year plan and consider a 5 year period during which these valuable documents can be made available.

City Clerk Peggy Johns - The documents are listed in the binder in the back of the room. They comply with our destruction schedule and all the documents are dated for destruction within 3 to 5 years. Don't believe there are any records on there that have to do with elections.

Laguna Hills Citizen and Candidate for City Council in 2010 Barbara Kogerman - Do they have to do with council voting Records?

Mayor Randal Bressette - Do we keep our Minutes and Agendas indefinitely?

City Clerk Peggy Johns - Yes

Mayor Randal Bressette - So, our records are available to the general public.

Laguna Hills Citizen and Candidate for city council in 2010 Barbara Kogerman - Thank you for that clarification.

Consent Calendar *(The Consent Calendar consists of multiple items, including the Warrant Register, on which the city council votes as a whole unless an item is pulled for individual consideration )

4.2 - The Warrant Register this time was $271,778.03

4.3 - Request for the Destruction of Records more than 2 years old, not required to be kept by a statute, etc. consisting of Accounts Payable Vendor Records, Daily Cash and General Receipts, Agendas 2006, Civil Case Files, Salaries Wages and Benefits, Compensation Plans, Temporary Permits, Certified Payroll, Landfill Recovery Facilities, etc.

4.4 - Presentation of the Comprehensive Annual Financial Report for fiscal year ended June 30, 2009. For the audit of 2008-09 the City’s Auditor’s reported no material weaknesses in the city’s internal control structure. The CPA firm of Moss, Levy & Hartzheim rendered an unqualified opinion on the 2008/09 financial statements according to the city’s extended agenda report. There was no opinion from the CPA firm on the effectiveness of the city’s internal control over financial reporting. The report stated the CPA firm did not identify any deficiencies in internal control over financial reporting considered to be material weaknesses but did note other (unnamed) matters that they reported to the management of the City of Laguna Hills in a separate letter dated Nov.1, 2009.

4.5 - Annual Review of Investment Policies and Delegation of Investment Authority to the City Treasurer
State Law requires an Annual Review of this. Staff is still in the process of completing a comprehensive update to the investment policies and will present its recommendation revisions to the city council early next year. The current annual delegation of investment authority expires on Dec. 31, 2009, so staff is recommending a Resolution to extend this delegation through the end of 2010. Current policies to remain the same, except a proposed increase in the percentage of funds that may be invested with the State Treasurer. This increased is proposed to be from 75% to 85%.

4.6 - City Council's Appointments of themselves to Various Agencies/Committees
Audit Committee – Channing, Bressette, and Lautenschleger
Civic Center Mgmt. Committee – Bressette, Songstad, Channing White
Claims Committee – Scott, Channing, White
OC Council of Governments – Songstad and Bressette
SCAG – Songstad and Bressette
Transportation Corridor Agency – Lautenschleger and Songstad
Coastal Greenbelt Authority – Carruth
Laguna Canyon Foundation – Carruth
OC Vector Control District - Carruth
Orange Emergency Management Organization – Chief of Police
OC Fire Authority - Scott and Lautenschleger

4.7 - Affirmation of Local Appointments List for Commissions and Committees – In Accordance with State Law the city council must prepare and post a Local Appointments List prior to Dec. 31, 2009 to tap the largely untapped reservoir of talent existing among the citizenry of the State of California.
Parks and Recreation Commission – Larry Bertino, Daniel Cooper, Mark Jones, Carol Meyers, Jack Noenickx
Traffic Commission – Bob Ashe-Everest, Pamela Dow, Rick Frazier, Donald Froelich, Timothy Hillis

4.8 - Flood Mgmt. Municipal Code Regulations Amended and Restated.

4.9 - Addition to Municipal Code related to Landscape Water Efficiency – Adoption of Countywide Model

4.10 - Amendment and Restatement of Municipal Code relating to Landscaping Standards and Guidelines.

4.11 - Ordinance for Removal of Encroachments from Public Right of Way

4.12 - Filing of Application for State of CA. Energy Commission’s Energy Efficiency and Conservation Block Grant.

4.13 - Cooperative Agreement between the City of Laguna Hills, the City of Aliso Viejo and the OC Transportation Authority for installation of Traffic Signal Interconnect Conduit and Communications Media in support of the Alicia Pkwy. Traffic Light Synchronization project. Estimated cost $53,900. Traffic Light Signal at Alicia Pkwy. and Holly Oak Dr. to be included in the Alicia Pkwy synch. Program. This work to be done in conjunction with the larger Alicia Pkwy Traffic Light Synch. Pgrm. Environmental clearance, right of way, design and engineering will be paid by City of LH and is not reimbursable by OCTA

4.14 - Memorandum of Understanding (MOU) between OC Transportation Authority, cities of Aliso Viejo, Laguna Hills, Laguna Niguel, Mission Viejo, RSM and the State of CA to synchronize traffic lights along an 11 mile length of Alicia Pkwy. Including 41 intersections with traffic signals.

4.15 - Professional Services Agreement with Hogle-Ireland, Inc. for Planning Services
Fiscal Impact about $20,000 to augment the General Planning Services identified in the 2009-11 budget including implementation of the Urban Village Specific Plan and general consultant assistance as needed.
VOTE on items in the Consent Calendar not removed - 5 to 0 approved.

Items Removed from the Consent Calendar - Craig Scott- Item 4.9, Melody Carruth- Item 4.2,

Council Member Craig Scott - stated for reasons he won't repeat he opposes the Municipal Code related to Landscape Water Efficiency.
VOTE - Item 4.9 was approved 4 - 1 No vote was Council Member Craig Scott

Council Member Melody Carruth - Questioning an item from the Warrant Register - A list of 8 or 9 refunds for Vehicle Citations. She asked for an explanation for this item.

Laguna Hills Police Chief Doan answered that he could state historically those refunds are usually from people who disputed their traffic citations and won. People have to post the fine first so if they win, the money they posted is returned. There have been no changes in enforcement practices.

Council Member Melody Carruth last question from Warrant Register, to Mr. David Reynolds, is regarding a cost for Sharps compliance?

Deputy City Manager, Community Services David Reynolds answered
the amount posted there is the cost for the company to provide us with the sharps containers that residents use for the disposal of sharps waste. Residents get the containers at the pharmacies and take the containers back to the pharmacies when they are filled.
VOTE - Item 4.2 approved 5 - 0

City Council Public Hearings

A Resolution approving 2 minor Technical Revisions to the Housing Element of the General Plan including inserting a commercial underutilized sites table to the Housing Element and amending item H-9 of Appendix A (Residential Units) of the 2009 LH General Plan. This is so that the Housing Element will be certified by HCD
VOTE - Passed 5 - 0

Approval of Final Parcel Map - Public Hearing for 2 parcels located at the NE corner of Moulton and La Paz Rd. Creating 2 parcels from an 11 acre site. 8 acres to remain open space. Council Member Melody Carruth noted that this 3 acre parcel was being prepared through this initial action for a sale in the future and asked if money made from the sale of this land could be restricted to a fund for future open space landscape improvements in that same area so the residents would benefit from this sale. City Attorney Greg Simonian answered that where the money from any future sale of this land goes could not be determined at this stage of the process, but could be determined at a later stage if and when it is put up for sale.
Staff Recommendation - approve the map and sign the final map.
VOTE - Staff Recommendation approved 4 - 0. Lautenschleger recused himself because he lives in the area near this parcel of land.

Planning Agency - Nothing

Administrative Reports

City Manager Bruce Channing stated the City Manager’s 2009 Year End Report was completed and is available for anyone who wants to read it.

Mayor Randal Bressette asked that the City Manager's report be placed on the city web site. VOTE was 5 - 0 in favor.

Refunding Certificates of Participation 2010 Refinancing Project/Laguna Hills Public Improvement Corporation Special Meeting -

Assistant City Manager Don White - stated that over the past 2 years the city has taken a number of important measures to deal with the recession and its impact on the budget in addition to the personnel reorganization and other budget cuts this past Spring including raising various fees and they continue to look for ways to cut costs.

The City has an outstanding debt in the form of Certificates of Participation for the 2001 Community Center Financing Project and the 2003 Laguna Hills Civic Center Renovation Project. Periodic Reviews indicate if these can be refinanced resulting in lower payments, This opportunity may present over the next several months and could save up to a total of $1,1717,618 in interest costs over the term of the debt. The city issued $19,000,000 in Certificates of Participation to refinance the then outstanding Certificates of participation issued to fund the construction of the Community Center and Sports Complex in 2001. The 2001 Certificates are currently outstanding in the amount of $13,200,000, bear interest at 4.5% and mature in 2024. To refinance will require the city to pay a redemption premium of 2% on the 2001 certificates. This redemption premium drops to 1% on or after Dec. 1, 2010 and to 0% after Dec. 1, 2011. In 2003 the city issued $5,660,000 in Certificates of Participation to finance construction improvements for the Civic Center. Those Certificates are outstanding in the amount of $4,450,000, bear interest at 4.5 %, and mature on June 1, 2024. There is no redemption premium on the 2003 certificates.
VOTE - Unanimous in favor of the refinance

Laguna Hills Public Improvement Corporation

Meeting was turned over to the Laguna Hills Public Improvement Corporation (PIC) to authorize the execution of lease financing documents in connection with the offering and sale of Certificates of Participation. This Public Improvement Corporation consists of Laguna Hills City Council Members. Council Member Joel Lautenschleger called the Corporation to order, and there was a unanimous vote was in favor of the refinance. PIC adjourned and back to City Council meeting.

Public services Director/City Engineer, Ken Rosenfield - Adoption of the 2009 OC Transportation Authority Commuter Bikeways Strategic Plan as the City's Bicycle Transportation Plan. - Commuter Bikeways Strategic Plan (CBSP) is the Regional Planning Document that identifies existing and proposed bikeways in Orange County. Inventory was taken of existing bikeways and prioritization of proposed bikeways was based upon input from local jurisdictions, the public, and connectivity to transit and regional destinations. A complete copy of the CBSP is available on the OCTA web site. Staff Recommendation if that the city council adopt the OCTA CBSP as the City Bicycle Transportation Plan in order for the city to qualify for State Bicycle Transportation Funding. There was a speaker from OCTA.
VOTE - the staff recommendation was adopted Unanimously.

Other Business - NONE

Matters Presented by Mayor & City Council Members

Mayor Randal Bressette - Thanked the Recreation Staff for a great Breakfast with Santa.

CLOSED SESSION - Public Employee Performance Evaluation - the City Manager & Conference with Negotiator Joel Lautenschleger - Consideration of Compensation for City Manager with Recommendation that the City Council takes such action as it so determines.

Council Members Joel Lautenschleger Craig Scott, Allan Songstad and Mayor Randal Bressette "so determined" that the City Manager will receive his Maximum Bonus for 2009 which is 10% of his salary ($23,000+) despite the economy and the City Manager's own calls for "Belt tightening for the city in this tough economy". Only Council Member Melody Carruth voted against the City Manager's bonus.
**There were reportedly no additional benefits or salary increases given to the city manager at this meeting but stay tuned, we will continue to monitor this and keep you informed. Outgoing Mayor Joel Lautenschleger negotiated this generous benefit for the City Manager, and in his outgoing Mayor's statements (above), pointed to this last year as the worst economic downturn since the Great Depression.
** We have learned through a Public Records Request that the money to pay for the City Manager's new $60,000 car is not in the city budget and remember those "8 Secret Goals" the city manager reportedly had to meet to receive his bonus last year, no mention of any goals this year, but we did learn that most of the goals he does meet appear in the City Manager's End of the Year Report. Look for that on the city web site.
Adjournment until January 12, 2010
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Laguna Hills Crime Watch
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Laguna Hills Crime Watch for the past 3 weeks go to:http://www.ocregister.com/articles/police-crime-blotter-2087713-arrest-burglary?City=Laguna Hills Laguna Hills Crime, What's Happening in your Neighborhood by Alejandra Molina, Reporter, Orange County Register. Keep up with crime in Laguna Hills, where it's happening and how it might affect you. This column is continuously updated.
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Information, Questions, Concerns and Comments from Watch Dog Readers
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Laguna Hills City Council Member Melody Carruth has called for the following
Amendments to the City Manager's Contract to plug Gaping Loopholes
!


Council Member Carruth states: This is the third year I have asked for amendments to the city manager contract. Listed are a few of the contract provisions which should be changed:

1. Limit city manager travel paid for by city to the US.

2. Cap the bonus amount awarded by the city council to the city manager(currently the city manager contract calls for 10% of base salary which means the bonus amount increases every year as his salary increases). He has been awarded a bonus every year.

3. Eliminate "open-ended" contract provision for city manager car. Limit car purchase to set amount determined by city council and require city council approval before purchase. Under the current contract, Mr. Channing may purchase any car without council approval. The $60,000 controversial car purchase was revealed to the council during a routine Warrant Register item on the consent calendar. I was not told of the purchase-not consulted, nor asked. It was not in the budget-it was not a budget discussion. Because it is a provision in the contract, the city manager is not required to get a vote from the council before purchasing a car...any car.

The City of Laguna Hills' Biennial Budget for Fiscal Year 2009/10 – 2010/11 contains a section called Rating Results for Proposed 2009-11 Major Plans. The City Council Members vote for their favorite plans, some months ago, using a scale of 0 (lowest rating) to 2 (highest rating) These are ratings voted by the Laguna Hills City Council Members on some of the Proposed Major Plans:
Web Streaming City Council Meetings – Carruth, Lautenschleger and Songstad each voted 2, Bresette and Scott each voted 0.
Laguna Coast Wilderness Park (Nix Nature Center) Grant Application – Carruth voted 2, Lautenschleger and Bressette each voted 1, Scott and Songstad each voted 0.
Conduct a Study of increasing the Transient Occupancy Tax – Carruth voted 0, all of the other 4 each voted 2.
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How to Support the 3rd Battalion, 5th Marine Division
Adopted by the City of Laguna Hills

Council Member Carruth has told us that there are 2 Holiday Collection Boxes now set up for the 3/5 Marine Battalion Families. One box is at City Hall and the other at the Community Center. There have been requests from some residents to adopt individual Marine families rather than deposit gifts in the collection boxes. If you wish to adopt an Individual family you can leave a message for Council Member Melody Carruth at ccouncil@ci.laguna-hills.ca.us or (949) 707-2610. Ms. Carruth is obtaining a list of names and ages of specific families for Holiday giving through a community outreach person.
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If you wish to deposit gifts in the collection boxes, at City Hall and the Community Center those gifts can include new unwrapped toys, games and puzzles, and books, movie tickets, i-pod downloads, DVDs and CDs for all ages. Ms. Carruth reports that some families need the basics of laundry soap, paper towels, and food. Gift cards for all ages need to be given directly to City Staff for placement in envelopes, rather than being put in the collection boxes where they could become lost or misplaced, due to their small size. Gifts can be contributed through Dec. 21, 2009. Please help make this a happy Holiday Season for Laguna Hills Adopted Marines.
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OC Register News Stories and blogs
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City Manager Benefits top $170,000 November 06, 2009
http://www.ocregister.com/news/city-218145-insurance-salary.html

It's the Health Insurance, Stupid
http://taxdollars.freedomblogging.com/2009/11/05/its-the-health-insurance-stupid/42089/

Full benefits for part-time elected officials are reasonable, mayor says
http://taxdollars.freedomblogging.com/2009/11/05/full-benefits-for-part-time-elected-officials-are-reasonable-mayor-says/42213/

Laguna Hills buys its city manager a $60,000 car - in Tustin
http://taxdollars.freedomblogging.com/2009/10/30/laguna-hills-buys-its-city-manager-a-60000-car-in-tustin/41479/

Checkpoint nets 14 people in Laguna Hills
http://www.ocregister.com/news/drivers-219231-dui-checkpoint.html

Woman mauled by 3 bull mastiffs sues county, city
http://www.ocregister.com/articles/dogs-christian-county-2609339-suit-one

Laguna Hills makes cuts to two-year budget
http://www.ocregister.com/articles/city-million-budget-2473902-year-positions

Remember to visit the page www.ocregister.com/readerforums/saddleback when you've got something to share with the community.
Laguna Hills a good place to live, survey says
http://www.ocregister.com/articles/survey-city-respondents-2366204-hills-percent -

Laguna Hills Report Recommends Pet License Outreach. It also says shelters aren't crowded enough for spay, neuter program.
http://www.ocregister.com/articles/city-dogs-laguna-2281407-hills-report

Laguna Hills City manager gets $23,000 bonus over objectionshttp://www.ocregister.com/articles/bonus-council-channing-2253011-scott-city

Senior Center in Laguna Hills Suffers financially - Officials of the nonprofit are angry that the city has never provided money, despite the services provided to its residents. http://www.ocregister.com/articles/senior-center-services-2216444-county-south
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Laguna Hills City Council Members Say the Darndest Things in Public
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Dec. 4, 2008 - LHCC Member - Craig Scott stated ".... based on what is recited here I think it is fair comment to say that Nellie Gail was not remarkable. "We did some research on this issue and if that's the best we can do, a school teacher, 2 daughters and ran the ranch until turning it over to her children, I submit that's not necessarily remarkable."

Really, Well, Mr. Scott, would you say you are a "remarkable" city council member and how would you define that? ***Craig Scott is speaking about Nellie Gail Moulton (1878-1972) who was born in Irving, KS on Dec. 8, 1878. Nellie Gail spent her childhood in Nebraska and came to California with her family in 1893. Upon receiving her teaching credentials, she taught school in the state of Washington near Seattle at the turn of the century. On one of her summer trips to visit her family in southern California she met Lewis Moulton whom she married in 1908. The couple settled on a ranch of 22,000 acres. When her husband died she ran the 22,000 acre ranch while raising 2 daughters. She was also a school teacher, and an artist. Most of her paintings appear to have been done in and around Laguna Beach. Nellie Gail Ranch, in Laguna Hills, is named for her. Be sure to see the exhibit of her Remarkable life at City Hall!

June 10, 2008 - LHCC Member - Mayor Allan Songstad said - "We have to go through a bidding process and sometimes the low bidder is not always the best contractor, but sometimes that's what we're stuck with."

Thank you Mr. Songstad, that is exactly what we have been trying to tell you about the Laguna Hills City Council "sticking us" with the same bad vendor - The Orange County Animal Shelter for the past 18 years.

On May 27, 2008 - LHCC Member Craig Scott stated, "I am on the toll road every day and I don't want the tolls to go down, I want them to stay where they are or go higher and I'm ready to pay that price and I'd prefer NOT to have others do the same."

Are there any volunteers willing to support a resolution proclaiming that the 73 Toll Road be set aside for the Exclusive Use of Laguna Hills City Council Member Craig Scott until such time that this pesky congestion problem caused by less entitled people, like the rest of us, is brought under control? OR - maybe people would like to e-mail Mr. Scott at ccouncil@ci.laguna-hills.ca.us to encourage him to broaden his perspective. He has been a Laguna Hills City Council Member for 18 years)

March 11, 2008 - Don White, Assist. City Manager stated Laguna Hills rejected a proposal from Mission Viejo to share their animal shelter in 2005 due to increased expense and "unknown and serious contractual problems that exposed the city's budget to unknown and uncontrollable cost increases and expenditures".

So, Don if the contractual problems are "unknown" how do you know they are serious and uncontrollable? Laguna Niguel has had the same contract that was presented to Laguna Hills with the Mission Viejo Animal Shelter for more than 10 years and in 2008 Aliso Viejo joined the Mission Viejo Animal Shelter so none of this has been a problem for them? October 25, 2005 - Mayor Allan Songstad, speaking about the Laguna Hills City Council said, "When you've been doing business in a certain way for 13 years you're not likely to change that." So true, Allan, so unfortunately true.
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Reminders & Letters to the Editor
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Friday, November 27, 2009

LAGUNA HILLS CITY COUNCIL MEETING 11-24-09

FEATURES: http://www.ocregister.com/news/kogerman-220553-council-campaign.html - Nellie Gail fundraiser kicks off 2010 City Council Campaign (and Term Limits Campaign) for Barbara Kogerman. Send your thoughts to BlandMJ@AOL.com
The candidates web site is www.kogerman4council.com
Congratulations to Deputy of the Year and SRO Ray Botta!!!
** Presentations and Proclamations - New CEO of Orange County Transit Authority (OCTA) introduces himself.
** Public Comments - None
** LHHS Student Liaison Report from Lisa Mc Corkell -
** Consent Calendar - Will Transient Occupancy Taxes increase & Quarterly Financial Highlights
** Items removed from Consent Calendar - NONE - Consent Calendar passed as a whole.
** City Council Public Hearings - Flood Management Regulations, Municipal Code for Landscape Water Efficiency, Landscape Standards and Guidelines, Application for FY 2010-2011 Community Development Block Grant Funds for Public Facilities and the Florence Sylvester Senior Center
** Planning Agency Report and Public Hearing - NONE
** Administrative Reports - City Manager's Report, Ordinance for Removal of Encroachments from Public Right of Way, & Commercial Food Waste Diversion Pgrm.
** Other Business - City Council selects its designated representative to conduct a Closed Session meeting to discuss compensation of City Manager. - Will it be Council Member Craig Scott, again?
** Matters Presented by Mayor & City Council Members - Student Resource Officer Ray Botta named Deputy of the Year, Council Member Carruth's Request for city drop off points for toys/gifts for Adopted Marines was rejected by Council Member Craig Scott, Council Member Bressette Requested more transparency on city web site.
** CLOSED SESSION - Performance Evaluation for City Manager
* Crime Watch Laguna Hills Report - in the Orange County Register Newspaper* Information, Questions, Concerns and Comments from Watch Dog Readers -
Did the City of Laguna Hills "Unadopt" their Marines?
Laguna Hills City Manager makes more money than the Governor of CA!
**Clarification to the 11/10/09 City Council Meeting Report re. Community Services Recreation Program Rate Increases.
* How to Support the Adopted 3rd Battalion, 5th Marine Division- Adopted by the City of Laguna Hills - temporary information below and need for volunteers
* Orange County Register Newspaper - News Articles with blogs* City Council Members Say the Darndest Things in Public - Memorable Quotes from City Council Members* Reminders
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11/24/09 Laguna Hills City Council Meeting
All City Council Members were present.

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PRESENTATIONS AND PROCLAMATIONS
- Will Kempton, new CEO of Orange County Transit Authority (OCTA) introduced himself. OCTA has about 1900 employees 17 voting Board of Director members and an annual budget of about $1.2 billion. Prior to coming to OCTA, Mr. Kempton had been with CA. Dept. of Transportation (CALTRANS) overseeing a budget of greater than $13.8 billion. He was with CALTRANS since 1973.

PUBLIC COMMENTS - NONE

LHHS Student Liaison Report - from Lisa Mc Corkell - Last Friday the LHHS football team won a CIF game, this Friday will be the 2nd CIF game. The Marching Band and Color Guard placed 5th in their division. Wednesday is a minimum day and Thursday and Friday no school for Thanksgiving. The Health Challenge Event raised over $35,000

Consent Calendar *(The Consent Calendar consists of multiple items on which the city council votes as a whole unless an item is pulled for individual consideration)

The Warrant Register - was $915,543.55
About $533,000 for Public safety, Bank of America bill for $12,508.06 for training, travel, vehicle fuel, program supplies and op. supplies for October. Cheveron bill for $868.70 for more fuel. US Postage bill of $3000 for the Winter 2009 Activity Guide.

Laguna Hills Quarterly Financial Highlights - states General Fund revenues are used primarily to finance the city's general governmental activities and Special Revenues and Grants are used for specific expenditures typically capital projects. This quarters property taxes were only at 2% of budget. Intergovernmental revenue came in at 7% of budget. Revenues for Licensing and Permits came in at 27% of annual forecast. Charges for services are 19% of budget. Fines and Forfeitures came in at 15% of budget. At quarter end operating revenues totaled almost $1.12 million. Laguna Hills Civic Center income for 3 months ending Sept 30 was $39,958. Funding Sources = $1.36 million, Funding Uses = $3.46 million and Excess of Sources = $2.28 million.

Transient Occupancy Tax - The city has over the years charged 10% for TOT and is considering an increase. Over the past 5 years the TOT tax generated an average of greater than $1 million annually to the General Fund. Staff recommends any increase be deferred for at least 2 years based upon the fragile state of the economy. If an increase is considered staff suggests 2%. Mission Viejo and Laguna Niguel charge 8% most other cities charge 10% with Laguna Beach and Newport Beach at 10% plus 2% for Business Improvement District. Staff there is a strong interest in building new hotels in the city but problem with availability of land ready for development. Staff states a hotel business improvement district would serve as its own entity, separate from the city, with its own Board of Directors, bylaws and budget. Staff's opinion is that a Hotel/Business Improvement District would not work well in Laguna Hills given the number of hotels and rooms involved. There are only 4 hotels in Laguna Hills. There are merits for an increase
of TOT by 2% especially if the revenues are used for economic development but not at this time.

Items Removed from the Consent Calendar - None - The entire Consent Calendar passed as a whole 5 - 0

City Council Public Hearings

Flood Management Regulations - City has an existing floodplain mgmt. ordinance required by FEMA as a condition of the city's continued participation in the National Flood Insurance Program (NFIP). NFIP is the only way for property owners to insure against flood risk. Public Services Director, City Engineer Ken Rosenfield stated there are very few properties in Laguna Hills that are that are adjacent to or in a flood zone. Basically only properties close to waterways and creeks are susceptible. This is a refinement not a substantial change.
Public Hearing for Ordinance with No speakers. Ordinance Passed 5 - 0

Municipal Code Relating to Landscape Water Efficiency - New state law requiring cities, by Jan. 1, 2010 to adopt either a state model water efficient landscape ordinance or a local alternative that is at least as effective as the State Model ordinance. Public Services Director, City Engineer Ken Rosenfield stated this will effect new and remodeled sites. Site owners will have to comply with strict regulations regarding irrigation systems. Onus will be on property owners to comply and present compliance to the city. Property owners will need the assistance of a licensed and certified landscape architect which will be expensive. Smart irrigation system water controllers will need to be used exclusively. Within 2 years these Smart Irrigation controllers will be the only ones available. The smartest of these can receive information related to climate conditions, etc. Residents will have to learn about this through the City Newsletter, at the counter at City Hall and hopefully though more wide spread means from the State. Staff suggests city adopt County Model

Council Member Craig Scott stated this ordinance is over reaching, totally inappropriate and philosophically revolting.

Council Member Melody Carruth stated Water Conservation will be the new normal, it works.

Public Hearing for Ordinance with No speakers. Ordinance Passed 4 - 1 in favor of County Plan. The 1 No vote was Craig Scott.

Landscape Standards and Guidelines - City's requirements for irrigation plans will now be located in chapter 9 - 47 instead of 9-46 to eliminate duplication and confusion. Public Services Director, City Engineer Ken Rosenfield stated this Ordinance was amended to remove references to irrigation since they are included in the Landscape Water Efficiency Ordinance.
Public Hearing for Ordinance with No speakers. Ordinance Passed 5 - 0

City Application for FY 2010-2011 Community Development Block Grant Funds for Public Facilities and Improvements for the Florence Sylvester Senior Center
- Federal Community Block Grant Funds administered by the County of Orange. City will send an RFP (Request for Proposal) by end of Nov. 2009 and is anticipating submitting an application for $50,000 to assist The Florence Sylvester Senior Center with cost of facility improvement and deferred maintenance. City can apply each year for "Eligible Projects" as needed. Staff requested authorization to apply.
Public Hearing for Ordinance with No speakers. Ordinance Passed 5 - 0
After never having contributed anything to the Senior Center for 17 years, under much pressure from the Seniors, the OC Register, the Laguna Hills Watch Dog and now the New Candidate for City Council in 2010, Barbara Kogerman, the city finally applied for and states it received one grant this year for $50,175 and is expecting to do the same again. Now the task for the city should also include the long requested transportation for seniors and the disabled.

Planning Agency Issues and Public Hearings - NONE The Conditional Use Permit request by Verizon Wireless to Install and Operate a Wireless Communication Facility on an existing So. CA. Edison Utility Pole, North of Via Lomas Dr. and West of the City's community Center was continued for 60 days for Verizon to study the conditions of the permit.

Administrative Reports

City Manager Bruce Channing stated at the State League of CA. Cities, he assisted with establishing strategic priorities for 2010 with the top priority being protection of local government revenues. Also, 4 city managers were invited to the Governor's office to discuss strategies for dealing with pension reform. He said local effort is needed on this issue because the State Legislature is not expected to act on it's own re. Pension Reform.

City Attorney Greg Simonian - An Ordinance Regarding the Removal of Encrochments from the Public Right of Way.

Public Services Director, City Engineer Ken Rosenfield stated the city finds couches, refrigerators, and trash in the Public Right of Way and need a more effective system to remove them. Should the city approve this, it will declare any Encroachment in the Public Right of Way in Violation of the Laguna Hills Municipal Code a Public Nuisance and allow the City Engineer to remove any Encroachment within the Public Right of Way which obstructs or prevents use of Public Right of Way and/or consists of refuse, rubbish or debris, or is a traffic hazard, if any Encroachment is not removed from the Public Right of Way following notice to a responsible party and opportunity for removal.
Public Hearing for Ordinance with No speakers. Ordinance Passed 5 - 0

Commercial Food Waste Diversion Program

Deputy City Manager, Community Services David Reynolds said 4 cities, Laguna Niguel, RSM, San Clemente and San Juan Capistrano have approved this Food Waste Diversion Program and the 4 others looking at it soon. 21 are restaurants served by this recycling program but only 2 are actively using the program to date. Changing restaurant behaviors for the other 19 is under way and is part of the program education related to alternate disposal of food waste to save landfill space. Also landfill disposal rates will increase substantially on July 1, 2010 to discourage restaurants from dumping waste foods in landfills. Staff recommends continued support of the program with the Laguna Hills Mall already underway by the City of Laguna Hills in conjunction with 7 other So. County Cities who applied for a Grant for $400,000 for a one year pilot program for a commercial food waste diversion program from the Orange County Board of Supervisors. Passed 5 - 0

Other Business

Designated Representative to Negotiate Compensation of City Manager.

The City Council selects and identifies its designated representative for the purpose of conducting a Closed Session meeting with its authorized labor negotiator to discuss the compensation of the City Manager, an unrepresented employee.
The person who has done this in past years is City Council Member Craig Scott who appears to have been quite generous with the City Manager. This time, current Mayor Joel Lautenschleger was chosen to negotiate the city manager's compensation without additional comment. We don't know if the outcome from this combination will be any better than it was with Craig Scott but this takes the political heat off of Craig Scott related to all the recent bad publicity regarding this City Manager's Extra Large Salary and Benefits Package topped with a $60,000 new car from Tustin. Craig Scott is up for re-election in 2010.

Matters Presented by Mayor & City Council Members

Mayor Joel Lautenschleger announced that Sheriff's Deputy Ray Botta, who is also the Student Resource Officer for Laguna Hills, was named Deputy of the Year at the Deputy Appreciation Breakfast.

Council Member Randall Bressette requested City Council Agenda Reports on City's Web Page
with a recommendation that the city council request staff to prepare a report on the options for including Agenda reports on the City's web page and the associated costs therewith. This passed 4 - 1 with Craig Scott voting NO.
Having the complete Agenda rather than just the brief outline posted on the city web site for residents prior to every city council meeting is an important issue for more transparency in the city government in Laguna Hills. This Watch Dog Reporter spends at least 2 to 3 hours prior to every city council meeting reading the Complete Agenda and Staff Reports from the big book on the counter at City Hall to get some idea of what will actually be happening at a city council meeting, since many items are never openly discussed during the meetings. The Complete Agenda in the book at City Hall is already typed so there should not be much problem or additional expense involved in cutting and pasting it into the web site or just typing it into the web site initially and printing it out for the book on the desk at City Hall. Lake Forest and other cities have had their complete agendas posted on their web sites for a long time. The Laguna Hills Watch Dog has long requested more transparency from this city council and the candidate for 2010 City Council, Barbara Kogerman, who has already done a great deal to encourage transparency from this city council has declared Transparency as one of her Primary Campaign Issues.

Council Member Randall Bressette reported on San Diego Regional Water Quality Control Board Draft's Tentative Order. On Nov. 17 Council Member Bresette attended the Public Hearing Considering Adoption of a new Municipal Separate Storm Sewer System Permit for the San Diego Region of Orange County. Testimony was provided to the board regarding the potential impacts of the proposed permit. Following about 3 hours of testimony, and 30 minutes of Board Deliberation, the Permit was not adopted. Bressette stated that in his comments he assured the Board that the City of Laguna Hills was committed to clean storm water discharge and that we embrace reasonable, enforceable and effective water quality regulations. He added that he told them there were provisions of this permit not acceptable to Laguna Hills for economic, legal and practical perspectives and that many of the regulations were extremely costly, unnecessarily burdensome and impossible to enforce. He stated the bottom line was that the Board did not care and fees are very high for lack of compliance. Staff will follow this and keep us informed.

Council Member Melody Carruth reported on the Orange County Fairgrounds Sale and requested that the city council adopt a resolution supporting local government land use control. Melody said she brought a simple resolution in favor of local government control for the consideration of the city council.

Council Member Craig Scott stated there may be some illegal conduct in the resolution so need to look into that prior to signing and he would like to stay away from other cities' issues. He said State of CA. should be liquidating assets to pay their bills.

Council Member Songstad shared some concern for possible inaccuracies in the resolution, with need for staff to look into this. He proposed a substitute motion for looking into the language in the resolution and then deciding about signing or not. His substitute resolution passed 5 - 0

Council Member Melody Carruth requested a 3/5 Marine Battalion 1st division Toy Drive and requested that the city council direct staff to establish collection points at City Hall and the Community Center for new unwrapped toys and gift cards for children and teenagers to be delivered to Camp Pendleton on Dec. 22.

Council Member Melody Carruth announced that the 3/5 Marines Adoption Committee lost a couple of members who left the State but Richard Nagle is working on reconstituting the Marine Battalion Citizens Support Committee. Melody said she had also been in touch with the Laguna Woods City Council Members who expressed a lot of interest in partnering with Laguna Hills residents to reconstitute the Marine's Support Committee. She reflected on the difficulties of the 3/5 Marines currently coming off back to back deployments and who are now slated for, hopefully, about 10 months of being home. Melody said she spoke with Camp Pendleton's Outreach Coordinator who suggested the toys and gift cards. She added that although the Mariner's Church in Irvine has also adopted the 3/5 Battalion, we do not want to forget them. She noted the expired information on the city's web site and suggested collection sites at the Community Center and City Hall for toys and gift cards for the Marines and their families.

Council Member Craig Scott stated there was an article in the Register within the last week where it was reported that the city was trying to reconstitute the 3/5 Support Committee. He said the council has taken a very clear position that there will be no official city support by this council for the 3/5 Committee. He said the reasons for that go back a long time so he did not propose to go over all of that, but if the city is to be consistent with the council decisions in the past the city should not be about reconstituting and it is not appropriate to use city resources to further the work that could be done by the committee if the committee chooses to. He said very frankly he hoped Ms. Carruth had not been suggesting, as a member of the council, that she's speaking for the city because that would be contrary to their adopted position. He stated he did not favor her taking the action that has been suggested and the city should remember that they have drawn a very clear line that the city will not sponsor, or devote assets or give resources of the staff's time and energy to efforts that ought to be coming from the committee, if at all. He insisted that the committee can do what it wants to do but the city ought to be in a hands off position from an official city standpoint.
One thing the LH Watch Dog has observed over the years is that Council Member Craig Scott rarely fails to disappoint when the subject reflects a less than robotic need for spontaneous kindness to others and inclusiveness rather strict a adherence to a pre-conceived script. ** It is also important to note that it was the Laguna Hills Watch Dog Reporter Jean Bland, not Council Member Melody Carruth, who took this story to a reporter at the Orange County Register to publicize this problem in hopes of drawing attention to the cause of the apparently abandoned Adopted Marines before Christmas. This problem was thankfully brought to my attention by Dee Dee McGann-Gollwitzer who was trying to contact the 3/5 Marine Support Committee to find out how to help the Marines. - see more below

Council Member Randall Bressette followed Mr. Scott by stating what Mr. Scott said was true but that was on a 4 to 1 vote that has left Mr. Bressette frustrated, embarrassed and to a great extent angry over that action over many years. He said he has stayed out of it mostly because Deb Allen and the Committee wouldn't allow him to be involved despite the fact that he is a retired US Navy Chief Warrant Officer. He said he has been frustrated by the fact that the action of Mr. Craig Scott, so well verbalized has led members of the city council to accept awards on behalf of the city when frankly the city divorced the 3/5. He said he does support the collection boxes for the US Marines Toys for Tots program at the Community Center and at City Hall but that support because of prior action has nothing to do with the 3/5, it just happens as a program much like the firefighters across the street. He said he hopes that at some point this council changes it's mind.

Council Member Melody Carruth stressed that this is not about any of us or how we're inconvenienced it's about helping the Marines and being flexible.

Council Member Alan Songstad, who, as Mayor in the 2008 election year, benefited from the positive publicity from the Adopted Marine Battalion agreed with Ms. Carruth. He stated there have been obvious problems with the Adoption Committee and the city council has been placed in an awkward position, which he can explain at some future time, but this is just about the Marines who are protecting us in a time of war, so he agreed with Council Member Carruth to fully support collection points in the city for toys and gifts.

Mayor Joel Lautenschleger agreed with the collection points and proclaimed a consensus on this issue, rather than taking a vote.

**After the meeting Tom Epperson, and Mike Bland volunteered their services to assist with collection and delivery of the gifts for the Marines and hopefully other citizens of Laguna Hills will do the same.

CLOSED SESSION - to consider 9.1 - Public Employee Performance Evaluation - City Manager and 9.2 - Conference with labor Negotiator - Name City Council Designee to negotiate salary and benefits for City Manager.

City Clerk Peggy Johns called on Wed. morning to report that there was Nothing to Report from the Closed Session.
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Laguna Hills Crime Watch

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Laguna Hills Crime Watch for the past 3 weeks go to:http://www.ocregister.com/articles/police-crime-blotter-2087713-arrest-burglary?City=Laguna Hills Laguna Hills Crime, What's Happening in your Neighborhood by Alejandra Molina, Reporter, Orange County Register. Keep up with crime in Laguna Hills, where it's happening and how it might affect you. This column is continuously updated.
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Information, Questions, Concerns and Comments from Watch Dog Readers
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What do you think about the new candidate for Laguna Hills City Council? Go to
www.kogerman4council.com Send us your comments at blandMJ@AOL.com

Did anyone read the OC Register Watchdog Story Protest backfires: State bigwigs will get early pay cut
http://taxdollars.freedomblogging.com/2009/11/20/why-wait-big-pay-cut-for-state-bigwigs-to-happen-sooner-rather-than-later/44217/
The City Manager of tiny Laguna Hills makes more than the Governor
of the State of CA. How upside down is that? Jeff

Did the city of Laguna Hills Unadopt their Marines?

On 11/12/2009 - The Laguna Hills Watch Dog received a message from Dee Dee McGann-Gollwitzer a Laguna Hills resident who was trying to contact the Committee to support the Marine Unit adopted by the City of Laguna Hills. She said she had e-mailed the "darkhorse" address on the City of Laguna Hills web site and in the Watch Dog, and that e-mail address was no longer valid. She called the number for Debra Allen and it was disconnected. She called another number for the Community Center and talked to someone at the desk who had never heard of it. Dee Dee's concern was, "I wonder if they unadopted the Marines?"

There is a disclaimer on the city web site but the Mayor, City Manager or whoever should be at the helm of the city apparently dropped the ball on this one so the Laguna Hills Watch Dog took this problem to Laguna Hills City Council Member Melody Carruth who researched and reported that Laguna Hills resident Dick Nagle is reconstituting the 3/5 Marine Battalion Citizens Support Committee. Melody said we lost military mom Barbara Breazeale-Pozzi and Deb Allen (both moved out of state). If citizens are interested in serving on a committee this is the perfect time to get involved. In addition to Laguna Hills, the 3/5 Marine Battalion was also adopted by Mariner's Church in Irvine - see their contact information below to donate to the Marines and their families during the Holidays.

Council Member Carruth also said that at the Tuesday, November 24 City Council meeting she will ask the city council to approve gift card/toy collection sites at the Community Center and City Hall for 3/5 Marine Battalion families for distribution December 22. Ms. Carruth added, following back to back deployments in Iraq and Southeast Asia Laguna Hills residents will have opportunities to work with members of 3/5 and their families in 2010 and the formal Nov. 6, pre-Veteran's Day 3/5 ceremony at Laguna Hills High School Hawk Stadium was a wonderful example of the community connection these great Marines have with Laguna Hills. As they watched the game and chatted with coaching staff, parents and faculty members it was clear to me that these moments have meaning to them. These Marines and their families have made an impact at all levels of our community.
Thank you so much to Dee Dee for bringing this to our attention and to Council Member Melody Carruth, who was willing to play both detective & Santa to help and clearly did not misrepresent the city on this issue as Council Member Craig Scott queried at the 11/24 council meeting. Thank you to both Dee Dee and Council Member Carruth for bringing the Adopted Marine Division back to Laguna Hills for Christmas!

**Clarification to 11-10-09 Report - At the 11/10/09 Laguna Hills City Council Meeting - Community Services Recreation Program Rate Study - Staff Recommended that the City Council approve Increasing the rates charged for recreation programs as outlined in the staff report. New increased fees for facility room rentals and increased fee schedules for classes were brought up to date after never having been reviewed in the past 10 years, by the Parks and Recreation Commission and the Staff to insure that the city does recover direct as well as indirect costs. A total of $9,530 would be the amount of increase in revenue to the city with the updated rates.

City Council Member Randall Bressette objected to rate increases of a third or more for residents because he wants to enable residents to keep taking their children to classes. He stated he would vote for increases only for non-residents.

Mayor Lautenschleger said he agreed with recovering costs and added that this should have been done every couple of years instead of waiting so long.

Vote was 4 - 1 with the only dissenting vote being Council Member Randall Bressette

Clarification to the Community Services Recreation Program Rate increases Report on 11/10/09. The Laguna Hills Watch Dog reported the Community Services Recreation Program Rate Increases as they were stated at the meeting - "A total of $9,530 would be the amount of increase in revenue to the city with the updated rates". Since that time we heard from City Council Member Melody Carruth that the $9,530 figure stated by Laguna Hills Community Services Superintendent Dan Meehan was a "Quarterly Figure" not an annual figure. We confirmed this with City documents and with a phone call to the office of David Reynolds, Deputy City Manager where we spoke with Jami

In addition to the $9,531 figure being a "quarterly" figure the staff report documents state that these figures are for the Spring 2009 Quarter Activity and their numbers show that although there is a $9,531 "Increase in Revenue" this is still a ($2,651) loss overall. According to staff numbers the staff led classes do not break even but the Contract Instructor led classes made a profit prior to the rate increases and will do better after the rate increases. The numbers from the staff report are as follows:
Profit/(loss) Profit/(loss) Increased
Current rate Proposed rate Revenue

Staff Classes ($18,038) ($10,730) ($7,353)

Contract Instructor $5,901 $8,079 $2,178
Classes------------------------------------------------------------------------------------------
Total ($12,182) ($2,651) $9,531

Clarification Comments from Laguna Hills City Council Member Melody Carruth "While I voted against the residential rate increases for the Community Center Facility and Sports Park in May, I support the recreation class fee increases- in particular increasing those fees charged for non-residents. Non-residents ought to be charged a higher rate for classes and activities to cover the cost of City operational expenses. I believe we need to be in line with recreation class fees charged in other south county cities to move closer to full cost recovery. The City will continue to offer affordable classes while remaining competitive with surrounding cities and the School District. The approved reasonable rate increases will further maintain and protect the quality of our city facilities."
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How to Support the 3rd Battalion, 5th Marine Division
Adopted by the City of Laguna Hills


For now - Interested residents and businesses may contact Steven Vidal at the Mariner's Church in Irvine at 949-854-7030 ext. 267 or ext. 316 to donate to the Marines and their families during the Holidays. More information about the Laguna Hills 3/5 Adoption Committee, donations and providing support for the Marines, Sailors and families of 3rd Battalion, 5th Marines will be forthcoming.

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OC Register News Stories and blogs
==============================
City Manager Benefits top $170,000 November 06, 2009
http://www.ocregister.com/news/city-218145-insurance-salary.html

Laguna Hills buys its city manager a $60,000 car - in Tustin
http://taxdollars.freedomblogging.com/2009/10/30/laguna-hills-buys-its-city-manager-a-60000-car-in-tustin/41479/

Checkpoint nets 14 people in Laguna Hills

http://www.ocregister.com/news/drivers-219231-dui-checkpoint.html

http://www.ocregister.com/articles/dogs-christian-county-2609339-suit-one
Woman mauled by 3 bull mastiffs sues county, city

http://www.ocregister.com/articles/city-million-budget-2473902-year-positions
Laguna Hills makes cuts to two-year budget

Remember to visit the page
www.ocregister.com/readerforums/saddleback
when you've got something to share with the community.

http://www.ocregister.com/articles/survey-city-respondents-2366204-hills-percent
Laguna Hills a good place to live, survey says

Laguna Hills Report Recommends Pet License Outreach. It also says shelters aren't crowded enough for spay, neuter program.
http://www.ocregister.com/articles/city-dogs-laguna-2281407-hills-report

Laguna Hills City Manager gets $23,000 bonus over objections http://www.ocregister.com/articles/bonus-council-channing-2253011-scott-city

Senior Center in Laguna Hills Suffers financially - Officials of the nonprofit are angry that the city has never provided money, despite the services provided to its residents. http://www.ocregister.com/articles/senior-center-services-2216444-county-south
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Laguna Hills City Council Members Say the Darndest Things in Public ==================================
Dec. 4, 2008 - LHCC Member - Craig Scott stated ".... based on what is recited here I think it is fair comment to say that Nellie Gail was not remarkable. "We did some research on this issue and if that's the best we can do, a school teacher, 2 daughters and ran the ranch until turning it over to her children, I submit that's not necessarily remarkable."
Really, Well, Mr. Scott, would you say you are a "remarkable" city council member and how would you define that? ***Craig Scott is speaking about Nellie Gail Moulton (1878-1972) who was born in Irving, KS on Dec. 8, 1878. Nellie Gail spent her childhood in Nebraska and came to California with her family in 1893. Upon receiving her teaching credentials, she taught school in the state of Washington near Seattle at the turn of the century. On one of her summer trips to visit her family in southern California she met Lewis Moulton whom she married in 1908. The couple settled on a ranch of 22,000 acres. When her husband died she ran the 22,000 acre ranch while raising 2 daughters. She was also a school teacher, and an artist. Most of her paintings appear to have been done in and around Laguna Beach. Nellie Gail Ranch, in Laguna Hills, is named for her. Be sure to see the exhibit of her Remarkable life at City Hall!


June 10, 2008 - LHCC Member - Mayor Allan Songstad said - "We have to go through a bidding process and sometimes the low bidder is not always the best contractor, but sometimes that's what we're stuck with."
Thank you Mr. Songstad, that is exactly what we have been trying to tell you about the Laguna Hills City Council "sticking us" with the same bad vendor - The Orange County Animal Shelter for the past 18 years.


On May 27, 2008 - LHCC Member Craig Scott stated, "I am on the toll road every day and I don't want the tolls to go down, I want them to stay where they are or go higher and I'm ready to pay that price and I'd prefer NOT to have others do the same."
Are there any volunteers willing to support a resolution proclaiming that the 73 Toll Road be set aside for the Exclusive Use of Laguna Hills City Council Member Craig Scott until such time that this pesky congestion problem caused by less entitled people, like the rest of us, is brought under control? OR - maybe people would like to e-mail Mr. Scott at
ccouncil@ci.laguna-hills.ca.us to encourage him to broaden his perspective. He has been a Laguna Hills City Council Member for 18 years)

March 11, 2008 - Don White, Assist. City Manager states Laguna Hills rejected a proposal from Mission Viejo to share their animal shelter in 2005 due to increased expense and "unknown and serious contractual problems that exposed the city's budget to unknown and uncontrollable cost increases and expenditures".
So, Don if the contractual problems are "unknown" how do you know they are serious and uncontrollable? Laguna Niguel has had the same contract that was presented to Laguna Hills with the Mission Viejo Animal Shelter for more than 10 years and in 2008 Aliso Viejo joined the Mission Viejo Animal Shelter so none of this has been a problem for them? October 25, 2005 - Mayor Allan Songstad, speaking about the Laguna Hills City Council said, "When you've been doing business in a certain way for 13 years you're not likely to change that." So true, Allan, so unfortunately true.

Thursday, November 12, 2009

Laguna Hills City Council Meeting - 11-10-09

FEATURES: ** A Shoutout to our Laguna Hills Police dept. for patrolling Laguna Hills Neighborhoods and finding and stopping suspicious activity in empty houses. Good Work! See details at: http://www.ocregister.com/news/house-215859-doan-vacant.html

Campaign Kickoff on Thursday, November 19, 2009 for 2010 Candidate for Laguna Hills City Council Barbara Kogerman - This is a chance to hear the candidate's ideas for the city, to share your ideas, to hear a Surprise Announcement and to experience one of the most beautifully designed and decorated homes in Laguna Hills. Contact 949-855-9889 for more information.

** Presentations and Proclamations - Orange County Human Relations Council Annual Report
** Public Comments - None
** LHHS Student Liaison Report from Lisa Mc Corkell - Seasonal Flu Shots avail at LHHS this Saturday
** Consent Calendar - Another progress Payment for Oso Pkwy. landscape project and $8,600,000.00 is budgeted for "Future" for Oso Pkwy landscape projects, also $610,000 budgeted for "Future" for 9 additional City Identification Monuments
** Items removed from Consent Calendar - 2 by Council Member Carruth
** Planning Agency Report and Public Hearing - Request from the Villa Roma Restaurant to incorporate limited music, dancing and entertainment
** Administrative Reports -
** City Manager's Report - Holiday Charitable events involving the Fire Dept.
** Matters Presented by Mayor & City Council Members - Web Casting Laguna Hills City Council Meetings for the citizens - finally, after 18 years, could it be???
** Closed Session - Public Employee Performance Evalluation for the City Manager, Bruce Channing - Post closed session city said - Nothing to report .
* Crime Watch Laguna Hills Report - see it in the Orange County Register Newspaper

* Information, Questions, Concerns and Comments from Watch Dog Readers -
Recent OC Register Newspaper Stories about the Laguna Hills City Council
Laguna Hills buys it's City Manager a $60,000 car in Tustin
City manager won't comment on $60,000 car
It’s the health insurance, stupid!
Full benefits for part-time elected officials are reasonable, mayor says
**Laguna Hills City Staff Top Level Salaries already 5% above the County Average
* How to Support the Adopted 3rd Battalion, 5th Marine Division- Adopted by the City of Laguna Hills

11/10/09 Laguna Hills City Council Meeting
All City Council Members were present
.


PRESENTATIONS AND PROCLAMATIONS

Orange County Human Relations Council Annual Report - Ken Inoyue, Commissioner with the OC Human Relations Council made a brief statement on data collected by the Council specific to activities in Laguna Hills including hate crimes, incidents, mediations and various programs. He said the OC Human Relation's Council identified 1 hate crime incident in Laguna Hills in 2008 and did one mediation in 2009 involving a Laguna Hills resident. Two LHHS students Sandy Mendez and Stephanie Perez participated in the OCHR Council's year long Human Relations Training Program.
LH Watch Dog sends congratulations to those students for volunteering for this valuable program and completing it.

PUBLIC COMMENTS - NONE

LHHS Student Liaison Report - from Lisa Mc Corkell - Tonight CSF California Scholarship Federation is hosting a Veterans Day Banquet. AMCE is hosting a canned food Drive on November 20 and all canned food will be donated to So. County Outreach and there is a Fall Play, "Fools", by Neil Simon runs Nov. 19-21. Blood Drive hosted by Key Club on Nov. 19. No school tomorrow and football, tennis, girl's tennis boy's water polo and cross country have all made it to CIF this year.


Council Member Melody Carruth asked Lisa if she knew when the Flu clinic will be at Laguna Hills High School. Lisa stated she believes it is Saturday and is just for the regular Flu not the Swine Flu. Melody stressed it is open to the entire community not just the students.

*** The OC Register Newspaper says Seasonal Flu Shots only, NOT Swine Flu, will be available from 9 am to noon on Saturday for $25. To register e-mail Nancy Walters at svhealth@svpta.org

Consent Calendar *(The Consent Calendar consists of multiple items on which the city council votes as a whole unless an item is pulled for individual consideration)

The Warrant Register was $228,532.47 this time.
Progress payment # 8 for the Oso Pkwy Landscape Project was made to Marina Landscape. According to the Extended Agenda for this LHCC Meeting, this project began on Oct. 13, 2008 and started on a year of maintenance in May 2009. Maintenance work in progress includes hand and chemical removal of weeds, and preparation of grass areas for replacement hydroseeding, followed by plant replacements. 10% retention of the money paid to date continues to be withheld to insure job quality. Total paid to date is $995,608.00. The city's Biennial Budget 2009/10-2010/11 shows that in addition to the current Oso Pkwy Landscape Project, $8,600,000.00 is budgeted in the category of "Future, Unfunded" for Oso Pkwy. Open Space Landscape North and South between Moulton Pkwy. and Cabot Rd.

A progress payment of $7,500 was paid for the Robert Evans Murals which are reportedly close to being completed possibly by next month. The city's Biennial Budget states and additional $200,000 is budgeted in the category of "Future, Unfunded" for completion of the Early California History theme to include a Plaza Sculpture and something for the Rotunda. The city's Biennial Budget also states there is $610,000 budgeted for "Future, Unfunded" for 9 additional City Identification Monuments at each major street entry for community identification and enhancement. City also budgeted $525,000 for "Future, Unfunded" for an Equipment Storage Building at the rear of the proposed Aliso Hills Park.

Items Removed from the Consent Calendar 2 items pulled by Council Member Melody Carruth who had questions about a payment to Robert Evans for the murals that are not yet completed and to Richard Fisher Assoc. for a change order . Her questions were answered by Public Services Director, City Engineer Ken Rosenfield.

Laguna Hills Watch Dog commends Council Member Carruth for asking about items in the consent Calendar including the Warrant Register if she has questions because this is an area of the agenda that we believe much too often passes literally hundreds of line items in the Warrant Register and others in the rest of the consent Calendar as a whole without any question. The $60,000 car for the City Manager was a Warrant Register line item that was not questioned.

Consent Calendar was passed 5 - 0

Planning Agency Issues and Public Hearings - Request from the Villa Roma Restaurant for a Conditional Use Permit (CUP) to incorporate limited music, dancing and entertainment in existing restaurant at 25254 La Paz Rd. Ste. A.


Theresa Razo is the representative for the Villa Roma Restaurant that is zoned Community Commercial (CC). The Proposed entertainment will occur entirely within the enclosed portion of the existing restaurant tenant space. The CC zoning permits restaurants and nightclub uses. Nightclub is defined as "an establishment dispensing liquor with or without meals in which music, dancing or entertainment is featured." The restaurant will be providing limited entertainment. music and dancing Thursday - Sunday 7 pm to 10 pm and Friday and Saturday to 11 pm. The use of a DJ and live Karaoke is prohibited. There is an additional request to provide limited entertainment for private events and holidays, fund raisers, etc. Argentine and Italian foods are served here. The restaurant shares the building with it's own affiliated business partner the Villa Roma Market and Deli. There were 34 conditions included in the CUP including that the restaurant doors are to remain closed when entertainment is in progress. The city staff recommended approval of this CUP based upon no significant adverse environmental impacts so not a detriment to public health, safety and general welfare.

The Applicant Theresa Razzo spoke and answered the council's questions. There was a very lengthy discussion among the council members regarding the issue of noise problems for residents in a nearby residential community vs. the need for this business to be able to grow and make a profit. There had been several noise complaints in the past which were clarified by Laguna Hills Police Chief. Lt. Doan who stated The 4 noise complaints that the Sherrif's dept. responded to at this restaurant, 2 were on a Saturday night and 2 on a Sunday night. Nov. 13, Oct 25, Nov 23 of 2008 and Jan 24 of 2009 with no additional complaints since January. In all 4 of those instances the restaurant's front and patio doors were open when the deputies arrived and DJ Karaoke Music type were going on. He said that music was fairly loud and powerful and appears out of character with what the applicant is looking for at this time. He added that they had the volume of the music turned down and the doors closed and received no further calls on those evenings after the corrections had been made. The applicant was questioned about this and she responded that she and her husband, the chef, who are owners in this restaurant were not present during the times of the complaints, but have since learned that they must always have a manager on duty until closing to be sure this is in control and will do that in the future.

Council Member Melody Carruth argued there have been 7 calls with complaints and this area was not designated to be an entertainment zone with music and dancing, is too close to homes and upsets the balance in the area.

Council Member Craig Scott stated that based upon what he has heard from the applicant and the staff he would prefer to extended live the entertainment hours to 11 pm Thursday through Sunday and 10 pm on Valentine's Day as long as the noise is controlled and subsequent report is obtained in 6 months.

Council Member Randall Bressette supported Council Member Craig Scott's motion to extend the entertainment hours.

The CUP with staff recommendation passed 4 - 1 with Council Member Carruth being the No vote.

Administrative Reports

City Manager Bruce Channing stated the OC Fire Authority will participate in a Food Drive on Nov. 24. with food going to the 2nd Harvest Food Bank, and they will participate in SHARE Ourselves that also serves the residents of the County. All the area fire Depts. will be locations for drop offs. Also there will be a Spark of Love Toy Drive Nov. 21 - Dec. 24 to collect Toys at the local Fire Departments for unwrapped toys and sports equipment that are then re-distributed to underprivileged children throughout Southern CA.

Community Services Recreation Program Rate Study -
Staff Recommendation that the City Council approve Increasing the rates charged for recreation programs as outlined in the staff report. New increased fees for facility room rentals and increased fee schedules for classes were brought up to date by City Staff and Parks and the Recreation Commission after never having been reviewed in the past 10 years, to insure that the city does recover direct as well as indirect costs. A total of $9,530 would be the amount of increase in revenue to the city with the updated rates.

City Council Member Randall Bressette objected rate increases of a third or more for residents because he wants to enable residents to keep taking their children to classes. He stated he would vote for increases only for non-residents.

Mayor Lautenschleger said he agreed with recovering costs and added that this should have been done every couple of years instead of waiting so long.

This was passed 4 - 1 with Randall Bressette being the No vote.

Matters Presented by Mayor & City Council Members

WEB CASTING the City Council Meetings??

Mayor Joel Lautenschleger resurrected the Web Casting idea (The Laguna Hills Watch Dog has advocated for years doing live and unedited web casts of city council meetings). He said a lot of the newspaper stories are just blogs, inaccurate and sensationalizing. He said the there is a lot of misinformation out there and web casting would allow more people to see how the city council operates and give them the ability to key in on one particular area of interest. He asked for a Staff Report on this idea, including costs and what is available. He added that it's good public policy to have a system that can be analyzed by anyone.

It is important to note here that at the December 11, 2008 Laguna Hills City Council Meeting Joel Lautenschleger had been just been re-elected and began serving as Mayor for 2009. He said then that he was going to look into putting the city council meetings on the web site for citizens to view to let the citizens see how the city council actually reaches their decisions and prevent spin from the news media and by residents. The Laguna Hills Watch Dog responded - (Now, if only we could prevent spin from the city we'd all be in great shape! The Watch dog definitely encourages much more transparency in this city government including televised city council meetings, but will continue to tape the city council sessions and check for editing if the sessions are televised)
At the Laguna Hills City Council Meeting on March 17, 2009 Joel also said he wanted to streamline the city's web site and that hasn't happened either. Now on Nov. 10, 2009 following a lot of bad publicity related to the discovery of the large bonus and a $60,000 car for the Laguna Hills City Manager during an economic recession when the city reduced staff by 8%, is cutting back on other things and raising rates for classes, etc. this comes up again in the name of Transparency?

Council Member Melody Carruth agreed with getting a staff report and seeing what can be done with web casting the city council meetings to make it easier for the public to follow what the council is doing.

Council Member Randall Bressette stated "I find it interesting that a city council who wouldn't even agree to have Staff Reports published on the web site prior to city council meetings would even consider this." He suggested that if this is done do it live so it is not subject to edit and censure. People play to the camera making it go on much longer. This is not a way to respond to bloggers and horrible time for additional expenditures.

Council Member Craig Scott agreed with much of what Randy said that the conduct of council members would change, said it was unwise and objected to staff time spent for this.
He said he thought it was a virtual certainty that the conduct of council members will change, whether it's viewable live or later there will be the feeling that we've got to speak to all the issues.

Council Member Alan Songstad stated he was in favor of the report but challenged Randy Bressette on his statement that there was any decision made that staff reports not be included on the web site. He said he didn't think that was true and never voted on that.


The Laguna Hills Watch Dog has to go with Randy on this one. We have experienced an abundant lack of transparency from this city council but we never expected them to actually vote to make "lack of transparency" an official policy. If that happens we hope Mr. Songstad will let us know, and Mr. Scott were you not elected to speak, if briefly, to "all the issues"?

Draft Resolution re. the sale of the Costa Mesa Fair Grounds.

Council Member Melody Carruth stated she had a copy of a draft resolution to circulate among interested members of the city council regarding the sale of the Costa Mesa Fair Grounds and Costa mesa's right to determine land use provisions within their city boundaries.

Council Member Craig Scott rejected getting involved with the business of other cities and their land use issues, etc. .

New Eagle Scout in Laguna Hills

Council Member Randall Bressette congratulated a new Laguna Hills Eagle Scout - Parker Mc Pherson

** Closed Session - PUBLIC EMPLOYEE PERFORMANCE EVALUATION for the CITY MANAGER - Bruce Channing and Reconvene in regular session in the City Council Chamber to Report on whether any reportable action was taken on matters considered during closed session.

The Laguna Hills Watch Dog received a phone call from City Clerk Peggy Johns at 11:45 am on 11/11/09 with the information that there was Nothing to Report from the Closed Session regarding City Manager's Performance Evaluation on 11/10/09

Laguna Hills Crime Watch Laguna Hills Crime Watch for the past 3 weeks go to: http://www.ocregister.com/articles/police-crime-blotter-2087713-arrest-burglary?City=Laguna Hills Laguna Hills Crime, What's Happening in your Neighborhood by Alejandra Molina, Reporter, Orange County Register. Keep up with crime in Laguna Hills, where it's happening and how it might affect you. This column is continuously updated.

Information, Questions, Concerns and Comments from Watch Dog Readers

Citizens shared their views in these recent OC Register stories through bloging their information and opinions:

http://taxdollars.freedomblogging.com/2009/10/30/laguna-hills-buys-its-city-manager-a-60000-car-in-tustin/41479/
Laguna Hills buys it's City Manager a $60,000 car in Tustin


http://www.ocregister.com/articles/city-channing-car-2635479-year-hills
City manager won't comment on $60,000 car


http://taxdollars.freedomblogging.com/2009/11/05/its-the-health-insurance-stupid/42089/
It’s the health insurance, stupid!

http://taxdollars.freedomblogging.com/2009/11/05/full-benefits-for-part-time-elected-officials-are-reasonable-mayor-says/42213/

Full benefits for part-time elected officials are reasonable, mayor says

Bruce Channing, City Manager chose not to respond to questions about his salary increases, big bonus for 2008 and his $60,000 car bought in Tustin in addition to all his other perks in the midst of a recession, but he did have this to say in an April 25, 2005 story in the Orange County Register Newspaper by Blythe Bernhard and Tony Saavedra entitled - Perks fill out city managers' compensation Running a town earns officials home loans, SUVs and free gas

On the other side is Laguna Hills City Manager Bruce Channing, who commands the seventh-smallest city and is the seventh-highest paid city manager in the county....

Channing said there are other factors to consider, such as experience, performance and how much councils are willing to pay to keep their chief executives from taking other jobs. Channing has been in Laguna Hills since 1991. "Performance is the key factor," he said. "If the City Council didn't think I was providing a valuable service, they would have decided long ago I wasn't worth the compensation I receive."

It appears that Melody Carruth may have been correct at the 6/10/08 Laguna Hills City Council Meeting when the City Manager told her otherwise. The discussion involved PERS and PARS Retirement plans for Laguna Hills City Employees. The Discussion of Retirement Plans for City Employees was scheduled to come back for more discussion but we cannot find any evidence that it was discussed again in any Laguna Hills City Council Meeting after 6/10/08
Notes From the 6/10/08 LHCC Meeting

City Council Member Melody Carruth asked - Did we not make a decision years ago that salaries would be 5 to 10% higher than County to be competitive and that we would have a retirement package that may be a little lower?

City Manager Bruce Channing answered NO to that question.

From the City Council Policy #105 Financial Policies Biennial Budget FY 2009/10 - 2010/11

The city has an established employee compensation program that is designed to attract and retain highly qualified individuals who are capable of delivering a high level of service in a streamlined organization. The city will continue this commitment to competitive market based compensation and pay for performance.

The city will strive to maintain a highly competitive salary and benefits program which sets the top step of salary ranges at 5% above the County Average for each comparable position. The city manager will annually conduct a market survey of similar positions in Orange County and recommend to the city council salary adjustments in keeping with this policy.

How to Support the 3rd Battalion, 5th Marine Division
Adopted by the City of Laguna HillsResidents and businesses interested may contact the City of Laguna Hills at (949)707-2680. Please contact Debra Allen at (949) 632-8395 or via the Committee’s email at
darkhorse92653@cox.net for more information about the Laguna Hills 3/5 Adoption Committee, donations and providing support for the Marines, Sailors and families of 3rd Battalion, 5th Marines