07-14-09 Laguna Hills City Council Meeting

Last Special Budget Session & Adoption of the
New General Plan
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PUBLIC COMMENTS

Mike Bland, Laguna Hills resident stated that on July 7 he stopped for the signal at the intersection of Moulton and Alicia. He looked across the street and noticed a man in the bushes with a bag picking up cans. At that point a young man in an auto made a slow turn around the corner, opened his passenger window and threw 4 cans onto the sidewalk. The man in the bushes stared at the car and cans and walked over to pick them up. It was then that Mike recognized the man, rolled down his car window and jokingly yelled "Mr. Mayor, they finally found a job for you"! Mike said Mayor Joel Lautenschleger responded, "All I'm trying to do is pick up trash". Mike yelled back, "He must have thought you needed the extra cans". Mike ended with these questions - Have budget cuts at City Hall gone too far making it necessary for the Mayor to pick up cans or is he just being a good citizen? Maybe we should all follow Joel's good example or maybe we should all follow him to City Hall with our cans?

Consent Calendar

The Consent Calendar included: Warrant Register for $461,515.95. The University of Texas received $15,300.00 for conducting the last Laguna Hills Citizen Survey.

City Council Public Hearings and adoption of the 2009 comprehensive General Plan Update.

Mayor Joel Lautenschleger stated the city has spent about 2 years so far on this General Plan Update. ** It is important to know that this is the first update that this city has done for their General Plan since the city's incorporation in 1991. A General Plan is usually updated by cities about every 10 years according to the information on the State of CA. web site re. city plans.
Mayor Lautenschleger congratulated the members of the General Plan Advisory Committee who were appointed by the city council, the city staff and EDAW, the group that lead the development of the plan, for all their hard work. He also gave certificates of recognition of services to the General Plan Advisory Committee Members.
** Whoops, it is true that many members of the GPAC did a great job as did the staff and EDAW (not so true of the city council who spent a lot of time just trying to decide whether or not they should attend each Public Session) and they should be recognized. It should also be important to a city council that there were many Laguna Hills Residents who participated in the Public Sessions as well as in observing the General Plan Advisory Committee Sessions on their own time. Sadly, they were not recognized or thanked by the Mayor or the city council or the staff of EDAW. All the citizens received was a suspension of their "sticky dot privileges" when they used their dots, as instructed, in Public Sessions to illustrate what they thought was important rather than what the majority of the city council thought was important. Tough luck residents! But LH Watch Dog does recognize you and thanks you for exercising your rights and duties as citizens to participate in city government and telling the City of Laguna Hills what was important to you in the New General Plan of your city where you live. We are very proud of you!!

Vern Jones Community Development Director thanked his staff, EDAW, the General Plan Advisory Committee. He said the plan was built on what people already like about Laguna Hills and the process was to focus on the positive things and add to them through the General Plan Process.

John Bridges from EDAW (the plan development company) talked about, adopting the plan now after having dealt with the difficult Housing Element that required review by the State. John said this plan will guide the city over the next 10 to 20 years. John again thanked the General Plan Advisory Committee and noted the 8 guiding themes that were initially adopted as the basis of the plan.

Opportunity areas include the Alicia Gateway, Moulton-La Paz, Via Lomas, and the Urban Village Specific Plan.

The Alicia Gateway opportunity area is about 40 acres located West of the I-5. The focus of the plan in this area was to create consistency of land use on both sides of Alicia Pkwy. Rather than commercial on the North and mixed use on the South, as it is now, the new plan proposes creating neighborhood mixed use over the entire area that would promote more retail businesses and eventually eliminate industrial use such as the storage units in that area. It limits heights of buildings to 2 and 3 stories and allows some introduction of residential units as part of the mixed use.

The Via Lomas opportunity area is located in the West-central portion of the city near Moulton Parkway and Alicia Parkway. It consists of approximately 39 acres. The focus for this area is on Rehabilitation and Replacement to provide additional opportunities for home owners, about 100 additional residential units and 13 acres of parks, recreational opportunities and open space.
The Moulton-La Paz opportunity area located in Southwest Laguna Hills is bounded by Moulton Parkway to the West, La Paz Rd. to the South, Alameda Avenue to the East, and the Moulton La Paz neighborhood to the North. The goal in this area is to improve the Moulton La Paz Retail Center including its overall appearance. The plan extends the community commercial designation toward La Paz with the idea of expanding commercial activity and improving trails and landscaping. There would be an addition of about 30,000 sq. ft. of retail space under this land use proposal.

In the Urban Village Specific Plan area which encompasses the Laguna Hills Mall and Saddleback Memorial Medical Center, there is some additional development capacity. There are opportunities here for retail, residential, hotel and office use. The plan allows for the addition of about 117,000 square feet of retail space. Much emphasis here is placed on alternatives to cars, the focus is on walking, and biking.

The City Council adopted the plan that includes certification of the final project, and the environmental report, and approved an ordinance governing the zoning of the opportunity areas.

City Council Member Melody Carruth expressed concerns about the long term air quality in the city related to the additional traffic, widening of freeways, and roadways, etc.

John Bridges from EDAW responded with the suggestion of adding a clause containing language stating minimizing the effects of air pollution from expanded roadways on Laguna Hills residents through use of berms and appropriate landscaping, etc.

Public Hearing Comments

Michael Curtis, Laguna Woods resident expressed that 63 homes on a hillside in Laguna Woods, boarder Laguna Hills on Laguna Hills Drive and are subject now to increasing noise from traffic. Laguna Hills Dr. is designated in the new General Plan as a major artery so he suggests a sound wall be installed for the Laguna Woods residents.

Robert Hawkins from the Golden Rain Foundation, that was formerly Leisure World, stated there were impacts on other cities as a result of Laguna Hills' new General Plan that need to be considered such as increasing the sq. ft. in the Urban Village Area at the intersection of Moulton and El Toro. He said an analysis should be done now and mitigation planned.

Barbara Kogerman, Laguna Hills resident asked why airport land use was mentioned in the General Plan and noted there was a mention of sufficient levels of community services and facilities. She pointed out that this was the first update of the plan in 15 years. She said that she understands the recommendation is updating the General Plan every 5 to 10 years so at this point she was hoping there would be more addressing of the issues of seniors. She noted that in 10 years about 23% of the population of Laguna Hills is going to be over the age of 62, therefore it seemed to her that there should be some consideration given to a level of support for services for an emerging large bulge in our population. She said she would like to see more addressed whether it's in the area of transportation, or health and welfare. She added this was not to put us into a welfare state but to address the fact that we would have a large senior population coming on board.

Mr. Jerry Austin from a firm that dealt with the EIR (Environmental Impact Report) portion of the new General Plan was asked to answer questions from Public Comments. He said there is a research group that does Orange County Projections (OCP). They do projection reports for every 5 interval to 2030 for all of Orange County's housing, population and employment. These reports are used by all cities to consider analysis based upon all cities building out in the future and the impact of that on neighboring cities. All cities work from these forecasts to construct their General Plans and that was done for this city's General Plan.

John Bridges from EDAW added, in answer to Ms. Kogerman, that the airport references in the General Plan have nothing to do with El Toro anymore but with things such as landing pads for helicopters used for rescue, and hospitals, etc. and building height related to buildings not being higher than 200/20 stories so as not to interfere with aviation. This is required by the State as a safety aspect of the General Plan.

Vern Jones Community Development Director answered Mr. Curtis' question stating that the noise wall along Laguna Hills Dr. that currently exists is in the City of Laguna Woods. Since noise in this area is generated by regional traffic and since no specific development or project is shown in the plan along this corridor addressing mitigation for noise in this area was not required in the General Plan.

City Council Member Allan Songstad in answer to Ms. Kogerman's question about Laguna Hills Seniors cited a discussion of senior issues in 3 sections of the General Plan under Mobility, Conservation of Open Space and Housing. He said there are some specific comments in these sections. **So for all you Seniors who were worried - there you go, they mentioned you!

City Council Member Melody Carruth asked for an addition to the Animal Care Services reference in the General Plan stating that the city should design Pet Owner Classes to encourage and promote Responsible Pet Ownership. City Council Member Randy Bressette agreed. Ms. Carruth added that she would also like to add a policy to develop guidelines to promote waste reduction and encourage reusable shopping bags, etc.

City Council Member Craig Scott mentioned that he wanted to state that he has consistently and strongly objected to the Housing Element specifically, that he does not believe the state should be telling this city what kind of or how many housing units we are required to have. He said he would vote against the Housing Element in the plan if he were free to do so. He ended with, "I just don't want anyone to think that I've grown soft". **That line got a big laugh from the audience and it would appear fair to conclude that any worries about anyone believing Mr. Scott has gone soft can be dismissed from his mind.

The New General Plan was adopted 5-0

5.2 Resolution Updating the City's False Security Alarm Fees from $64 to $85 on the 3rd false alarm and each false alarm thereafter.

Lt. Steve Doan, Chief of Police for Laguna Hills added that 10 to 20% of the calls for service in Laguna Hills per year are for False Security Alarms, so these are a significant drain on services.
This passed by a vote of 5 -0

5.3 Amendments to the Adopted Building Permit and Plan Check Fees.

New Building Fees include:
0-100 sq. ft. housing additions - $609.83
101-200 sq. ft. housing additions - $764.28
301-400 sq. ft housing additions - $1,007.69
401-500 sq. ft housing additions - $1,307.89
Free standing outdoor fireplace 1 - 100 sq. ft. $609.83
Residential or Commercial Gunite Spa only 0-100 sq ft - $1,307.29

New Building Fees passed by a vote of 5-0

5.4 Confirmation of 2009 Weed Abatement Cost Report

Ken Rosenfield - Director of Public Services and City Engineer stated that only 3 properties did not comply with weed abatement this year. One of those is vacant, the other is Bank Owned and the third failed to comply in time.

These properties will be charged by the city for cutting their weeds and the charges will be added to the property tax bills by the County Tax Collector.

This passed by a vote of 5-0

PLANNING AGENCY ISSUES - NONE

Administrative Reports

City Manager's Report - Bruce Channing, Laguna Hills City Manager stated that the 4th of July celebration went smoothly, no damage and the clean up was successful. ** For all you fireworks buffs, there were $10,725.00 worth of fireworks exploded this year from Pyro Spectaculars, Inc.

Assistant City Manager's Report - Civic Center Public Art program - Status Report
The 6 (so far unidentified heads) busts in the lobby of City Hall were $38,790, so far. The feature wall in the lobby of City Hall with the branding irons, etc was $61,418 to date. The lobby murals were $15,000 to date, Chamber murals were $70,469 to date (not yet installed). A plaza sculpture will be $2,000 reportedly, the Lobby Display Case will be $3,348, interpretive signage will be $13,000, Archive will be $10,000, consulting services $27,000 to date and ongoing, Misc. = $10,000 so far, Lighting is $19,150 to date.

$270,175.00 is the expense to date. The budget was reportedly $514,000.00 so the city is reporting they are (243,825.00) under budget. $59,238 reportedly came from a Public Art Fund and there was a loan from the General Fund of $210,937 which together = $270,175.00 Additionally there was $75,000 charged to the 2007-09 operating budget - but for what is not reported and there is the fee for the Art Consultant Kim Monarch for the past 18 months. The total of her fee is reportedly the $27,000 consulting fee noted above. Her contract expired in June of 2009 but was renewed and she is reportedly being paid an amount not to exceed $20,000 for the current fiscal year to oversee this Public Art Program under a Consulting Services Agreement.

History is - City purchased the Civic Center Property in 2002. In June of 2007 the city council approved $514,000 as part of a City Capital Improvement Plan for Public Art at the Civic Center. 4 artists were commissioned to complete 9 works of art. 6 pieces are completed - the 6 adobe busts (unidentified heads) on the 2 shelves high on the walls in the Civic Center Lobby, the Civic Center Lobby murals, and the flat iron work on the Feature Wall. These were completed in Jan. 2008 and this was the 1st phase. Work on the 2nd phase is continuing - this includes the Interpretive Panels by Artist Robert Evans, the Lobby Display Case, and the Council Chamber Murals. The third phase is the Plaza Sculpture which is presently on hold. The Interpretive panels which consist of historic information, maps, text and smaller pictures, should be installed in Sept of this year and were approved in Nov. of 2008. The Lobby Display Case for rotating art displays will feature (the Unremarkable-according to Craig Scott) Nellie Gail Moulton starting July 20 of this year.

City Council Member Melody Carruth did ask that the 6 busts in the lobby be identified for the public, she asked if they were properly secured related to safety,and asked for a plan for the public to be able to view the Council Chamber Murals when the council was not in session.

Peggy Johns, City Clerk stated Mayor Lautenschleger is appointed as the voting delegate for the California League of Cities Annual Conference and Council Member Allan Songstad is appointed as the alternate at this time by the city council.

Matters Presented by Mayor & City Council Members
Mayor Joel Lautenschleger stated the new landscape company (Nieves) is doing a great job, so far, of cleaning up the city. ** That is possible but from what we heard earlier tonight (see 1st Public comments above) the LH Watch Dog suspects that the previously mysterious figure in the bushes with the super clean up powers is giving the new landscape company a lot of support! Go green, Go Joel!

City Council Member Melody Carruth - spoke about Senate Bill (SB 250) The Pet Responsibility Act that addresses pet overpopulation in the State of California. She reviewed this bill for the city council noted the significant success of this type of bill in Santa Cruz County, and reminded the council that many hours have been spent in this city discussing ways to improve animal care services. She noted that so many citizens of this city and other cities are interested in this State Plan because this is not something that can be adequately handled on a local level alone. The death toll for unwanted animals in this State is enormous as is the bill to the State for impounding and then killing these animals and it is becoming increasingly worse. She stressed that this plan is extremely flexible related to owner's rights and asked for the support of the Laguna Hills City Council through a Letter of Support for SB 250 being sent to State Senator Dean Florez, Governor Schwarzenegger, and the Assembly Appropriations Committee Chair Kevin De Leon.

City Council Member Craig Scott had some questions about some of the numbers presented to the City Council about this bill but said he supports it.

Tom Epperson - Laguna Hills Citizen spoke on this issue and stated he has spoken here before about animal shelters, and although we certainly need more animal shelters in addition to the County Shelter in Orange County, the real answer to the problem we are talking about is spaying and neutering. He stressed that this is the only long term way to keep the pet population down. He clarified for Council Member Craig Scott that the State is now paying about $250 million to house and kill about 500,000 unwanted pets a year in California. He stressed that these pets are not "euthanized" because they are too ill to survive, they are killed because they have no homes. He noted this bill is responsible and covers exceptions for breeders and individuals. He said the arguments against it such as nannying, big brother and personal freedom cannot compare to the carnage that takes place in California Shelters every year. He added it's ridiculous that we have allowed this to happen and said he believes Laguna Hills should be on the positive side of something like this. He mentioned that there are some 75 other cities in the state of CA. that have notified the Appropriations Committee that they are for this bill and he would like to see Laguna Hills be on the right side of an animal issue. He urged that the city council vote for Ms. Carruth's resolution.

Don White, Assistant City Manager expressed that requiring spay and neuter on a city by city basis probably doesn't have an impact. This needs to be done on a more regional basis or a state level if it's going to have any real impact on the unwanted dog and cat population.

Mayor Lautenschleger said we cannot build enough shelters to take care of all the unwanted animals, he supports it.

City Council Member Alan Songstad said he supports it too.

Mayor Pro Tem Randall Bressette questioned some of the language in the bill and thought it could be more clearly worded but supported it.

The council's vote was 5-0 in favor of sending the letter of support.

City Council Member Melody Carruth mentioned some other concerns regarding the Oso Parkway Landscape project such as stairs on the North side that may be dangerous, weeds growing in the decomposed granite trails, over watering resulting in pooling of water in the area of a natural spring on the South side of Oso Pkwy. that could result in mosquitos and the death of plant material including trees in this area, a V ditch blockage that is filling with water near the bioswale and the need for trash containers along the trails. There is also sidewalk damage on Bridlewood that has apparently been caused by the contractor and needs to be repaired.

Ken Rosenfield - Director of Public Services and City Engineer responded that these problems are being addressed. He said the stairs between the city's trail and the Nellie Gail trail were part of the original plan in a slightly different location and this was presented to the Nellie Gail HOA at a meeting that was held between the city's landscape architect and the HOA Board. During construction the homeowner closest to that opening asked that it be relocated and that was done in concert with the Nellie Gail's former field manager, but the general manager may not have been aware of that discussion. He stresses that the stairs were meant for people not horses so the entrance to the stairs has been narrowed to prevent horses from using it. He said this was done voluntarily by the Nellie Gail HOA who installed 2 posts to narrow the opening at the top of the stairs. He noted that the steps could be narrowed further or abandoned as needed. It was noted that the landscape company has about a year to correct problems and successfully maintain this area, replace dead plants, etc.

Public Comments

Joy Schwarzberg and Lorna Lockwood spoke about their desire to establish a very professional natural pain control business in Laguna Hills for the use of Medical Marijuana for Pain Control. They said they were interested in locating in the Taj Mahal Building and asked that the city council establish a clear ordinance related to this type of business. They said there is a similar business already in Laguna Hills but apparently not approved. They noted they were not scheduled as speakers tonight so will return in the future to speak to the council about this.

This is the last city council meeting until August 25, so the LH Watch dog is also taking a break!

Adoption of New General Plan for Laguna Hills

6-23-09 Laguna Hills City Council Meeting

Three council members vote NO to More Transparency in City Government and YES to dumping two Sherrif's deputy positions.

06/23/09 Laguna Hills City Council Meeting
All city council members were present.
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PRESENTATIONS AND PROCLAMATIONS - A Certificate of Recognition was given to Mr. Sam Castillo, who served in Viet Nam, for lifelong support of American Veterans. Sam drove his fully restored 1948 Willy's Military Jeep to Washington DC to meet with the director of Veterans Affairs, Gail Wagner, to raise awareness of the needs of American Veterans. He stopped to talk with Veterans all along his route to DC and back and he has an Adopt a Veteran program where people can be pen, phone or e-mail pals with a Veteran. Everyone was very receptive and obviously proud of Sam's dedication and accomplishments. Sam mentioned that he completed his trip in his vintage jeep with only the loss of his starter and thanked everyone for his Certificate.

PUBLIC COMMENTS

Mr. Pierre Gilbert of Laguna Hills asked for additional police presence related to the increased running of a red light in the area of Moulton Pkwy, between Laguna Hills Dr. and Alicia. He reported that there was a traffic collision in this area last Sunday and added that a lot of people crossing Alicia from Moulton do run that light.

Lt. Steve Doan, Chief of Police for Laguna Hills thanked Mr. Gilbert for his information and agreed that this does warrant attention so will look into this area related to the need for increased police presence. He confirmed that there was a traffic collision there.

Consent Calendar


The Consent Calendar included: Warrant Register for $1,955,012.59 - includes $12,112.72 on B of A Visa for training, travel and supplies, $22,998.72 for Professional Fees for Public Art, Progress payment of $328,059.36 for El Toro Median Island, etc.

Items Removed from the Consent Calendar

Item 4.9 - (2009-20011 Salary and Benefits Resolution entitled A resolution of the City Council of Laguna Hills regarding employment and establishing salary ranges and benefits for classes of employment in the city) was pulled by City Council Member Melody Carruth.

City Council Member Melody Carruth unleashed a firestorm by simply asking if there were any guidelines for the City Manager's bonus program for the city staff. Funds for this program were established to be between about $75, 000 and $85,000 per the city manager and the assistant city manager. Melody asked if there were always bonuses for the staff.

Bruce Channing, City Manager stated there would be no cost of living adjustment for next fiscal year but he could increase salaries a year from now based upon consumer price index and comparables related to staff salaries in neighboring cities up to a 5% maximum. He stated this was at the city managers discretion. He noted there are not always bonuses, staff must qualify for them.

City Council Member Melody Carruth asked if the words "with the approval of the city council" could be added to the words "at the city manager's discretion" in the interest of transparency and check and balances, especially in times like this when many cities are looking at every benefit and the public expects transparency. Melody noted that there was no requirement now for the city council to even be advised of this expenditure. She also asked about the car allowances and mileage reimbursement for staff and if there were any guidelines or requirements for these and would he give the city council a set of the guidelines.

Bruce Channing, City Manager stated the staff could make this clear to the city council and noted that the auditors would pick up on any inconsistencies related to employees receiving both a car allowance and mileage reimbursement, etc. He said all employees are allowed to make requests for mileage reimbursement if they are driving on city business and are paid the federal rate for mileage reimbursement. Channing added that the code enforcement officer/building inspector positions get a car from the city because this was deemed to make more sense. He also said that salary and bonus information for staff would be available to the city council members at quarterly as well as mid cycle budget reviews. Channing did not commit to giving the city council a set of guidelines, or a specific report. He talked around that subject. He did say the city engineer and community development director receive a car allowance and the city clerk does not.

City Council Member Randy Bressette suggested that language be added to "at the city manager's discretion" stating that a report be given to the City Council regarding salary increases and bonuses, etc. rather than adding that the city council must approve the city manager's discretion because the Council is very interested in assuring that staff is adequately compensated.

Greg Simonian, City Attorney suggested language stating the city manager should provide a report to the city council regarding salary adjustments, bonuses, etc.

City Council Member Craig Scott said he was very strongly opposed to comments in the motion because they intrude inappropriately on the city manager's authority. If we don't like the way he's doing this we ought to change the city manager but we ought not to underrmine his discretion. When we charged him to make these decisions I think it's inappropriate to then require that there be a public report or that he justify in some way the exercise of his discretion. He stated that in many cities it is part of the city code that
the city council cannot intrude in the way that has been suggested by the comments and by the impending motion. Perhaps this is something we need to look at.
**Note - Because Craig Scott negotiates the city manager's salary package and bonus, one might think it would be in Craig Scott's best interest that there be transparency in the entire process of staff salaries, benefits and bonuses including the salary, benefits and bonus of the city manager? This is called checks and balances and if never checks are never conducted there is a danger of inappropriate behavior that is never discovered.

City Council Member Randy Bressette stated he does did not believe Ms. Carruth's request was intrusive or inappropriate. He said he has discussed previously and he wants to make sure that this happens or it will require more discussion in the future. Randy said he doesn't need details he wants the city manager to say he has done this and increased that, etc.

City Council Member Allan Songstad said he saw no reason for any report from the city manager.

Mayor Joel Lautenschleger said this is how we have been doing business for 18 years, Channing has the authority and no need to invade. This is superfluous.
** This is how we have been doing business for __X___ years is a frequently repeated response from Lautenschleger & Songstad that they seem to believe is a credible answer to questions regarding transparency or change. See a direct quote below from Songstad under City Council Member Say the Darndest Things".

Vote was taken on motion for additional language to be added to City Manager's discretion and this motion failed 3 to 2. Scott, Lautenschleger and Songstad voted NO, Carruth and Bressette voted Yes.

City Council Member Melody Carruth followed this vote with a motion that the city manager provide an auto allowance policy to the city council. She said this is pretty standard procedure and some cities are eliminating car allowances and other expenses.
We are just asking for a policy from the city manager.

Mayor Joel Lautenschleger responded that this is not necessary.

Vote was taken and motion failed 3 - 2.

** This was an exceptionally interesting discussion for the public related to the resistance to transparency by 3 of the council members in the area of staff salary and benefits in addition to the fact that no one has or apparently will reveal what the 8 mysterious objectives are that the city manager has reportedly met in the past, is meeting in the present or will meet in the future to qualify for his large annual bonuses??

Item 5.1 - the Biennial Budget

Bruce Channing, City Manager stated the city budget is $1.4 million less than the prior budget. He reminded us again of the possibility that the State could raid city funds and he noted that it appears the State may be interested in taking gas tax money in the amount of perhaps $1.7 billion over the next 2 years. (The gas tax is used by cities for maintaining and rehabing or improving public streets and is dependent upon the city's population. The $1.7 billion is the amount that Bruce Channing says could come from all CA. cities collectively not from each city. From The Bond Buyer - Daily newspaper of Public Finance says - "Calls for suspending about $1 Billion in fuel tax apportionments to local governments in fiscal 2010. using the money instead to fund state general fund debt service on transportation bonds. Local governments say this proposal would illegally strip those governments of one of their main tools for street maintenance.") http://search.aol.com/aol/searchs_%20it=%20top%20search%20box.search&q=Gas+tax%2C+state+of+CA Channing continued that the State may also try to take $350 million from re-development funds which would not affect Laguna Hills but is also thought to be illegal. The State could also borrow for 3 years $860,000 from the City of Laguna Hill, which Assistant City manager Don White said would not affect our city by itself.

City Council Public Hearing for the Biennial Budget - Were any Citizens aware of this Public Hearing?

Public Comments

Tom Epperson, Laguna Hills Resident spoke on lack of transparency stating about the budget, the lack of transparency shocks me. I'm shocked at the fact that you folks stand up against transparency. That's all Mrs. Carruth is asking for. When you talk about budget you're talking about spending our money and all of you spoke against any transparent thing. Nobody is talking about what Mr. Channing is doing wrong or what he's doing that he shouldn't be doing. All we're talking about is transparency. If we don't have transparency this is the age for it and you need to realize that.

Mayor Joel Lautenschleger - interrupted Mr. Epperson by stating thank you Mr. Epperson we are talking about the budget this evening and

Mr. Epperson responded this is about the budget, transparency is part of the budget. We're talking about the budget for Laguna Hills for next year so I'm sorry but to me that's my money you're spending and that's my budget. Thank you very much.

Mayor Joel Lautenschleger continues with Well, lets see, no one wishes to speak to the budget this evening we will now close public comments.

There is a resolution in the city council to adopt the budget and a second.

City Council Member Melody Carruth asked how could the State borrowing $860,000 from Laguna Hills not be an important concern for us?

Don White, Assistant City Manager stated if the State takes multiple sources of money for the city such as the gas tax money and the $860,000 and didn't pay it back it would become a concern and we may have to reshuffle.

City Council Member Melody Carruth stated that she felt we should let our legislature know this is a problem for us.

Don White, Assistant City Manager responded that is a job for the League of Cities.

Bruce Channing, City Manager advised that the State should be given the message that they need to use their own resources not ours. He said the cities are required to balance a budget and they should do that as well with out taking local government's money. They need to make more cuts in staff.

Mayor Joel Lautenschleger stated there is an increased lack of transparency at the State Level.
** This is a surprising comment from Joel if you have read the information above. Did Joel mean there is more lack of transparency at the State level than at the Laguna Hills level or that he is only interested in transparency at the State level??

City Council Member Randy Bressette stated that 18 years ago when Laguna Hills was incorporated a higher degree of safety was promised to the citizens than they were receiving through the County at that time. That promise has been met and the cost of law enforcement has increased very significantly but now we are cutting 2 full time deputies from our city police force. He said in doing this we reduce the safety of our neighborhoods and our residents to an unacceptable level and that's a decision I'm not willing to participate in. Randy suggested that one deputy be returned to us in fiscal year 2010. Randy suggested that the city council move some items around to accomplish this including the traffic light planned for La Paz and Appaloosa because this area already has good traffic flow and $29,000 of funds that were identified as "Rounding" funds. (** The Traffic Light for this intersection is noted in the extended agenda to be funded by funds from Prop. 42, and developer fees.) Randy made a motion to restore one deputy in 2010.

Mayor Joel Lautenschleger said we are safer now than in the past and the last city survey said the citizens felt this is a safe place to live.
** Important Note - The last city survey was conducted in February of 2009 and the 2nd Sheriff's deputy position had been gone for only 1 month at that time.

City Council Member Allan Songstad said there was a very positive report from Lt. Doan so don't think this loss of 2 deputies will be a problem. Seems prudent and don't think we can divert money from highway funds for police services. Can't backfill this with prop. 42 money.

City Council Member Randy Bressette said pardon me can I clarify that for you. Mayor Lautenschleger mumbled something. Then Randy said to Mayor Lautenschleger, He brings up a point that he misunderstood. Mayor Lautenschleger mumbled something again, and Allan Songstad responded that if he interrupted every time he thought someone was not understanding there would be a free for all here.

Greg Simonian City Attorney - stated he believes money for highways cannot be diverted to police but will check on that.

City Council Member Melody Carruth said she favors restoring 1 deputy sheriff position because the city council took a pledge to preserve and protect at incorporation and if these positions are deleted now it will be tougher to restore them in the future. She said if we ask the public if they would rather have an additional deputy or a traffic signal she believes they'd say a deputy. She also noted that it would take possibly a year for the public to feel the impact of the loss of the 2 deputies.

City Council Member Craig Scott said he wanted to clarify to the public that there were 2 positions here, one has been vacant for a year and the other for 6 months. During that time crime has gone down so no jeopardy to community by not filling these positions in the next 2 years. He asked for a response from Lt. Doan to this matter of safety. He also stated never use Capital dollars for an Operating Expense like the police budget.

Lt. Steve Doan, Chief of Police for Laguna Hills responded that both of these positions have been vacant, 1 for a year and the second since the first of this year. He said the police force will not change or decrease performance indicators and will look at alternatives and work on maintaining them and on preventative patrol time. He said he hopes to be able to do that and will work hard to be sure citizens don't notice any deficiency.

** Note - It is very important to note here that there are 2 deputy sheriff positions being eliminated from the city budget. Lt. Doan confirmed that 1 deputy position has been unfilled for about a year but he also clarified that the other deputy position has been vacant only since January of 2009. The last city survey was conducted in Feb. of 2009 so Mayor Joel Lautenschleger was really reaching in quoting the city survey as proof that there was no perceived change in safety by citizens with 2 deputy positions gone. In Feb. of 2009 when the citizens were surveyed the 2nd deputy position had been gone only a month which is not long enough for citizens to notice a difference in a survey.

City Council Member Randy Bressette responded that he agreed the city could not use highway funds directly for police services but there are legitimate ways to shift funds and projects to make the rehiring of 1 deputy work. He said he believes Lt. Doan will work hard on this but why take the risk?

Mayor Joel Lautenschleger laughed.

City Council Member Randy Bressette asked Joel, "I'm sorry, that was amusing?"

Mayor Joel Lautenschleger answered, Yeah, are you finished?

Mayor Joel Lautenschleger also stated that it is foolish to use the money for this. No support from him.

City Council Member Craig Scott said in the last year we have done without these 2 positions and have done well.
**Note to clarify for Craig Scott, we have not does without these 2 deputies for the past year. The 2nd deputy has only been gone for almost 6 months.

City Council Member Randy Bressette asked for a roll call vote on this elimination of deputies from police services issue and was denied. The vote was 3 to 2 against keeping the deputy positions.

PLANNING AGENCY ISSUES

Vern Jones Community Development Director stated a vote needed to determine if the Capital Improvement program was in conformity with the General Plan.
Vote was Yes 5 - 0

No other Planning Issues - Back to the City Council Meeting

Administrative Reports

Lt. Steve Doan, Chief of Police Services report - on fees for false alarms in the city. Lt Doan asked if the city wanted to continue in the County program to charge fees for false alarms and if so need to put this in the Municipal code and agree on a price.

City Council Member Melody Carruth asked how is a "false alarm" determined?

Lt. Steve Doan, Chief of Police Services responded when a home alarm goes off the alarm company calls the resident and if they believe the alarm is real they then call the police. When the police investigate and they find that something has happened like a service worker entering the home without knowledge of how to use the alarm system a false alarm is determined. There were 200 false alarms in 2008 and Lt. Doan stated that in 25 years with the Sheriff's Dept. he has responded to only 3 real alarms. The fees are for 3rd false alarm offences and all those beyond that number and is about $64 to $85. About $18,000 collected by the city for this in a year.

Greg Simonian, City Attorney stated This city has always been a participant in the program for false alarms and has allowed the County Board of Supervisors to set the fees that are from about $64 - $85

Matters Presented by Mayor & City Council Members

Mayor Joel Lautenschleger - The Oso trail is well used and some resident ducks are in the bog area now. He is going to Sacramento on Friday.

City Council Member Melody Carruth asked Assist. City Manager Don White what would happen if the Governor chopped 3 days off the 6 days allowed at government animal shelters like the one the City of Laguna Hills required it's citizens to use in the city of Orange. Don White responded the city has bought an additional 3 days at the shelter for Laguna Hills pets so this would mean no difference for us.
**Note - Assistant City Manager Don White is WRONG - The Orange County shelter touts 7 days as it's length of stay not 6 although we determined that the 1st day is usually spent inside an animal control vehicle because each County Animal Control Officer has such a huge area to cover. Additionally the 3 days purchased by the city are on a space available basis only so are rarely usable since the OC Shelter is always overcrowded and the additional 3 days may not be for all animals - the city does not keep us updated on that. Our last update was a document, dated Nov. 22, 2006, stating the Laguna Hills City Council approved the purchase of 3 additional retention days for all dogs and non-feral cats received by the Orange County Animal Care Services from Laguna Hills. This document also states that at the conclusion of FY 2006-2007 these 3 additional days will be re-evaluated for effectiveness by the city council and it asks that the staff of the OC Animal Shelter track any costs for this service. What the city failed to tell citizens is clearly stated in the contract between the city of Laguna Hills and the county animal shelter as follows: "Additional retention days will be offered to CITY upon written approval by County's OC Community Resources Director, or designee, on a space available basis only." So the very poor services from the OC Shelter for citizens of Laguna Hills will become perilously worse if a citizen loses a pet, especially if that citizen is on vacation, or otherwise away. Also citizens of Laguna Hills already do not want to turn found animals over to such a high kill shelter and if days are cut the kill rate will climb.

Melody asked Don White if he has had any discussions with other cities about supporting AB 250 the new neuter and spay law. Don White responded he had no discussions.

Melody asked if any update on the County building the new animal shelter. Don replied they are still working on it, no updates.

** Go to the OC Register newspaper and locate Pet lovers wage war on plan to cut shelter holding period to learn more about this or You can call the governor’s office at 916-445-2841 or leave him an e-mail the Governor at: http://gov.ca.gov/interact#email

City Council Member Melody Carruth said Grad Night for LHHS was very successful although their budget was cut by $20,000. She also reported that West Nile Virus is off to a slow start this year compared with last. Vector control is identifying abandoned back yard pools and treating them. They are also letting the neighbors know that the abandoned pools have been treated so the neighbors won't treat them as well.

City Council Member Allan Songstad said the State League of Cities is preparing a draft resolution for the State regarding city funds and meeting to discuss how to reform the State Government.

City Council Meeting Adjourned to closed session for a conference with legal council re anticipated litigation.

Dog Mauling Victim files Claim Against Laguna Hills
http://www.ocregister.com/articles/claim-dogs-city-2457274-right-christian
The claim states the city is liable because it was aware of general deficiencies in Orange County Animal Care Services' dealing with dog bites and had notice that the dogs were "potentially dangerous or vicious dogs" but failed to use "reasonable diligence" to ensure the animals were adequately restrained or euthanized.
Will the city have to pay more for this law suit than it would have cost them to obtain good animal care services for it's citizens with pets?