Laguna Hills City Council Meeting 9-22-09

FEATURES:
** Presentations and Proclamations - None officially, but a HUGE thank you to our Laguna Hills Police and the rest of the Sheriff's dept. who captured the alleged bank robbers in Laguna Hills without any injuries occurring!
** Public Comments - NONE
** LHHS Student Liaison Report - Lisa Mc Corkell's report

** Consent Calendar - Warrant Register this time is $787,060.22
** Items removed from Consent Calendar - NONE
** Planning Agency Report - T-Mobile requesting a wireless communication Tower disguised as a tree, Renovation of Apartments in Via Lomas Area
** Administrative Reports - Senior Services may receive Block Grant Funds but no transportation, Oso Pkwy. Landscape Problems - 2 issues - Landscape Project Deficits and Trail Fence Opening Problems (Why the string of bad contractors for Laguna Hills?) and Household Hazardous Waste (HHW) Program Update - Did you know there was an HHW Pgrm. in Laguna Hills?
** City Manager's Report - None
** Matters Presented by Mayor & City Council Members - Now they like the State of CA. Initiative Process??
* * Information, Questions, Concerns and Comments from Watch Dog Readers - Reminder For all Pet Owners in Laguna Hills - Saturday Oct. 3 from 9 am to 1 pm - low cost vaccine , ID chips and license at the LH Community Center

See the Remarkable Life of Nellie Gail Moulton on exhibit in the lobby at City Hall

One of the citizens who does not agree with taxpayers buying the City Manager a $50,000 car
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09/22/09 Laguna Hills City Council Meeting
Randall Bressette was absent all other City Counil Members were present.
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PRESENTATIONS AND PROCLAMATIONS - No official Presentations or Proclamations but a HUGE thank you to Lt. Doan, our Chief of Police in Laguna Hills, and to all the Seriff's Deputies for their great work in the capturing of alleged bank robbers in the Nellie Gail area of Laguna Hills on Sept. 18, 2009 without any injuries. See story in the OC Register online at: http://www.ocregister.com/articles/suspect-pursuit-clemente-2572131-robbery-authorities Two suspected bank robbers were taken into custody after a high-speed pursuit through two freeways and a residential neighborhood in Laguna Hills. The two suspects abandoned the vehicle near Nellie Gail Road and Houston Trail, and a foot pursuit ensued.

PUBLIC COMMENTS - NONE

LHHS Student Liaison Report - from Lisa Mc Corkell - 1st home football game this Friday at 7:00 vs. El Toro High School, followed by dance with theme of Cowboys and Indians. No school on the Monday the 28th.

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)

Item 4.2 - The Warrant Register this time is $787,060.22
Item 4.3 - City shall adopt an ordinance requiring payment of a tax assessment prior to seeking judicial review of the assessment. This refers to the TOT - Transient Occupancy Tax/ Hotel Tax.

Items Removed from the Consent Calendar - NONE

Planning Agency Issues and Public Hearings

Item 5.2 - A request by T-Mobile to install a wireless communication facility disguised as a Eucalyptus Tree near the Southeast corner of Moulton Parkway and Alicia Parkway in the open space. This issue has to be continued to Oct 13, 2009 because the city failed to notify residents within a 300 foot radius of the subject site.

Item 5.3 - A request to renovate the existing Rancho Moulton Apartment Complex located at 25701-25729 Via Lomas in the planned residential zoning district. The city's information states these are 51 two story wood frame units. Their exterior wood siding will be replaced with stucco, there will be repairs to the roofs, new fascia trim and gutters with downspouts, plus new energy efficient windows, and patio doors. The parking lot will be resurfaced, curbs and sidewalks repaired and completion date is targeted for 12/15/09. This project began without permits from the city so a hold has been placed on the project for approval of the Planning Agency. This was approved 4-0 - Good job Vern Jones!

Public Hearing Comments - Glen Gillespie, Representative for the owner of these apartments stated the apartments are fully occupied during this entire renovation.
Administrative Reports

City Manager's Report - None

Melissa Au-Yeung from the City Manager's office reported on the - Senior Services Block Grant

The city was awarded one of the 2 grants for which it applied and the council is voting tonight regarding signing contracts with the County of Orange and South County Senior Services to receive a Grant for Fiscal Year 2009-10 for approximately $50,175 which it has been tentatively awarded, to go to the Florence Sylvester Senior Center. The amount of money actually received will be dependent upon US Dept. of Housing and Urban Development (HUD) appropriations. The funds will be used to remove existing facility front and rear swing doors and add new automatic egress doors, remove restroom floor tile and add new non-skid tile, remove kitchen floor and floor drain and replace with new floor and drain, plus add new hands free faucets, 6 toilets and 2 urinals and a new phone system. There is No Fiscal Impact to the City. It has been almost a year since funds were last requested by the Florence Sylvester Senior Center and apparently more than 10 years (if ever) since Laguna Hills has contributed any funds to the Seniors. Now it appears that they may be contributing one grant they found for $50,175. This was passed 4-0

A review of this issue: At the 11/25/08 Laguna Hills City Council Meeting city staff stated they had found some grants for Seniors and completed and submitted the applications. They reported 2 grants for about $50,000 each and an OCTA Senior Grant for 2009-2010 that requires matching funds from the city for a total of a possible $131,980. At the 12/9/08 LH CC Meeting Council Member Alan Songstad said if the all the grant money the city is applying for comes through that will be $131,000 and would make the City of Laguna Hills the largest contributor to the Florence Sylvester Senior Center

At the 11/11/08 Laguna Hills City Council Meeting we were surprised to hear that the City of Laguna Hills had never contributed anything to the Non-Profit Florence Sylvester Senior Center located in Laguna Hills for Laguna Hills Seniors in the past 10 years. There was also a complaint that there was no transportation for seniors in Laguna Hills. The 2nd highest spending priority for Laguna Hills Citizens on the 2007 City Survey was - "Provide Transportation for seniors and disabled citizens."

Public Comments - Ms. Barbara Kogerman, Laguna Hills Citizen, thanked the council for moving forward on this Grant and urged the council to consider applying for an OCTA Senior Mobility Grant now to help Seniors get back and forth to the Senior Center.

City Council Melody Carruth asked staff about the Senior Mobility Grant.
City Manager Bruce Channing replied that they had been doing some analysis on the Senior Mobility issue and will go from there.

So, we learned that the city apparently did not apply for 3 grants, when they originally told us they had and apparently did not apply for the OCTA Grant, which was a top spending priority for Laguna Hills Citizens in 2007. The amount of $131,000, which was predicted by Council Member Alan Songstad, for Seniors was not received and the Transportation Grant was not included but at least, after 10 years of nothing, the Laguna Hills Seniors now hopefully will receive $50,000 to apply toward helping the Senior Center that is located in Laguna Hills stay open.

Public Services Director, City Engineer Ken Rosenfield's report - Oso Pkwy. Landscape Problems - 2 issues - Landscape Project Deficits and
Trail Fence Opening Problems

The Landscape Project Deficits

The Contract for the North and South Sides of the Oso Parkway Landscape Project was awarded to Marina Landscape, Inc. for $988,438.10. Marina Landscape was the low bidder of 7 bids per the 8/26/09 Laguna Hills City Council Meeting Minutes. $1,510,000 was originally budgeted for this project. LH WATCH DOG readers may remember it was Laguna Hills Citizens Ms. Donna Sievers and Ms. Laura Dickson who constantly monitored the Aliso Hills Drive Slope Renovation Landscape Project to insure it's success in 2008. Deja Vu in 2009 when citizens are needed again. In our 9/8/09 issue Laguna Hills Citizen Mike Bland complained - My walk tonight took me on the new "landscaped" pathway along the South side of Oso Parkway between Moulton and Nellie Gail Road and I was horrified by many areas dying from lack of water and others over watered. The weeds were thicker in parts than the new landscape plants. The area looked terrible! Doesn’t someone from the city check to see if the area is being maintained correctly? Who is responsible for the follow-up here?
On 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." But is this supposed to happen every time or can the city tighten the specifications when a contract is put out for bid on these projects to better eliminate the worst contractors?

The city's report says the landscape contractor's maintenance practices were lagging so the maintenance period of 1 year was extended 2 weeks for initial poor performance and further extensions are being considered. The contractor was not following recommended irrigation procedures due to misinterpreting information from Moulton Niguel Water District related to watering during the daytime hours. This resulted in the death of multiple trees, plants and ground covers. This is reportedly being corrected now as the contractor continues to adjust the sprinkler system to the needs of the new plants, etc. There was also a portion of the V-ditch on the North side that has some overgrowth and silt blocking drainage and this will reportedly be resolved by city maintenance. Additional trash containers will also be added to the trails 3 more on the North side and 2 on the South. Signs are also being installed to keep equestrians off of the new decomposed granite trail to prevent permanent damage.

Mr. Fisher, the Landscape Architect for the Oso Pkwy. Project project, stated, among other things, that the contractor's foreman reported he has not been able to obtain the support he needed from his boss related to manpower on this project. Mr. Fisher also stated that the Slope Saving Fescue was planted at the wrong time of the year which was a reason most of it died, and the sprinkler heads were changed by the contractor without permission from the city or the the Landscape Architect. Mr. Fisher added this can all be corrected but the city needs to decide what action to take to extend the contract, and/or recover damages.

Trail Fence Opening Problems

The city's report states the construction of the bioswale on the North side of Oso Pkwy. necessitated a relocation of a fence opening in the Nellie Gail Homeowner's Association equestrian trail fencing. A new location was chosen but an adjacent homeowner objected to that location so an alternate location was chosen in the field by staff. (The homeowner in question, who chose to remain anonymous, attended this City Council Meeting and stated he was protecting the extensive drainage system he had put in place on his property in 2005 and was guarding against continued vandalism to his property. He reported he had tools and fruit stolen and fences broken in the past. He strongly objected to the fence opening being located so close to his property, and his final recommendation was for no opening in the fence.) The new fence opening had an elevation difference and required five 2 ft. x 10 ft. steps. The Nellie Gail HOA then sent a letter to the city with a request for an "At Grade Trail Opening" to keep horses and riders safe from having to negotiate a steps. Then the Nellie Gail HOA reportedly had their fence contractor install 3 vertical posts in the stairway to prevent horses for leaving the private trail toward Oso Pkwy.

Ms. Marlene Sandler, Laguna Hills Resident stated she was opposed to what the homeowner who objected to the original site for the fence opening said. She noted
that they don't want the steps, but any of the other sites for the opening would be okay. She said the trail fence was installed when Oso got larger, and the traffic and speed increased. . She said it's true that there is no dedicated equestrian trail but that everyone except a motor vehicle is allowed on the multi use trails including equestrians. She said the equestrians wish they could have a series of underground tunnels to use to cross busy streets but using the street crossings is a necessity. She said that when Mr. Fisher made his original presentation to the Nellie Gail Board of Directors she talked to him about establishing the fence opening in the original area, which was much safer for equestrians, then the opening was moved about 260 feet and steps added. She asked that the trail opening be moved back in the direction where it was. She said the new trail on the South Side is problematic related to "No Horses Allowed" especially in wet weather.

There were 3 possibilities presented for Trail Fence Openings, with estimated costs varying from $1,000 to $30,000 for changes/relocations. The city staff was left with instruction from the council to discuss the fence opening in more depth with the Nellie
Gail HOA and attempt to work out a solution. "Mr. Rosenfield, solve the problem"
- per City Council Member Songstad.

Deputy City Manager/Community Services, Dave Reynold's report -Household Hazardous Waste (HHW) Program Update - (last reviewed 6/19/08)

After one year of this program in Laguna Hills how's it going? Laguna Hills Citizens can drop off HHW at 3 collection points in Laguna Hills - (But do they know that?) :

1 - the Laguna Hills Community Center - You can dispose of batteries, cell phones and CFLs - (Compact Florescent Lamps) here
2 - The Laguna Hills Car Wash at 24794 Alicia Pkwy. - You can dispose of batteries and cell phones here
3 - Lamps Plus at 23451 Avenita de Carlota - You can dispose of CFLs only here

The results of this are stated to be - 497 batteries and 215 cell phones were collected at the Laguna Hills Community Center and there is no data for the other 2 drop off locations.

If you can quickly memorize and retain that assortment of drop off points and coordinate them with the items each one has agreed to accept you can ponder why only one of those collection points was relatively successful while you move on to the needles and syringes collection sites and their special instructions!

Starting in May of 2009 there were 2 Sharps (needles and syringes) locations noted:

1 - Moulton Plaza Pharmacy at 23665 Moulton Pkwy.
2 - Dial Drug at 24261 Avenida de Carlota

Residents may go to either of these locations and pick up a quart container that hold about 70 needles and syringes, fill them and return them to these locations.

The results of this are stated to be 560 syringes were collected at Moulton Plaza Pharmacy and No Information for the other location.

City Staff says drop off points are still a good option for citizens because Laguna Hills Residents dropped of HHWs at the following toxic waste dump centers:
1 - Anaheim = 7 drop offs
2 - Huntington Beach = 6 drop offs
3 - Irvine = 876 drop offs
4 - San Juan = 466 drop offs.

San Clemente and Aliso Viejo have started a door to door program for HHWs.
San Clemente's program began in Oct. 2008 and to date they have collected 29,956 lbs. of HHW items and had 485 collection calls in one year. This program added 35 cents a month ($4.20 per year) to their residents waste services bill.
Aliso Viejo's program began in April of 2008 but was only documented for the past 7 months. They recorded 143 calls for pickups and collected 6,519 lbs of HHWs. The cost for this program was incorporated into their solid waste services.
Per the report from Laguna Hills more residents of San Clemente and Aliso Viejo dropped off HHWs then called for collections.

***Old Cells Phones are requested by so many charities to raise money, so please also consider giving old cell phones to favorite charities rather than dropping them off at any HHW collection site.

Matters Presented by Mayor & City Council Members

Mayor Joel Lautenschleger - Congratulations to our Sheriff's Dept. for stopping the armed robbers in the Nellie Gail area which involved our Laguna Hills Police and no injuries and thank you to the volunteers who helped with the Clean Up Day on Saturday, where about 220 lbs. of trash was collected.

Also Attended the League of Cities Meeting last week and the cities have passed a resolution to go forth with an Initiative to help protect Prop. A money from the State.

City Council Member Alan Songstad stated the theme for the League of Cities meeting was Strong Cities and Local Control. Protection for Prop. A money, gas tax, sales tax, TOT, etc. He said he and Joel made a 100/100 pledge to raise $100 and get 100 signatures on a petition for a strong State Wide Initiative to stop the State in the future from invading local funding. ** For those citizens who attended the Laguna Hills City Council Meetings when term limits were addressed you will share our confusion at hearing Joel and Alan talking about being eager to use the Initiative Process now when we heard them previously saying they did not believe in the Initiative Process, it should be eliminated and it was a poor way to run a government. Apparently it's a good tool if it's useful to them at the moment otherwise it's very bad and should be eliminated?

City Council Member Melody Carruth - It is the end of West Nile Virus season with
only 1 person and 7 birds testing positive in Orange County for West Nile Virus. Also LHHS projected an enrollment of 1600 students and has just under 1800 which means smaller classes and more classes for the students plus more teachers rehired.
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Information, Questions, Concerns and Comments from Watch Dog Readers
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Have you seen the new Nellie Gail Moulton Exhibit at City Hall in the lobby. It is a very interesting peek into the Remarkable Life of Ms. Nellie Gail Moulton for all to enjoy.

Reminder For all Pet Owners in Laguna Hills - On Saturday Oct. 3 from 9 am to 1 pm at the Community Center (25555 Alicia Pkwy-across the street from Ralph's supermarket) the County Shelter's low cost vaccination and micro chip identification program for all pets is the first step of the license amnesty program for Laguna Hills citizens. Per the City of Laguna Hills flyer :
Dog License - $24 for neutered or spayed dogs. and $100 for unaltered dogs - No fines or additional fees at this clinic for dogs that citizens have failed to previously license.
Vaccines for Dogs and Cats:
DHPP (DA2PP) - $14 Rabies - $6 Bordetella - $11 FVRCP - $14
Identification Microchips: - AVID Micro-chips - $28
All services are on a 1st come 1st serve basis. All dogs must be on collars or harnesses with leashes. Cats must be in carriers. Pet owners must be at least 18 years old and Method of payment is CASH ONLY for vaccines and micro-chip IDs.
**Checks are accepted for Dog Licensing Only.
*(If your pet has already been vaccinated, check with your Veterinarian to see if your pet needs additional vaccines.)

Excuse me, we are paying $50,000 for a car for the City Manager of Laguna Hills and we are also paying for all his expenses, plus his inflated salary and a big bonus. Apparently we can pay but we can't play? We can't be allowed to know the goals he has to meet to earn all this. In that case I am betting there aren't any goals that would be approved by citizens but there may be some that significantly benefit the city council members?? Harry - Laguna Hills Citizen for 32 years.