LAGUNA HILLS CITY COUNCIL MEETING 10-27-09

FEATURES:
** Presentations and Proclamations - Desalination Plant for South Orange County?
** Public Comments -
** LHHS Student Liaison Report - Report from Lisa Mc Corkell
** Consent Calendar - Warrant Register this time is $622,796.02, - $4737.50 paid to Faubel Public Affairs for City Views Publication
4th Quarter Financial and Treasurer's Report - City Reserves are about $11.5 million, with an 8% decline in the General Fund Revenue and Claims Settlements against the city increased 29.8% in 2009.
The Civic Center Management Committee Report - 17% Vacancy rate at Civic Center.
Orange County Taxi Administration Pgrm. Regulations Revision
** Items removed from Consent Calendar - 1
** City Council Public Hearings - NONE
** Planning Agency Report - NONE
** Administrative Reports -
** City Manager's Report - NONE
** Assistant City Manager's Report - NONE
* Public Hearing for San Diego Regional Water Quality Control Board - Request from staff that the city designate a member to make public comments at the NPDES forth term permit Public Hearing but city manager says Regional Board will not listen to anything that the players in this region have to say.
** Matters Presented by Mayor & City Council Members - Bash before the Clash, H1N1 County info. & Dealing with CALPERS and Possible Constitutional Convention
** Closed Session - NONE
* Crime Watch Laguna Hills Report - see it in the Orange County Register Newspaper * Information, Questions, Concerns and Comments from Watch Dog Readers - City of Laguna Hills held Dog License Amnesty Day on 10/3/09 because it says it's losing about $200,000 a year in revenues for unlicensed dogs, but does not know how many new dog licenses were issued on 10/3/09?
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10/27/09 Laguna Hills City Council Meeting
All City Council Members were present.
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PRESENTATIONS AND PROCLAMATIONS

Desalination Plant for South Orange County?

Presentation by Scott Maloni from Poseidon Resources a private company home based in Stamford Connecticut has a desalination plant in Carlsbad, CA. co-located with the San Diego Gas and Electric Plant and is planning one in Huntington Beach co-located with the AES Power Plant on Pacific Coast Highway. It would use the existing infrastructure of the AES Power Plant to access seawater and purify 50 million gallons a day of drinking water for South OC residents. It has been approved by the City of Huntington Beach who also certified the Environmental Impact Report, and issued the Coastal Development Permit and the Conditional Use Permit for this project. The project is pending review by State Lands Commission and CA. Coastal Commission. Application has been made for permits from both of these agencies and hearings are expected in late 2009 or early 2010.

This project would decrease reliance on imported water and support Moulton Niguel Water District and El Toro Water District. It will use the Reverse Osmosis process to purify sea water. No tax dollars to be used in development of this approximately $350 million privately funded project. Moulton Niguel Water District has signed a letter of intent to purchase 4,000 acre feet of water per year from Poseidon which is enough water to supply 8,000 families of 4 for one year. El Toro Water District signed a letter of intent to purchase 3,000 acre feet per year. Endorsements have been received from Orange County State Senators and Assembly Members, the Orange County Board of Supervisors, the OC Business Council and the OC Tax Payers Assoc.

The State Water Plan has reportedly identified a need for 500,000 acre feet of desalinated water by 2030. Poseidon will reportedly produce 56,000 acre feet of pure drinking water exclusively for Orange County every year. This is about 50 million gallons per day or about 8% of Orange County's water supply, enough for about 300,000 residents. The project is expected to create more than 2,000 construction jobs, 18 permanent jobs and an estimated 322 indirect jobs. Planning and construction costs are estimated to be about $350 million. Literature from the project says the water quality will be higher than imported water. The water from this plant is expected to be no more expensive than imported water and the plant should be operational by the year 2013. There are approximately 1000 desal plants now in operation all over the world.

Council Member Melody Carruth asked if there were any environmental objections and Mr. Maloni responded that there are some objections from people and groups who do not like the co-location with power plants who use sea water as cooling technology called once through cooling. They are pushing for desal plants to use a different type of technology to access seawater. He noted there are 4 reasons for co-locating with a power plant which are 1 - the need for an industrial zoned location, 2 -the need to be close to the ocean, 3 - the need to use the infrastructure of the power plant to get the pure water to the water districts and 4 - the desal plant uses water already taken from the ocean by the power plant to cool their generators, converts that discharge water to pure water, then mixes their salty residue with the plants discharge water to dilute the salt content of the discharge water. It takes 2 gallons of seawater to make one gallon of drinking water.

This Construction and Operation of this Project was supported 5 - 0

PUBLIC COMMENTS - NONE

LHHS Student Liaison Report - from Lisa Mc Corkell - Nov. 2 is a staff development day so No School that day. Last Saturday had the Homecoming Dance and won homecoming football game 45 to 7 against University. Oct. 28 at 7:00 is Fall Choir Concert, first concert of the year, Friday Oct. 30 at 7:00 is the first Comedy Sports Home Match, on Nov. 9 there is the 13th annual Hawk Challenge Event Fund Raiser - a dinner, auction and golf tournament to raise money for the school. There will also be a helicopter ball drop and the ball that goes into the hole wins $2,500. Call LHHS for additional information.

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 for this period = $622,796.02 The City Views Publication with Winter Activity Guide = $4737.50 paid to Faubel Public Affairs.

The 4th Quarter Financial and Treasurer's Report - The unaudited results of the 4th Quarter FY 2008-09 Report states the city's accumulated reserves are about $11.5 million and the city's total managed cash and investments of $9,750,930 are invested in authorized securities.
Public Safety Budget states for FY 2008-09 $6,327,542 spent to date
Claims Settlements increased 29.8% in 2009 were $90,875 for 2008-09 - up from $70,000 in 2007-08.
There was an 8% decline in the General Fund Revenue with $3.7 million excess in funding used ($26.5 million) over funding sources ($22.8 million).

Orange County Taxi Administration Pgrm. Regulations Revision - Steering Committee Revisions for protection of Health, Safety and Welfare of persons utilizing Taxicab services noted that fares effective May 24, 2008 are $2.95 for the 1st 1/4 mile, 65 cents for each additional 1/4 mile and $30 per hour wait time. No extra charge for additional passengers.

The Civic Center Management Committee Report - reported the city's income from the civic center was $176,000 for the past year with higher vacancies than it had in the past quarter. It noted 2 vacancies with no current prospects Suites 100 and 205 and there will be a 3rd vacancy on Nov. 1 - Suite 300. These combined vacancies will produce a vacancy rate of 17%. Within 12 months the leases will expire on suites 200, 201, 220, and 304. Staff is reportedly applying for stimulus money to replace air conditioning units and offering 1/2 off of first 6 months rent on 5 year leases with current asking rate of $2.55/sq. ft. Report stated budget will be in good shape as long as Suites 200 and 300 remain leased.

Items Removed from the Consent Calendar - 1

Orange County Taxi Administration Pgrm. Regulations Revision was removed by Council Member Melody Carruth who expressed concern about smoking in taxies, the poor condition of the interior of some taxies, and a problem reported to her of some taxi businesses apparently being run from home in residential communities. She asked if the taxi drivers all received background checks for criminal records. She also asked
when would be the appropriate time to make suggestions regarding the regulation of Taxis?

Lt. Steve Doan, Chief of Police for Laguna Hills answered in lieu of the appropriate staff resource person who was absent. Chief Doan stated our Administrative Sergeant Dave Harrington sits on both the Safety Committee and the Steering Committee representing the City of Laguna Hills. They meet on a bi-monthly basis and we can carry your comments, suggestions, etc. to those committees. Chief Doan stated he will check about the smoking and the condition of the interiors of cabs. He noted background checks are done for licensed cab drivers through required finger printing. He also stated that again he will check but does not think that licensed taxicab services can be run out of residential homes.

The Consent Calendar passed 5 - 0

Planning Agency Issues and Public Hearings -NONE
Administrative Reports

Public Services Director, City Engineer Ken Rosenfield Presented information on the Public Hearing for San Diego Regional Water Quality Control Board and a request from staff that the city designate one of its members to make Public Comments at the NPDES Forth Term Storm Water Permit for Municipal Separate Storm Sewer Systems Public Hearing on November 18, 2009 at 9:AM at the San Diego Regional Water Quality Control Board Office in San Diego. Concerns were noted regarding working toward elimination of irrigation runoff, and discharges requiring an investigation within 2 days, etc.
About this San Diego Regional Water Quality Control Board meeting, City Manager, Bruce Channing stated on 10/13/09 - " The San Diego Regional Water Quality Control Board is in the process of circulating a new draft, a permit for the San Diego Watershed Region, that we are in. Not surprisingly it is an extremely Draconian permit in its present form. One that is viewed by all of the agencies as virtually unattainable, and also beyond what would be considered reasonably best management practices and/or reasonable, practicable or whatever that term is that they use as far as being something we could actually do. I made the remark to the individual that was presenting that based on the way it's being promoted by the water quality district that it would be easiest, perhaps least expensive if we could just figure out how catch the rain before it hits the ground, so it could be returned to another source other than our storm drains because that's what they are hoping we can accomplish with the level of water quality." "The matter will be set for hearing, here fairly soon, requests are being made for elected officials in the region to attend and speak on the issue. It is expected that the County will appeal it after the hearing, because it's not thought that the Regional Board will not listen to anything that the players in this region have to say."

City Council Member Randall Bressette was assigned to attend this San Diego Water Meeting. Mayor Joel Lautenschleger will be busy that day. Council Member Bressette said he is very interested in this and is pleased to be the representative to this meeting.

Matters Presented by Mayor & City Council Members

Mayor Joel Lautenschleger stated "Bash Before the Clash" to be held on November 6 - a Tri Tip Steak Barbeque with the Mayor being the cook. Go to the web site for Laguna Hills High School to get tickets for this to support the sports program.

Council Member Melody Carruth stated she attended the Orange County Health Care presentation that was focused on the H1N1 virus and seasonal flu viruses as well. She said the County was well prepared on this issue dispensing education and information to the public about this. She advised the Orange County Health Care web site has information on H1N1 vaccine clinic days, & hours and who qualifies for a vaccine, etc.
She also noted that the Vector Control leaders are focused on addressing CALPERS Pension Reform with changes related to retirement at a later age, reduced formulas for pensions, and changes would be applied to future service only.

Council Member Alan Songstad stated he is member of City/County School Board Task Force on State Governments Reform and assisted in developing guiding principles organizations could use to evaluate reform proposals. These guidelines were created and adopted by the State League of Cities and other organizations that then reviewed reform proposals. Since then State League has filed 2 measures to protect local revenues. California Forward (that studies reform of State Governments) is also going to sponsor some Initiative Proposals and they are projecting that there could be as many as 29 propositions that deal with State Governments. Alan states he forgot his notes but continues that the most serious proposal for a Constitutional Convention is from the Bay Area Council (similar to the OC Business Council) and he stated he was excited about their proposal. They will have 2 Initiatives - 1 to call a Constitutional Convention and the 2nd is the criteria for the calling of a Constitutional Convention. They will not be addressing taxes,
and they have a specific plan for selecting delegates for a Constitutional Convention. Some states have regularly scheduled Constitutional Conventions, he suggest maybe CA. should have that as well. He also stated SCAG assigned him to a committee that he wanted to be on that deals with SB 375 - Senate Bill 375: Redesigning Communities to Reduce Greenhouse Gases .
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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.
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Information, Questions, Concerns and Comments from Watch Dog Readers
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The City of Laguna Hills held a Dog Licensing Amnesty Day on 10/3/09 because the city says it is losing an estimated $200,000 a year in revenue for unlicensed dogs in the city. The city council stated they will hire a canvasser from the county to go door to door finding the unlicensed dogs in 2010 if people don't license their dogs during the Licensing Amnesty periods, but when the LH Watch Dog asked how many new licenses were issued on 10/3/09 the city replied it does not have that information? The OC Register newspaper said about 36 licenses were sold on 10/3/09. Editor, Laguna Hills Watch Dog

Re: Woman mauled by 3 bull mastiffs sues county, city
In the November 2010 city council race, please remember what the incumbents have provided us for animal control services. An example of these services are documented in an agenda item dated March 19, 2008 for the city of Aliso Viejo. According to the document, one county field officer covers Service Area 6 which includes Laguna Hills and this one officer is responsible for 196 square miles. If our city leaders had chosen to contract with Mission Viejo, “the Mission Viejo proposal would provide field officers covering 42 square miles.” Our leaders set us up for an accident waiting to happen with the cheapest, minimal service they could contract for, meanwhile splurging on a bonus during the recession for the city manager and art work in the council chambers. When Aliso Viejo City Council was spending their time getting better animal care services to protect their citizens, the Laguna Hills city council sent out in March of 2008 the City Views Newsletter - with a full page titled “Animal Services Enhanced.” What did we get? - “Reading with Fido”. - Valerie

LAGUNA HILLS CITY COUNCIL MEETING-10-13-09

FEATURES: A new Candidate for Laguna Hills City Council in 2010- Barbara Kogerman - Kickoff Campaign Thursday, November 19, 6:30 to 8:30 pm at the home of Mr. James Vaughn at 25736 Dillon Rd. in Laguna Hills. Meet Barbara and hear her vision for the City of Laguna Hills. For more information call 949-855-9889 or e-mail kogerman4council@cox.net.

** Public Comments - A Puppet from the Assistance League of Capistrano Valley with an announcement about a Tour of 4 Homes Fund Raiser in Nellie Gail Ranch in December

** LHHS Student Liaison Report - Report from Lisa Mc Corkell
** Consent Calendar - Warrant Register this time is $352,617.75, A new Stop Sign on Pine Nut Rd. at Tree Top Rd. Sorting out and Correcting previously botched Parking Sign Placements on Arterial Highways throughout the city.
** Items removed from Consent Calendar - NONE
** City Council Public Hearings - Appropriation of Citizen's Option for Public Safety (COPS) Funds
** Planning Agency Report -
Item 5.3 - A request by T-Mobile to install and operate a 50 foot tall wireless communication facility disguised as a Eucalyptus tree near the Southeast Corner of Moulton Pkwy. and Alicia Pkwy.
Item 5.4 - Conditional Use Permit request to increase the boarding capacity of an Equitation Facility from 88 to 96 horses and related site improvements in Nellie Gail Ranch.
** Administrative Reports -
* Assistant City Manager's Report - A resolution authorizing the city to sell their Proposition 1A money to a 3rd party rather than loan that money to the State.
** Matters Presented by Mayor & City Council Members -

* City Manager's Report - New information on Water District
** Notes from the Laguna Hills Parks and Recreations Commission Agenda - Laguna Hills is losing money on the 1/2 Marathon Event and classes at the Community Center & No response from County Animal Care Services to citizen complaints of off leash barking dogs.
** Closed Session - Conference with Legal Counsel re. 3 law suits
1 - Existing Litigation - Elaine Christian v. County of Orange, Orange County Animal Care Services, City of Laguna Hills.
2 - Existing Litigation - Infinity Insurance Company v. City of Laguna Hills
3 - Proposed Litigation - Pursuant to Subdivision (b) of Govmt. Code Section 54956.9
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In 2010 there will be 3 Laguna Hills City Council Members running for re-election -
Craig Scott, Randy Bressette and Melody Carruth. The Laguna Hills Watch Dog staff has interviewed one new candidate, Barbara Kogerman. In our opinion a strong candidate who is 100% dedicated to seeking office, who has strong support, strong experience, who attends city council meetings, who is very familiar with the issues of Laguna Hills citizens, and who can and will effectively articulate his/her vision to the citizens is needed to successfully challenge city council members who have been in office almost 20 years. Her kickoff campaign will be Thursday, November 19, 6:30 to 8:30 pm at the Home of Mr. James Vaughn at 25736 Dillon Rd. in Laguna Hills. Meet Barbara and hear her vision for the City of Laguna Hills. For more information call her at 855-9889 or e-mail her at kogerman4council@cox.net.

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10/13/09 - Laguna Hills City Council Meeting
All City Council Members were present.
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PUBLIC COMMENTS

Debbie Carver - Member of the Assistance League of Capistrano Valley serving elementary and middle school children in the Capistrano School District with "Operation School Bell" spoke, and her puppet Melody also spoke. Melody, styled after the Muppets, was an adorable life sized version of a small child. Melody had an oversized mouth and a lot to say. The Assistance League is a national non-profit organization . During the last school year they supported 25,000 students. They provide new clothing for school children in need, head to toe. They clothed 1,200 students last year and 168 of those were from Laguna Hills. Their learning program provides grants to Middle School Teachers to enhance their classrooms. They gave $10,000 in grants to last year. When Melody is not at City Council Meetings she goes to Elementary Schools and talks with "Kids on the Block" about socially sensitive issues. They also have a Camp Pendleton Program where they give 2 new outfits to children in Military Families - Last year clothed 912 children. Debbie announced a Fund Raising Event - A tour of 4 Nellie Gail Ranch Homes decorated for the Holidays on Sunday December 6th, 2009 from 11:00 am to 4: pm. Tickets may be purchased for $35 after Nov. 19, 2009. For more information call 949-291-8404 or e-mail sharyn-art@cox.net

Anita and Bob Truitt - Laguna Hills Merchants - stated that they have 2 businesses.
Leisure World Auto Repair at 23512 Commerce Center Dr. in Laguna Hills which they have had for almost 20 years and Laguna Woods Auto Body which is a business they opened this year. They said they have been denied occupancy by the City of Laguna Hills related to some chain link fencing on the properties and they have been told they must replace this fencing. They explained that they rent the buildings for their businesses that the chain link fencing, that is not clearly visible from the public right of way, has been on the property for 19 years, since before Laguna Hills became a city. They said this is a blow to them because in this economy they cannot afford to remove and replace these fences.

Mayor Joel Lautenschleger verified that chain link fencing is not permissible in Laguna Hills, but since this is not an agendized item the city council could not address it at this meeting and, referred them to the city staff and asked staff to come back with a report on this issue.

LHHS Student Liaison Report - from Lisa Mc Corkell said tomorrow is a minimum day due to Back to School Night and Thursday is a Late Start Day. Friday, Oct. 23, is the Home Coming Football Game and Saturday, Oct. 24, is the Homecoming Dance. An LHHS Senior and Tennis Player, Jocelyn Lowe, was named OC Register Athlete of the Week on Sept. 28.

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)

Warrant Register this time is $352,617.75

$875.00 was withheld from the current billing of $8,750.00, and a $7,875.00 progress payment was made to Marina Landscape for the Oso Pkwy. Landscape Project. Total billing to date = $992,619.00 for this project. Staff withholds 10% from each progress payment to assure final performance of the work. This is the 7th progress payment and many problems remain on this project - see last edition of LH Watch Dog for more Information on the problems.

$26,979.00 was paid to the Orange County Animal Care Services for 3 months - April though June of 2009 - Is OC Animal Care services worth the money related to the poor service? See item in Parks and Rec. Commission Report below.

A new Stop Sign on Pine Nut Rd. at Tree Top Rd. - A resident complained about near miss traffic collisions at this intersection. Staff had Traffic Engineers conducted a field study which resulted in the conclusion that there are sight distance constraints in one direction as one enters the Tree Top Rd. intersection on Pine Nut. A Stop Sign was recommended as well the trimming of a private hedgerow at this location. The Traffic Commission, on Sept. 16, 2009, recommended approval of the Stop Sign plus a "Not a Thru Street" sign on Tree Top. Cost for a Stop Sign is listed as $750.00. One Stop sign will be installed and staff is reportedly conducting further study of traffic speed and cut through traffic concerns here to see if the other sign is really needed.

Arterial Highway Parking Regulation Signage - Staff report says - On Sept 16, 2009, the Laguna Hills Traffic Commission recommended establishment of consistent parking regulations. City Staff performed investigations of Parking Control Signage on Arterial Highways throughout the City and noted inconsistencies and conflicting signage such as No Parking Anytime and No Stopping Anytime. Some roads that contained signage did not have a Resolution for the signage because signs were placed under direction of the City Engineer as part of City Council Approved Projects. In other areas there were No Signs and No Resolutions noted where signs needed to be placed, etc. Also, all right turn pockets need to have No Stopping Anytime signs regardless of what controls exist elsewhere on the streets. For traffic safety No Stopping Anytime signs have been posted on streets with no adequate shoulder width to accommodate vehicles. Staff utilizes the verbage "Entire Block" on these signs to save money through reducing the # of signs by 2/3. This study concluded there are currently:
37 No Parking Anytime signs required
30 No Stopping Anytime signs required and
41 No Parking Anytime signs that need to be removed. These can reportedly be installed at other locations where needed. The Cost is estimated to be $10,000.00 and funds are reportedly available in the 2009-2010 Public Works Maintenance Budget.

Congratulations to this Traffic Commission and the city staff for identifying these long term wide spread errors throughout the city and for getting them on a path toward being rectified!

Items Removed from the Consent Calendar - NONE of the items in this Consent Calendar were pulled or discussed individually by the city council members. They were passed as a block without comment.

City Council Public Hearings:

Appropriation of CITIZENS OPTION FOR PUBLIC SAFETY (COPS) FUNDS - Staff report states that the 2008-09 CA. State Budget appropriated money for continued funding of COPS funds first signed into law on July 10,1996. These monies are used exclusively for front line law enforcement. In FY 2009-10 Laguna Hills hopes to again receive $100,000 as in prior years. The city seeks to apply the money this year to partially offset the cost of funding one Lt. position for FY 2009-10. Currently the city has one full time Sheriff's Lt. who acts as Chief of Public Service. This position was reportedly made possible by utilizing funding from the FY 2004-05 COPS program for about 1/2 of the position. No matching funds are required.
Lt. Steve Doan, Chief of Police for Laguna Hills, spoke and stated that he is hoping Laguna Hills will received these funds this year but can't be sure. Procedural requirements
require this Public Hearing be held to approve the use of those funds.
This use of the funds passed 5 - 0

Hopefully the absence of these funds would not strip our city of it's Police Chief, especially after we have already lost 2 deputies as a result of budget cut backs.

Planning Agency Issues and Public Hearings -

Item 5.3 - A request by T-Mobile to install and operate a wireless communication facility disguised as a Eucalyptus tree near the Southeast Corner of Moulton Pkwy. and Alicia Pkwy. This item was continued from last month because the city failed to notify residents living within a 300 foot radius of the subject site. Residents have reportedly now been notified. The tower will be 50 ft tall with 4 panel antennas, 6 equipment cabinets in a concrete masonry unit (CMU), and 1 GPS antenna. T-Mobile proposed painting the structure green, staff requested that the trunk be painted dark brown to blend better with the trees in the area. This camouflage technology is called "Monoeucalyptus". T-Mobile agreed to indemnify and hold the city harmless. Staff says there are no significant adverse impacts to the public health and safety and general welfare, as this equipment does not emit fumes, odors or smoke, and recommends approval of this request.
Vern Jones, Community Development Director, presented this information at the city council meeting.

At the request of City Council Members, Carruth and Bressette additional language was added with the assistance of the City Attorney, regarding mandatory replacement by T-Mobile of any plants or shrubs, etc. damaged as a result of the installation of this facility. This passed 5 - 0

Item 5.4 - Conditional Use Permit request to increase the boarding capacity of an Equitation Facility from 88 to 96 horses and related site improvements in Nellie Gail Ranch
The Staff report says the Nellie Gail Ranch Equestrian Facility will install new 3 rail fencing to create a turn out area, install new 3 rail fencing to create and exercise track around the existing upper arena, relocate the horse trailer storage area and provide additional landscape to screen this area. There will be no changes to the tennis or swim clubs. Site is 23 acres in size, and is designated as Recreation, Park and Private Park. No new structures are required. Reconfiguration of the existing barn/pipe stall structures will be made to accommodate the 8 horse increase. City staff says Nellie Gail Rancfh has been careful in scheduling of their facilities so that no two large attendance activities are scheduled in the same time on any given day. Operating hours are sensitive to the nearby residential neighborhoods and facilities close at 10 PM. This facility has been operating for more than 30 years with few complaints. Existing parking is adequate and there are no signage issues. 57 public hearing notices were mailed to property owners within a 300 foot radius of the site with no comments received. Staff recommends approval of this request.

At the request of City Council Members, Randall Bressette, Melody Carruth and Alan Songstad language was added re. screening of the horse trailer storage area with Podocarpus Trees and a limit for number of horse trailers stored in the trailer storage area.
Per City Attorney Greg Simonian the additional language would probably read - Proposed new condition #17 - all landscape screening for the Maintenance Yard and trailers shall be consistent with the requirements as depicted and set forth in the approved landscape plans. Greg said he was not sure what to do with Proposed new condition #18 limiting the number of parked trailers, because he didn't have enough verbage on that, but added, "We can reference the limit of the number of trailers set forth on the approved plans."
Vern Jones, Community Development Director, stated that the operations plan actually identifies 10 trailers and in that operations plan condition #10 says they will operate consistent with that operations plan, so he thought that condition was already covered.
Public Hearing Comments -

Maggie Merante, General Manager for Nellie Gail Ranch Owner's Association thanked the city staff, said she'd worked closely with staff on this and they were wonderful to work with. She said she had read all of the conditions, agreed to them and was here to answer questions.

Jan Curtis, Laguna Hills Resident said thank you to the city council for taking the time to finally address this issue. She said she was on the Nellie Gail Ranch HOA Board of Directors when they applied for this CUP over 2 years ago. She stated she wanted to register her support for this as a nearby resident of the Equestrian Center, of Nellie Gail and of Laguna Hills. She noted that these changes will not have any great impact on the residents. She stressed that the closing of the OC Fairground facility increases the importance of this facility and many businesses in the area profit from the existence of this facility.

Delores Caringella, Laguna Hills Resident registered her support for the expansion of the Equestrian Facility, stated she lives just above the Equestrian Center and was notified by the city about this public hearing. She said she is absolutely in support of the CUP and affirmed that the Equestrian Center is an asset to the community.
The CUP for the Equestrian Facility passed 5 - 0
Administrative Reports

Assistant City Manager, Don White's, Report - A resolution authorizing the execution and delivery of a Purchase and Sale Agreement with respect to the Sale of the City's Proposition 1A Receivable from the State and authorizing certain other actions.

According to the staff report, As part of 2009-10 State Budget the Legislature and Governor have agreed to suspend the provision of Proposition 1A and borrow 8% of property tax receipts from local agencies. For Laguna Hills the Orange County Controller has furnished a preliminary figure of $800,675. Under the terms of the legislation that enabled the suspension the city has 2 options: 1. - Wait until June 2013 to receive payment with interest from the State or 2. - Sell Proposition 1A Receivable to a 3rd Party - California Communities. If the city sells to CA. Communities the city will reportedly receive $800,675 in 2 installments in January and May of this fiscal year. Selling to CA. Communities effectively transfers risk of repayment to the bond holders. Staff is recommending this. The sale is contingent on the Senate passing and the Governor
signing SB 67 this month.

The information above was taken from the written Staff Report in the Extended Agenda that is only available to the Public in the office of City Hall for a couple of days prior to each city council meeting or by paid subscription. At the City Council Meeting this Purchase and Sale Agreement was not explained or reviewed for the Public. Assistant City Manager Don White said he didn't have anything to add and would take questions. He did remind the city council about the sale being contingent on the Senate and Governor passing and signing SB 67 and answered a few questions from the city council members.
Selling to California Communities passed 5 - 0

Matters Presented by Mayor & City Council Members

City Manager's Report - Bruce Channing stated he heard last week at the South OC Mayor's meeting that, " The San Diego Regional Water Quality Control Board is in the process of circulating a new draft, a permit for the San Diego Watershed Region, that we are in, not surprisingly it is an extremely Draconian permit in it's present form. One that is
viewed by all of the agencies as virtually unattainable, and also beyond what would be considered reasonably best management practices and/or reasonable, practicable or whatever that term is that they use as far as being something we could actually do. I made the remark to the individual that was presenting that based on the way it's being promoted by the water quality district that it would be easiest, perhaps least expensive if we could just figure out how catch the rain before it hits the ground, so it could be returned to another source other than our storm drains because that's what they are hoping we can accomplish with the level of water quality." "The matter will be set for hearing, here fairly soon, requests are being made for elected officials in the region to attend and speak on the issue. It is expected that the County will appeal it after the hearing, because it's not thought that the Regional Board will listen to anything that the players in this region have to say."

Mayor Joel Lautenschleger dedicated this meeting to Natalie Klein, Laguna Hills Resident who recently passed away but was appointed to the Vector Control Board and served there, for this city, for nearly 10 years. The LH Watch Dog was present when she had to give up her appointment due to an apparent change in policy of the Vector Control Board requiring appointment of only City Council Members. We remember she was disappointed, and talked about how much she loved the job and hated to give it up. She was certainly a very dedicated citizen who served the city well.

Closed Session with 3 Litigation issues, 2 existing - one auto against the city of Laguna Hills and one animal complaint against the Orange County Animal Care Services and the City of Laguna Hills and 1 proposed. The proposed litigation is stated to be Pursuant to Subdivision (b) of Govmt. Code Section 54956.9 Government Code 54956.9 basically says that the governing body of a public agency may meet in closed session with legal counsel when there is pending litigation against the agency or there is a "significant exposure to litigation" against the local agency.
(b) (1) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency.

The public report from the closed session was - "Nothing to Report."
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Notes from the Laguna Hills Parks and Recreations Commission Agenda
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On July 31,2009, a resident submitted a letter asking the City Council to make an Ordinance that bans dogs between 12 midnight and 8 AM in City Parks. (Park hours set
by the Laguna Hills City Council on 4/25/06 are currently from Dawn to 10 PM) the resident complains of dogs barking at early hours in Mandeville Park. He said that off leash dogs are allowed to run and bark in the park between the hours of 7:00 and 7:30 AM every morning. He said that after he complained to the city, Beverly at City Hall contacted Orange County Animal Care Services, and a . StLt. Frick sent an officer out once, but the problem continued and since that time his complaints have been ignored and his talk with the dog owner resulted in continuation of the same behaviors. Staff does not recommend a new ordinance because off leash running in the parks is prohibited and there is a barking ordinance - both enforced by Orange County Animal Care Services.

We are again reminded that Laguna Hills has chosen to retain the worst animal care and control services available, 20 miles away in the City of Orange at the 67 year old overcrowded animal shelter. The Laguna Hills City Council refuses to pay for better services through a nearby City Shelter and provides no Dog Park for it's citizens with dogs so citizens with and without dogs all pay the price that the city council refuses to pay for better services.

The Parks and Recreations Commission asked Laguna Hills Community Services Superintendent Dan Meehan how many of the runners in the Memorial Day 1/2 Marathon Event, that lost money for the city, were Laguna Hills Citizens. Superintendent Meehan stated he did not know but would get back to them. He was also asked why Saddleback Hospital pulled out of sponsoring the event and was told that was due to past financial losses.
Good Questions from this Commission. If Laguna Hills is going to continue to support an event that consistently loses money for the city shouldn't the event
at least consist of a majority of Laguna Hills Citizens?

The Commission Members, Larry Bertino, Dan Cooper, Mark Jones, Jack Noeneckx
and Carol Meyers are examining more $ losses for the city related to the classes at
the Community Center. They noted that the city splits the money taken in 70% (for the instructor) and 30% (for the city) with the class instructors that are mostly city staff. The Commission says other cities utilize the same split but Laguna Hills charges 31% less
than the overall average surrounding agencies charge for their recreation activities. The
Parks and Recreation Commission is suggesting full recovery.