Friday, November 27, 2009

LAGUNA HILLS CITY COUNCIL MEETING 11-24-09

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

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

PUBLIC COMMENTS - NONE

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

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

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

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

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

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

City Council Public Hearings

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

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

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

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

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

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

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

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

Administrative Reports

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

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

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

Commercial Food Waste Diversion Program

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

Other Business

Designated Representative to Negotiate Compensation of City Manager.

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

Matters Presented by Mayor & City Council Members

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Did the city of Laguna Hills Unadopt their Marines?

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

Checkpoint nets 14 people in Laguna Hills

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

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

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

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

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

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

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

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


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


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

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

Thursday, November 12, 2009

Laguna Hills City Council Meeting - 11-10-09

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

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

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

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

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


PRESENTATIONS AND PROCLAMATIONS

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

PUBLIC COMMENTS - NONE

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


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

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

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

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

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

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

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

Consent Calendar was passed 5 - 0

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


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

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

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

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

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

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

Administrative Reports

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

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

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

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

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

Matters Presented by Mayor & City Council Members

WEB CASTING the City Council Meetings??

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

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

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

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

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

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


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

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

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

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

New Eagle Scout in Laguna Hills

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

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

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

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

Information, Questions, Concerns and Comments from Watch Dog Readers

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

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


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


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

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

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

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

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

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

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

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

City Manager Bruce Channing answered NO to that question.

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

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

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

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