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