** Special Announcements - For Laguna Hills City Council Term Limits Petitions Contact Barbara Kogerman at www.kogerman4council.com or Jean Bland at BlandMJ@AOL.com to sign and/or circulate.
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03/23/10 Laguna Hills City Council Meeting
4 City Council Members were present, Craig Scott arived
at 7:20 pm and was present to the end of the meeting.

PRESENTATIONS AND PROCLAMATIONS – Deputy Richard Nelson, from Lake Forest, with Mother's Against Drunk Driving (MADD) presented MADD's 2009 Duece Award to Deputy Scott Watson for his efforts in the ID and Apprehension of impaired drivers in Laguna Hills. Deputy Wilson amassed 76 DUI arrests in 2009. Deputy Nelson added that for a simple case there is an 8 page report following every arrest and that DUI (Driving Under the Influence) is one of the proactive things police can do in law enforcement to stop an accident before it happens and actually make a difference. Deputy Watson has been assigned to Laguna Hills for 3 years and has developed an expertise in identifying and apprehending drunk drivers, consistently leading Laguna Hills Patrol Deputies in DUI Arrests. Every year MADD recognizes police officers for their efforts in reducing or eliminating drunk driving on our roadways and in communities throughout the nation. Through this award they remind everyone that drunk driving is not a victimless crime.

Laguna Hills Police Chief Steve Doan added there are 21 Sheriff's Deputies in Laguna Hills that are equally as competent as Scott is. He said the chances of being a victim of a violent crime in South Orange County are very low, but traffic accidents are the big threat to citizens and made worse by impaired drivers. He added that about 75% of the total arrests made for impaired drivers in Laguna Hills were made by Deputy Watson and that all the deputies concentrate on traffic safety.
PUBLIC COMMENTS - NONE

LHHS STUDENT LIAISON REPORT - by Jason Brower announced the upcoming very rigorous exams for the AP (Advanced Placement) exams and the IB (International Baccalaureate) program exams which have already started. In the IB exams most students have completed their first formal oral presentation consisting of being given a piece of poetry and then asked to comment on it for roughly 15 minutes without prompting. A tape of their comments is then sent somewhere in the world (to Europe this year) to be graded. There is also the NHS (National Honor Society) Blood Drive which is coming up. Many students have signed up for that and there are usually a number of incidents related to wooziness or being unable to complete the day due to blood loss but the blood goes to Saddleback Hospital and each pint of blood collected can save about 3 lives. Most classes are beginning their preparation for the AP exams which consist of 4 or 5 exams.

Jason added that based on the discussion at the last city council meeting, he took a poll of students in the Appaloosa area regarding the traffic signal planned for the Appaloosa /La Paz Intersection and he found that there was an overwhelming feeling that this stop light was not needed. He noted that he was unable to find one person who demonstrated overwhelming support for this stop light.

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

Item 4.2 - The Warrant Register = $905,525.71 - see complete listing of money spent at city web site under Agenda for March 23, 2010 Item 4.2

$610.44 to Business Graphics + $475.00 to Raceplace Magazine + $800.00 to Competitor SC for Event Promotional Services for Memorial Day 1/2 Marathon Event.
$20,925.83 to Faubel Public Affairs for "City Views" Spring Publication.
$31,453.50 to Woodruff, Spradlin & Smart for Professional Fees Legal Services

Item 4.3 - EcoNomics Recycling Services Agreement - Request for total compensation by the city to EcoNomics, Inc. to not exceed $83,850 in the new agreement beginning August 2010. EcoNomics is a consultant to the city re. waste franchise administration, State compliance, and recycling - these funds come from the city's recycling funds.
Staff Recommendation - Approve the Agreement

Item 4.4 - Community Assistance Funding for the Laguna Hills High School Grad Night
$4000 is appropriated in this year's budget for this event - 21st Annual Grad Night Celebration
Staff Recommendation - Authorize the funding

Item 4.5 - 2010 Half Marathon and 5K Event Update - This is scheduled for May 31, 2010. More than 200 participants registered at this time. Still no information given related to how many participants in this event are Laguna Hills Residents. Staff is reportedly collaborating with South County Outreach for the 2010 event to conduct a food drive - no details about this are given.

The event is starting at 7am and some un-named streets will be closed. Total Revenues at this time are reported to be $31,104.50 including a $15,000 donation from Saddleback Hospital and Total Expenditures are reported to be $38,256.24. The City's General Fund impact is expected to be $10,000 with expenses budgeted at $165,000 and revenue at $155,000

ITEMS PULLED from CONSENT CALENDAR - NONE

Vote - the consent calendar was passed 4 - 0 Council MemberCraig Scott was absent from the voting.

CITY COUNCIL PUBLIC HEARINGS -
Item 5.1 - 2009 General Plan Annual Report - It was reported that the State did certify the city's Housing Element (CHE - Certified Housing Element) - see the entire report on the city web site under "Agendas" and "March 23, 2010" and item "5.1".

Mayor Bressette asked Vern Jones, Director of Community Services - to remind us of how important the State Certification of the City's Housing Element is to the city.

Vern Jones, Community Services Director responded this letter is the State's acknowledgement that the City's Housing Element does meet all the requirements of the State's Law. Before, the City was Self Certified. Certification from the State brings with it the assumption of validity for all the projects that go forward in the city.

* Editors Note - From the 12/22/08 City's General Plan Update - Bruce Channing, Laguna Hills City Manager stated there is a legal presumption that a housing element is valid if a city has a CHE from the State and the other choice is Self Certification which is subject to challenge. He said Public Interest Law Firms will often challenge non-conforming cities just to collect fees. This has happened all up and down the State so the city council needs to weigh the risk/benefit here. Council Member Allan Songstad (who was Mayor at this time) asked for further information about the risks of self certification and noted that Self Certification is what this city has been doing for 17 years now.

Vote was 4-0 in favor of sending the 2009 General Plan Annual Report to the State. (Council Member Craig Scott was Absent from the voting)

PLANNING AGENCY PUBLIC HEARINGS - NONE

COMMENTS - NONE

ADMINISTRATIVE REPORTS

Council Member Craig Scott arrived at 7:20 PM % voted on the rest of the Agenda items.

Item 6.2 B - Selection of Consultant Services for widening of La Paz Rd at I-5.
Staff Recommendation - Approve the selection of Athalye Consulting Engineering Services, Inc. for the widening of La Paz Rd at I-5.
Vote - passed 5 - 0

Item 6.2 A - Award of Contract for the Traffic Light Synchronization Project on La Paz Rd. and Traffic Signal Placement at La Paz and Appaloosa Place to Steiny and Company, Inc.
Staff Recommendation - Award contract of the traffic Signal Synch. project and the La Paz at Appaloosa Place Traffic Signal to the low bidder Steiny and Company, Inc. The city report states that the cost of the citizen contested La Paz at Appaloosa traffic signal is $95,934.00 so if this traffic signal is deleted from the bid the total price for the remaining work on the Alicia Pkwy. and la Paz Rd. Traffic Signal Synchronization projects would be reduced to $191,211. The total construction cost of the is project including the construction bid direct equipment purchases and inspection services is estimated to total $610,000.

Discussion:

Council Member Joel Lautenschleger asked if the money given from Lyons Homes ($40,000) can be used elsewhere or for infrastructure in preparation for a traffic light at the Appaloosa and La Paz intersection in the future, if the traffic light is eliminated from this project or will those funds need to be returned and what is the estimate for the increase in traffic in the future for La Paz Rd. ?

Council Member Melody Carruth asked, Can we ask the Lyons Company if they will allow the $40,000 for other traffic measures in the community and can we re-stripe La Paz for a Left Turn Pocket and why were citizens in the area not notified of the traffic light?

Council Member Allan Songstad asked for the City Engineer's comments of yes or no to the traffic signal at the intersection of Appaloosa and La Paz.

Ken Rosenfield, City Engineer stated the estimate is for the traffic on La Paz, as an arterial road between communities, to increase about 2% per year and the traffic on Appaloosa should be stable. 4 locations in the city meet at least one of the warrants from the State for the installation of a Traffic Signal but signals aren't required. 5 or more accidents are needed in a 3 year period to mandate a traffic signal. The Interruption of Continuous Traffic Warrant was the only standard that was met at the La Paz/Appaloosa intersection. The collision history there is favorable. The Appaloosa traffic volume meets 65% of the standard and the La Paz traffic volume meets 100% of the standard. The Synchronization Program of the traffic lights will work during peak traffic hours not all the time on this project. Regarding notification to residents, this category is exempt because no residences front on La Paz Rd. The city can send notices, as a courtesy, for the construction phase of the project.

Greg Simonian, City Attorney said the $40,000 from the Lyons' Company has specific mitigation procedures and controls under State Law. Funds need to be used within 5 years or returned and are limited to use by the original Conditions of Approval, but the Lyons' Company can be asked if they are willing to donate those funds.

Comments: About the Traffic Signal at Appaloosa and La Paz

Barbara Kogerman, City Council Candidate for 2010 stated she appreciated Council Member Carruth's question about notification to residents because this project goes back 17 years to 1993 and she wondered why people didn't know about this. She added that while there is apparently no legal requirement that people be notified in this situation, it would have been a courtesy to notify people in the community who would be affected by this change so they would not feel that they were blind sided.

Rebecca Zomorodian, Laguna Hills Resident stated that a member of the residents in the area spoke to a representative from Lyons Homes and wanted to let the council know that their information from the representative was that the money given to the city by that company was for traffic abatement and flow and he was under the impression that the Condition of Approval for the stop light was a choice of the city council, rather than a specification from Lyons Homes. The intent was not to contribute specifically for a light but for traffic flow, so don't see a huge problem related to Lyons being generous and giving that money, and if the council needs any help there are plenty people willing to help. She added a thank you to Council Member Carruth for suggesting a refuge lane on La Paz. She added that increasing the pocket for the left turn from La Paz onto Appaloosa may be a good idea as well. She noted that there are a variety of locations in the city that really need a stop light much more than the community at Appaloosa does and she understood that they may not be included in this project but on Moulton and Gordon families are dying for a stop light. She advised the council that if they look at the report they were given they would see that the Gordon & Moulton intersection rates higher than Appaloosa & La Paz in many ways. She added that this is second hand information but some of the residents of the Gordon & Moulton area said they had been to the city council and asked for a traffic light but were turned down. There was also traffic fatality at that intersection. Rebecca said she would rather see a traffic light at a site like that where it was really needed. In response to the council's question about impatient drivers she noted that there could be impatient drivers not just on La Paz but those backed up on Appaloosa who have said they will not wait there but go up Gallup and down and around and come out that way. She offered that she and others were willing to be a part of the solution rather than just requesting this change.

Council Member Craig Scott added that he favors removing the Appaloosa traffic signal from the project because he studied the issue further and from his own personal experience every day he uses Gallup to exit onto La Paz and at any time of day it doesn't take more than 20 - 30 seconds to wait for his opportunity to get out onto La Paz. He added he thinks it would be unfortunate to breakup the free flow of traffic on La Paz with more signals.

Council Member Melody Carruth moved to delete the traffic signal on Appaloosa from the rest of the project.

Mayor Randal Bressette added that there are very substantial fiscal savings to remove a signal that is at best questionably needed.

Council Member Joel Lautenschleger said he would like to see the city lay the infrastructure in that area now for a traffic light so it would be there just in case a light may be needed at some point in the future.

Council Member Melody Carruth objected to laying the infrastructure for a traffic light at the Appaloosa and La Paz intersection now saying that would fly in the face of all they have accomplished here tonight in this democratic process.

Council Member Allan Songstad said he has been on the council for awhile and does not remember anyone coming forward with a request for a signal at Gordon. * see editor's note below

Mayor Randal Bressette stated, for the record, the council spent a great deal of time on Moulton and Gordon with the community, with all of the parking issues, with the ingress and egress, and came up with what we believed was a satisfactory condition for the residents. There is an open door policy with that Homeowner's Association which includes the possibility of a signal as well as all the parking on the street.

** Editor's Note - the Laguna Hills Watch Dog, contacted several residents of the Moulton and Gordon Community and were told that they did ask the Laguna Hills City Council for a traffic light at the intersection of Moulton Pkwy. and Gordon, did experience a fatal collision at that intersection and were denied a traffic light at the time they asked. To go South on Moulton those residents make a left turn from Gordon onto the very heavily traveled Moulton Pkwy. without a signal.

Vote - Passed 5 - 0 to Synchronize the traffic lights without installation of a traffic Signal at Appaloosa and La Paz.

MATTERS PRESENTED by MAYOR & CITY COUNCIL MEMBERS

Council Member Melody Carruth said for those who wish to learn more about the World War 2 history of the 3/5 Marine Division adopted by the city watch the HBO 10 part series entitled "The Pacific" on Sunday Nights. There are specific examples of what the 3/5 did to hold on to Guadalcanal and the I-5 freeway exit going South - Basilone Rd. is named after John Basilone, the Marine hero who won the Congressional Medal of Honor.

Mayor Randal Bressette reported on serving as the Principal of the Day at Valencia Elem. School. He said he learned that "Build a Fort" is the most popular activity among 3rd, 4th and 5th graders. He noted that the city had voted to change a bus stop zone to a drop off zone at the school but had not repainted the curb the correct color, so he called the City Engineer from the school and the curb was re-painted that day. He also wanted people to know that the city can't move in and give money to help the school district in these times, will do what they can. He said the city has a strong partnership with our schools especially in the recreation program.

CLOSED SESSION - NONE

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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.

Information, Questions, Concerns and Comments from Watch Dog Readers -

Question - Regarding the traffic signal light controversy about the La Paz Road project that includes the addition of a new traffic signal at the intersection of Appaloosa and La Paz. Why was this planned before the neighbors were notified? Don't citizens have a right to be notified of planned projects like this that directly affect their neighborhoods? Valerie Bromberg

Answer - Editor's Note - At the 3/23/10 Laguna Hills City Council meeting, in response to a question by Council Member Melody Carruth, we were all informed by City Engineer Ken Rosenfield that traffic signals are a separate category related to informing residents. Because none of the residences fronted on La Paz Rd. the residents were exempt from notification of the traffic signal. Apparently the city can choose to notify residents but is not required, in this instance, to do so.

Question - In "City Views" Newsletter - Under The Foundations of Our Success - A Reasonable and Sustainable Compensation Program- "To that end, the Council has long supported paying salaries that are slightly better than the County average and providing comparable benefits." (Slightly better is not defined?) Valerie Bromberg

Answer - Editor's Note - From the City Council Policy #105 Financial Policies Biennial Budget FY 2009/10 - 2010/11, 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. Also Resolution # 2009-06-23-2 adopted on 6/23/09 states: "The City Manager, at his discretion, may grant up to a 5% salary adjustment for meritorious performance to any employee who had reached the top pay range in his or her position. The City Manager, at his discretion, may grant up to a 5% increase in salary and cost of living adjustments effective 2010." There is NO clause in the Resolution stating raises given by the city manager require city council approval. Craig Scott, Joel Lautenschleger and Allan Songstad voted for this to be left to the sole discretion of city manager. Melody Carruth and Randal Bressette voted against it because they wanted council approval for any and all raises for staff. ** If citizens look at the city web site's online Minutes for this 6-23-09 city council meeting they will NOT be able to determine what happened with this issue because the Minutes do not make clear what the vote was for the simply refer to one resolution being rescinded and another resolution being adopted. This is a prime example of lack of transparency.

Editor's Note re. the March 16 Dedication of the new PUBLIC (?) ART MURALS -
An event was held on Tuesday, March 16 at 6 pm at the Laguna Hills Civic Center for the Dedication of the 3 large Public Art Historical Murals on the walls of the city council chambers. About 80 people attended, including local artists, city council members, city staff, people from the two citizens committees and most of the people associated with the project including the Muralist, Robert Evans, who traveled from Boston. Two large flys in the city's paint bucket for these murals were:
1. Most Laguna Hills citizens were not aware of the date of this event. We saw no advertising of the date for this event in City Views or in the news, so unless citizens noticed it listed in one line on the face of the city web site they would not know about it.
2. The City Council apparently failed to grasp the "Public" part of the concept of "Public Art". These 3 huge and very beautiful Public Art Murals cover 3 walls inside the council chambers. However, the Council Chambers are locked and not accessible to the public most of the time. We asked for a date that this art would be open to the Public and were told they are still working on that related to logistical problems with equipment, but citizens can ask for an escort with a key to view the murals. At the 2-9-10 City Council Meeting, Council Member Songstad expressed concern about the security of the paintings if exposed to the public.

At the 3/23/10 city council meeting there was a sign on the council chamber doors stating - Public Access Monday - Friday 8 am to 5 pm, check with city's receptionist for access to murals. This is a litte progress, but come on, the Muralist told us that these works took 2 1/2 years to complete so if making this art "Public" was important to the city council shouldn't some of that time been spent considering how and where to place these murals to ensure that they would be "Public" Art? Even when citizens attend a city council meeting they are seated with their backs to the murals, only the council members get to look directly at the Public Art. There is a barrier in the council chambers that pulls down from the ceiling to separate the dais from the rest of the chambers, where the art is located, but a significant amount of furniture has to be moved to let that barrier down and then replaced for city council meetings and other functions, so it would appear that minimal forethought was given to the "Public" piece of this equation. If not exposed to the public, Public Art becomes Private Art. There is a Public Art Fund that reportedly contains money from developers at times when they do business in Laguna Hills, however at the 2-9-10 council meeting we were told - "As of June 30,2009 the Public Art Fund owed the General Fund $162, 813.00." But, no matter how it is paid for it is labeled by the city as "Public Art" so shouldn't it actually be public?

Enzie Shahmiri, Renowned Portrait Artist and Laguna Hills Resident spoke at the Presentation of the Public Art Murals on Tues 10-16 and said that Historic Murals invite people to step up closer and become involved with what the world was like at the time. She addressed the subject of "Why Pay for Public Art' with a very moving personal story of living in West Berlin in the time of the Berlin Wall and experiencing a dark world of empty parks and unadorned spaces and buildings while visiting East Berlin. After the fall of the Berlin Wall, as art emerged in buildings and parks and the city of East Berlin came back to life so did the sense of pride in the people. She said people absorb the message of art unconsciously.

Harry Reese, Professor and Associate Dean College of Creative Studies, UCSB stressed that an essential feature of Public Art is "Accessibility to All" and that historic art asks the viewers, who they are, how they came here and what they will do in the future. Robert Evans, the Muralist, spoke but stressed that he hoped his murals would speak for themselves. We hope the murals will get the opportunity to speak to the "Public"!

How to Support the 3rd Battalion, 5th Marine Division Adopted by
the City of Laguna Hills - We get this question a lot but don't have an answer??
Editor's Note- On Aug. 25, 2009 in a LHCC Meeting - 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 went on to say he did not favor her (referring to Council Member Melody Carruth) 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. That Committee is now reportedly gone. Doesn't the city that adopted a Marine Division have a duty to support them in some way or why did the City of Laguna Hills adopt them? Many other cities have done a great job of this why not this one?

OC Register News Stories and blogs

Laguna Hills term limits proposal kicks off
http://www.ocregister.com/news/city-232184-council-hills.html

City manager who got car now gets performance bonus
http://www.ocregister.com/news/city-223526-bonus-manager.html

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

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

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/

It's the Health Insurance, Stupid
http://taxdollars.freedomblogging.com/2009/11/05/its-the-health-insurance-stupid/42089/

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

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

Laguna Hills City Council Members Say the Darndest Things in Public

Feb. 1, 2010 - Laguna Hills Mayor Pro-Tem. Craig Scott commented on KOCE TV that Term Limits are undemocratic and shift power to Career Bureaucrats, campaign consultants and those who have other than our best interests at heart.

Mr. Scott seems confused about this considering that a career is a field for or pursuit of consecutive progressive achievement especially in public, professional, or business life and a Bureaucrat is a term that usually connotes someone within an institution of a government. Craig Scott has been a Laguna Hills City Council Member without a break for 19 years so far and is expected to run again in 2010. So, by definition he is already a Career Bureaucrat and he achieved that without Term Limits!

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, 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)

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.

Reminders & Letters to the Editor

To write letters to the editor of the Orange county register newspaper: letters@ocregister.com Please provide your name and telephone number (telephone numbers will not be published). Letters of about 200 words will be given preference. Letters will be edited for length, grammar and clarity.

You can contact all of the Laguna Hills City Council Members at:
ccouncil@ci.laguna-hills.ca.us phone: 949-707-2610 fax: 949-707-2614