Thursday, April 29, 2010

Special Announcements - To sign or circulate Laguna Hills City Council Term Limits Petitions contact Barbara Kogerman at www.kogerman4council.com or Jean Bland at BlandMJ@AOL.com.

04/27/10 Laguna Hills City Council Meeting
All City Council Members were present


PRESENTATIONS AND PROCLAMATIONS – Presentation of plaque and pin to City Clerk Peggy Johns who recently received the Master Municipal Clerk designation which is the highest recognition given by the international Institute of Municipal Clerks. Congratulations to Peggy who said all her work in accomplishing this was just the beginning of a life long goal of continuous learning and self improvement!!

Orange County Awareness Campaign - Steve Lemier, with the OC Dept. of Education, is presenting the 2-1-1 OC Awareness Campaign to City Leaders in OC. The city web site information states 2-1-1 is a nonprofit 501 (c)(3) organization that provides comprehensive Health and Social Service information to OC residents and is a single point of referral to over 1,500 agencies and 4,000 programs in OC. Dialing 2-1-1 for Health and Social Services is comparable to dialing 9-1-1 for Emergency Services. Steve said that 2-1-1 has been around for about 20 years and callers seeking assistance dial the toll free number 2-1-1 and are connected with information and referral specialists who provide information on services such as food, shelter/housing, resources, prenatal care, workforce development, government assistance programs, substance abuse assessment and treatment programs, child development assessment services, etc. This is for convenience of callers, to save the cost of printing directories and costs of previously misdirected calls, is available 24/7 and there is no cost to callers. The funding sources are The County of Orange, the United Way, and other Grants. There is a web site but it is impossible to keep it up to date related to the large number of resources that are being continuously updated so to best access the system people need to use the 2-1-1 phone number. 2-1-1 also translates in 150 languages.

PUBLIC COMMENTS - NONE

LHHS STUDENT LIAISON REPORT - by Jason Brower stated the bad news is that thefts are on the rise at LHHS affecting both staff and students and so serious now that police are involved. The school is now on alert for burglary and thefts. He said thefts are rather uncharacteristic for LHHS so come as a shock to most of the student body. AP (Advanced Placement) exams and the IB (International Baccalaureate) testing is immanent so stress levels are high for those involved in this testing and "Senioritis" is on the rise related to lack of attendance which is an increasing problem for some students.

MINUTES - Recommendation that the City Council Approve the Minutes of the April 13, 2010 City Council meeting for publication on the city web site. The Minutes from tonight's meeting will not be approved for publication on the city web site until the next City Council Meeting.
Vote - Minutes approved 5 - 0

*Editor's Note - Citizens can find more current information as well as historical information from Laguna Hills City Council Meetings on the Laguna Hills Watch Dog site at:
http://lhwatchdog.blogspot.com

CONSENT CALENDAR *(The Consent Calendar consists of multiple items, including the Warrant Register, on which the city council votes as a whole, with no public discussion, unless an item is pulled for individual consideration)

Warrant Register = $946,836.60
$5,102.50 to Oros Consulting Services, LLC for Computer Consulting Services-March 10.
$4,716.58 to Faubel Public Affairs - Professional Fees for City Views Magazine sent to all Laguna Hills residents, Summer 2010 edition
$500 to Time mgmt. Program Supplies for 1/2 Marathon & 5K event.

Item 4.3 - Weed Abatement Program - A Resolution declaring weeds and rubbish on specified Private Property to be a Public Nuisance and setting a public hearing for May 25, 2010. Staff report states weeds and rubbish, among other things, when dry become a fire hazard. Property owners will be advised they have 30 days to comply with cleaning their property and may state their objections before the city council at a public hearing on May 25, 2010. Notices will be sent to approximately 540 properties (you can look on the city web site now to see if you are on the City's list for weed abatement). $55,000 is budgeted for 2010-11 and some of these costs will be recovered as an assessment on private parcels. City owned properties will be cleared as well.
Staff Recommendation - Approve

Item 4.5 - 1020 July 4th Celebration - Staff requests authorization for the City Manager to execute the Agreement with Pyro Spectaculars, Inc. This years event will be from 4 pm to 9:30 pm at the Community Center. Same high flying fireworks show as last year. Fireworks begin at 9:10 pm. Entertainment will include music from the 50s, 60s and 70s, games of soccer kick, double hoop shot, and football toss, carnival rides the Zumar and the Sizzler , activities 40 foot obstacle course and spacewalk-airwalk. Children's activities will be face painting and crafts. There will be a city information booth, Vendor booths for food will consist of snow cones, cookies and brownies, churros, candy, pretzels and nachos, roasted corn and pizza, cotton candy, hamburgers, chips, backed beans, iced coffee, hot dogs and polish dogs. Approx. 9,500 people attended this event last year. The city provides entertainment and activities without charge. Fiscal Impact to the City is $52,324 including the cost of the fireworks which is $23,500. Staff Recommendation - Approve

Item 4.6 - Cooperative Agreement to fund Total Maximum Daily Load Studies in the San Juan Creek Watershed - The city staff report states this is for the monitoring of bacteria in the San Juan Creek Watershed for which Laguna Hills share is 1.40%. The San Juan Creek Watershed is located in South OC and a minor area of the City of Laguna Hills contributes to this watershed. (No exact location is noted). High bacteria concentrations in San Juan Creek and Doheny State Beach have been a frequent and long-standing problem. The County, San Juan Creek Watershed Cities and the South OC Wastewater Authority have monitored indicator bacteria concentrations at these locations for many years and helped fund studies investigating possible sources and health risks for swimmers. There are new regulations that must detail how water quality objectives will be met and they provide a cost sharing mechanism for the County and the other agencies involved. This agreement is for a year and will renew annually. Laguna Hill's share of the cost is $2,786.68 for FY 2010-11.
Staff Recommendation - Approve *Editor's Note - You can find some information about the San Juan Creek at: http://en.wikipedia.org/wiki/California_State_Route_79

Item 4.7 - Volunteer Connection Day and Arbor Day Report - The city staff states 99 people (an increase from 97 in 2009 and 95 in 2008) volunteered on April 17, 2010 to clean trials, plant trees, and paint a wall in North Laguna Hills. Approximately 1,500 lbs of trash and recyclables were collected, including shopping carts and mattresses.

Vote - Item 4.7 was pulled. The rest of the consent calendar was passed 5 - 0 without comment.

** See more detail for most of the Items noted above on the city web site at
www.ci.laguna-hills.ca.us under City Council Agendas, the Date of the City Council Meeting and the Item # on the agenda.

ITEMS PULLED from CONSENT CALENDAR - Item 4.7 - Volunteer Connection Day was pulled by Mayor Randal Bressette who thanked the staff for the excellent job they did on this project. Vote - Item 4.7 was passed 5 - 0

PLANNING AGENCY PUBLIC HEARINGS - Item 5.2 - A request from Sprint/ Nextel to add 3 additional antennas an existing wireless communication facility on the Moulton-Niguel Water District Tanks located at the NE corner of Gallup Circle and Nellie Gail Rd.

Vern Jones, Community Development Director spoke and staff information states there is currently the wireless communication facility consists of 9 panel antennas from several carriers. One equipment cabinet and a GPS antenna will be placed within the existing enclosure. The purpose is to provide high speed wireless Internet service to the surrounding community. A study of Health and Safety provided by the applicant concluded there is compliance with the FCC guidelines and the Radio Frequency exposure level is much less that the prevailing standard allowed for exposures of unlimited duration. The city states it mailed 35 public hearing notices to property owners within a 300 ft. radius of the subject site and one nearby resident has complained regarding health and safety issues related to electromagnetic fields. Staff Recommendation - Approve

COMMENTS

Barbara Kogerman, Laguna Hills Candidate for City Council asked why there was no discussion of Fiscal Impact to the City in this staff report, and we learned that because this installation is on Moulton Niguel Water District property the income from the antennas goes to them not to the city.

Michael Goddin, Laguna Hills Citizen who lives close to this installation stated he objects to this and requested a denial of the application until more information regarding issues of public safety are obtained. He said this report contains no empirical data and is based on assumption and calculations only. The Moulton Niguel Water District has agreed to do testing that would be completed by mid May of this year so he is asking the city to slow down on this and wait for additional information. He also noted that this area has become an antenna alley with 30 to 50 antennas that continue to proliferate and vegetation planted to camouflage these 3 water tanks and the antennas does not do the job.

Glen Fujigawa from Sprint/Nextel responded that they can't test what has not yet been built so everything is theoretical, but they can test after it has been built. He said the emissions will be well below the FCC Guidelines and in the 5% range of the guidelines. He explained that a beam from an antenna cannot be obstructed by anyone's house or anything else because the system would then not operate properly. He said this project will probably not start until close to the end of the year.

A Radio Wave Engineer from Sprint/Nextel was called upon to comment and he explained that the need is for microwave dish installation to emit radio waves with no obstruction and is point to point specific. The emission has to be point to point and unobstructed. He added that other networks cannot access the Sprint/Nextel equipment and he could not give exact information related to the location of the distant point that the beam from this equipment was accessing because this is proprietary information. He also explained that this installation was for the purpose of faster data communication on computers not cell phone use.

Council Member Melody Carruth asked many questions related to the safety of the equipment including, if there could be another report received from an engineering firm not connected with the applicant company and why there are posted warning signs around the existing equipment? The RF Engineer from Sprint Nextel responded that the warning signs are posted because there are FCC guidelines that limit the time period during which a person can stand in an area closest to the source of the emissions from the antennas. He later stated the signals are strongest closest to the source and get weaker as one moves away. Council Member Carruth said she would like to see a map including point to point locations of the beams that are emitted and would like to wait for additional information from the Moulton Niguel Water District Study. She said maybe we should have studied this more in the past, this is not an emergency and made a Motion to Continue this item until more information was received. Council Member Craig Scott asked questions and agreed with Council Member Carruth's Motion to Continue. Mayor Randal Bressette noted it was a function of condition 22, to which the applicant has agreed, to get a report after the installation to show us what the final outcome of the emissions are and if we are not satisfied that the installation meets FCC guidelines, which is all we can do, we would have an opportunity to revisit this with Sprint/Nextel. Council Member Joel Lautenschleger stated he was Not in favor of Continuing, this was the best site for the equipment and he stated "We have never done this before, continued an item theres micro waves, antennas and towers in areas around the city that are much closer or as close as these are". Council Member Allan Songstad agreed with Lautenschleger and gave a comparison of this being like a microwave oven that we all have in our houses that are higher wattage.

*Editor's note We don't know what kind of microwave oven Council Member Songstad has, but we hope the microwave oven in our house is not broadcasting beams to distant points?

Vote to Continue this item was defeated 2 - 3 (noes were Mayor Bressette & Council Members Lautenschleger and Songstad)
Vote to Pass this item was successful 3 - 2 (noes were Melody Carruth & Craig Scott )

Editor's Note - A primary duty of City Government is to protect the safety of citizens and this is a project that will not begin until close to the end of this year. So, does the fact that this kind of request has never been continued before, per Council Member Lautenschleger, justify the lack collection of additional information regarding citizen safety now? Whatever happened to "When in Doubt, Find Out"! Perhaps, as Council Member Carruth suggested, this type of issue should have been more thoroughly addressed in all previous cases. Most of the city council members indicated they did not completely understand the technology or the implications of this including the cumulative effect of so many antennas on one site (and neither do we), so why not lean and explain to the citizens? As Council Member Carruth said, there is no emergency need for faster computer service, so is delaying this matter for a month and having to consider it again with new information a prudent thing to do or an inconvenience for some city council members?

ADMINISTRATIVE REPORTS

Item 6.2 A - 2009-2010 Financial Update and Budget Outlook

Assistant City Manager Don White reported and City Staff reports state in response to the severe recession in 2009, the City Council approved cuts of about $2 million for each year of the 2009-2011 biennial budget cycle.
*Editor's Note - but they did not approve any cut related to the City Manager's $23,000 bonus and $60,000 car in 2009 or the fact that they pay the City Manager about $400,000 annually in salary and benefits to manage a full time staff of 27 including himself and his Assistant and Deputy City Managers?
Staff was also directed to prepare a comprehensive budget review in April of 2010. This 2010 report finds that in the short term, the City is poised to complete this fiscal year and the 2009-11 biennial budget cycle with a projected operating surplus of $809,474 and a total Fund Balance of $12,721,846. The city's financial position is expected to improve in the mid to long term so no changes to the 2009-11 budget are recommended.
Vote - This Report was accepted and filed with a vote of 5-0 *Editor's Note - see more detail on the city web site.

COMMENTS - Barbara Kogerman, City Council Candidate for 2010 questioned and cautioned the city about the City's Revenue Allocation Plan seeming a bit rosy related to a predicted increased CALPERS impact in FY 2014-15, and an expected decrease in home and commercial property assessed valuations related to a possible new lower tax base. She added it does appear that the sales tax revenue is coming back but cautioned about the difficult business environment in Laguna Hills.

Item 6.2 B - Social Networking - Management Analyst Melissa Au-Yeung noted that because of the rise of social networking sites, City Staff would like to set up a Twitter Account for the city to provide quick notification blasts of important information to highly interested individuals as a new and inexpensive avenue to communicate with large numbers of people at once. The staff report noted there are currently 24 cities in OC that participate in some form of Social Networking. The city report states that approximately 0.5% to 1% of the general population, including city employees, vendors and other parties having a personal interest, is interested enough to participate and follow the city's networking activities. City Staff says it could use this to send out blasts of information concerning road closures, notifications of the city web site being down, etc. The city sees this as a better opportunity than Facebook due to the time required to keep Facebook updated and possible legal issues related to the real-time nature of the Facebook sites.
In response to a question from Council Member Melody Carruth we were told that this will be ONE WAY COMMUNICATION. Citizens will not be able reply/respond to the City Tweets.

Council Member Joel Lautenschleger stated he did not see why anybody would Not support this motion, and he added this is instant notification to whoever wants it and is extremely valuable. Council Member Craig Scott said this takes only seconds of staff time and is a way to improve communication with our people. Council Member Melody Carruth said this is a duplication of effort because the same information also needs to be listed on the city web site. Mayor Randal Bressette asked if this is only going to service up to 300 people what is the point, has there been a request for this? No answer for this question. Vote - This Passed 3 - 2 (noes were Mayor Bressette and Council Member Carruth)
*Editor's Note - We don't think this is what most of the many citizens who have complained over the years about improving communication from the city meant, but, hey, why not? This is California and none of the e-mail, land line and cell phone accounts the city has now come with Twitter Fans. Our City is clearly Social Network deprived and the staff did everything right here. They were very transparent, with no attempt to cover up the overwhelming lack of citizen interest in "City Twitter"! According to city stats, the City may have a shot at collecting 170 or maybe even as many as 340 Twitter Fans, and it's free! So, shouldn't citizens be okay with LETTING OUR CITY TWEET?
*See below Mr. James Vaughn (a professional Government Computers Systems Analyst & Consultant and Laguna Hills Resident's) comment under Information, Questions, Concerns and Comments from Watch Dog Readers

MATTERS PRESENTED by MAYOR & CITY COUNCIL MEMBERS

Mayor Randal Bressette said he and Council Member Carruth attended the Hawks Wrestling Awards Banquet experienced a great program and great food. Council Member Carruth added that the Coach Jarmie is scheduled to be inducted into a National Wrestling Hall of Fame.

CLOSED SESSION - None
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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.

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

I read the agenda for the 4/27/10 Laguna Hills City Council meeting and, the difference between Twitter and Facebook, when it comes to being used as communications tools, is that Twitter is all about the city determining what is important and when to connect with citizens, versus Facebook which allows citizens to look up the information and to also offer their views on city issues and things that need attention. It is the difference between control and transparency. James Vaughn

How could the city claim, at the 2/13/10 city council meeting, it has a budget that is "transparent" when no one, including city staff, could find any budget item for the $60,000 car we gave to the City Manager in 2009? After our group requested records for that item we were advised there was no item for the car in the budget. The budget staff may have done a great job on their end and deserved their award, but they can't do more than they are allowed to do by the City and this is NOT transparency! How many other things don't we know about because they are not mentioned in the budget? Kathryn

I tried to track an item in the city budget that was a Landscape Improvement Project and because it was spread over 2 years I could never find the total amount paid for that project. The budget is made for the city staff not for the citizens. Carolyn

How to Support the 3rd Battalion, 5th Marine Division Adopted by the City of Laguna Hills We get this question a lot but we never get an answer from the City Council? 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. Craig Scott went on to say the council has taken a very clear position that there will be no official city support by this council for the 3/5 Committee. Doesn't the city that adopted a Marine Division have 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.

Council Member Craig 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 has achieved Career Bureaucrat status and he did it without Term Limits. Congratulations Council Member Scott!

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) Born in Kansas in 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 a summer trip to visit her family in Southern California she met Lewis Moulton whom she married in 1908. They 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 in the lobby 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 " the residents with the same bad vendor - The Orange County Animal Shelter for the past 19 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 19 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.

August 19, 1994 - LHCC Member Allan Songstad - From the Los Angeles Times Newspaper Article Collections - Orange County Focus August 19, 1994LYNN FRANEY - Laguna Hills Councilman Declines to Run for Reelection With Councilman L. Allan Songstad Jr. declining to run for reelection, at least one newcomer will gain a seat on the City Council this fall. Songstad said he never intended to run for a second council term and that he is not a "career politician." That leaves space for at least one of the challengers, Cindy Greengold, Saeid Hariri, Grant R. Marcus or Charmane Riggs.

In 2010 after 18 years on the Laguna Hills City Council we are guessing Council Member Songstad changed his mind about being a "career politician" .

Reminders & Letters to the Editor
To write letters to the editor of the Orange county register newspaper:
letters@ocregister.com 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

1 comment:

Anonymous said...

Couldn't Lautenschleger and Songstad have at least faked some minimal concern for Public Safety on the microwave dish issue until the study from Moulton Niguel was completed? I think we'd all like more information on this issue because it's obvious that this city council has no clue and as the council so freely admitted these antennas are all over the city now and they didn't bother with thorough studies before? How sloppy ridiculous do politicians have to get before people start paying attention. Jim D.