November 9 & 10, 2010 - Laguna Hills City Council Meeting
All Council Members were present
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Presentations and Proclamations - Again tonight, Mayor Bressette dedicated a moment of silent contemplation to honor another 4 of the Laguna Hills adopted 3/5 Marines killed in action in Afghanistan and to remember that Thursday is Veterans Day. He acknowledged our gratitude for the courage and sacrifice of America's Veterans. The number of the 3/5 killed in action in Afghanistan is now 14 just since Oct. 18 of this year and we were told by Council Member Carruth that there are a great many wounded as well. The good news is that there will finally be support from this City again for its Adopted 3/5 Marines - more about that below under Administrative Reports, Item 6.3A below.

Item 1.1 - Orange County Human Relations Council Annual Report - Mr. Ken Inouye, Commissioner, reported on the data collected by the Council specific to activities including hate crimes and incidents, in the City of Laguna Hills and mediations and various programs. He was glad to report that even in this tumultuous year there were no documented hate crimes in Laguna Hills in 2009. The Human Relations Council mediated 26 cases. A resident of Laguna Hills was a participant in one of those cases. 6 youths from Laguna Hills participated in programs from the OC Human Relations Council.

Public Comments - Mr. Jay Agatooni (sp?), Laguna Hills Citizen spoke here previously on 8-25-09 about to a chain link fence he installed around his property related to danger to his dogs from coyotes. He reminded the council that he'd had a $2000 property survey done prior to this installation, so was confident that the fence was installed on his property, however, the City notified him that the fence was on city property and chain link was not allowed, so the fence would have to be removed. He said he spent a great deal of money planting 120 shrubs that grew up and screened the fence from view but has now received notice from the city that he must remove the fence by Friday or face criminal prosecution. His argument was that although the city has told him the fence is not on his property the city has failed to tell him where the city believes his property line is, so his question is - how is he able to relocate the fence without this information? Mr. Agatooni was thanked for his comments but received no response from the city.

City Council Member Elect, Barbara Kogerman, commented on the Dog License Update that appears under the Consent Calendar. She questioned the cost effectiveness of canvassing and the Big Brother perception it engenders vs. the reasons why citizens are reluctant to participate in licensing, have to try to take their strays to neighboring shelters and want to stay entirely out of the OC Animal Shelter System. She said this report refers to the city's already low shelter and euthanasia numbers but the facts from the OC Shelter stats from 7/1/09 - 6/30/2010 are: 65 live cats were impounded from Laguna Hills and 47 (72%) of them were killed, 12 (18%) were adopted. 4 (6%) were returned to their owners and 2 (3%) were fostered. 124 live dogs were impounded from Laguna Hills and 54 (43.5%) of them were killed. 32 dogs (25.8%) were adopted. 37 dogs (29.8%) were returned to owners and none were fostered, so the overall kill rate was 57.75% vs. 10% or less for the humane shelters that surround us. The report also says the only way to increase the license penetration is to implement a license canvassing program. This report is very confusing to the reader regarding when the canvassing program started or will start. At the 8-25-09 city council meeting and also in the Spring City Views it was reported that canvassing would start in January of 2010. A separate report said canvassing will start on May 17. This report on page 3 states that the Canvassing program is slated to start Nov 15, 2010. So it's hard to know what dates are valid? The 8-25-09 report says the city will pay $40,000 for one full time canvasser and expected $53,000 additional revenue initially and $36,000 additional revenue annually, but the actual increase appears to be just under $6,300. The goal was 60% licensing and in that time frame the increase in licensing was only 3%, it went from 41.5% to 44.5%. Bottom line is the canvassing has a big brother perception and education would be much more effective. There are solid reasons why our citizens are reluctant to participate in animal situation as it now exists in the City of Laguna Hills. Hopefully we can work together on a better solution.

LHHS Student Liaison Report by Mike Spain said the football team is still undefeated, there is a huge game against El Toro on Thursday which will decide who will be champions in our league. Girl's golf is doing very will this year, Maggie Smith and Danielle Cunningham are players to watch out for. The Hawk Challenge Golf Ball drop from a helicopter was a big success. LHHS Sophomores can now participate in buying parking passes if they keep their grades up. Dec. 2 and 3 will be the Drama Murder Mystery. People can buy tickets for this through the drama dept., and will be served dinner in the theater and get to watch the mystery unfold. Dec. 10 is the Music Holiday Concert.

Minutes - Recommendation that the City Council Approve the Minutes of the previous City Council Meeting for publication on the city web site. The minutes from tonight's meeting will not be edited and approved for publication until the next city council meeting so there is a long delay for the public related to timely information from the city.

Consent Calendar - Warrant Register = $214,421.93
Warrant Register Items of Interest that probably should require some additional explanation - none

Items of Interest from the Consent Calendar -
Item 4.3 - Dog License Campaign Update - Editor's Summary of the Report from City Staff The conflicting information in this staff report made it impossible to tell if the Dog License Canvassing Campaign had started or not or if it had started how long it had been in effect. Also the poorly conceived planning of this campaign made it impossible to detect what, if anything, the city did or attempted to do that resulted in increased licensing for dogs. Below is a synopsis of the report and the results of the City's licensing campaign to date

Goal #1 - (A) Increase the number of licensed dogs - This report states a total of 218 new dog licenses were issued from Aug. 2009 to Aug. 2010 - Goal Met by 218 licenses. Technically the number of licensed dogs increased by 218 but we don't know how many, if any, of these dogs had been residing in Laguna Hills previously as unlicensed dogs because the city failed to screen applicants for purposes of tracking those numbers.
Goal #1- (B) Overall goal of the license canvassing campaign is to increase the percentage of licensed dogs to 60% - Goal Not Met Yet - The percent of increase was 3% The increase was from 41.5% to 44.5% NOT to 60%.
Goal #2 Increase the number of altered dogs Goal Met or Not Met - Unknown? - The number of licenses for unaltered dogs increased by 15 and the number of licenses for altered dogs increased by 204, but there is no way to know if this licensing program increased the number of altered dogs in the city because, again, the city failed to track for that by screening owners for that information.
Goal #3 Increase license fees and revenue - Goal Met by $6,296 - 14 unaltered dogs were licensed @ $100 and 204 dogs were licensed @ $24 = $6,296
Goal #4 Ensure more up to date information on rabies vaccinations - This Goal is Met every time any dog is licensed and any time a license is renewed.
Goal #5 Develop and implement a plan Goal Met or Not Met - Unknown?? - The Plan, going forward, appears to be one full time licensed canvasser at a cost of $40,000 about whom the city has continuously given citizens conflicting information. This Report - page 3 states the Canvassing program is slated to start Nov 15, 2010. The Laguna Hills Watch Dog received complaints in June of 2010 about the canvasser knocking on doors and looking in yards in Laguna Village. At the 8-25-09 city council meeting Don White said the city will start canvassing in January of 2010. On page 3 of exhibit C this report states, On May 17 the City will be starting a one-year dog license canvassing campaign where fees and fines will resume for not having a licensed dog. At this city council meeting we were told the one year of Canvassing for dog licenses has not yet started.

FISCAL IMPACT to the City - In keeping with non-transparency, the written report from the Assistant City Manager does not disclose any costs, but we know from the 8-25-09 Laguna Hills City Council Meeting that Assistant City Manager Don White reported the cost of the 1 full time canvasser to be $40,000 and has verified that at this city council meeting. Don White also said the canvasser should provide the city with $53,000 in additional revenue initially and going forward should produce an additional $36,000 annually. So far all we know is that the City has collected $6,296 more in dog license fees than it collected in the previous year. Beyond all this the question of quality of Services to Laguna Hills Residents from the 69 year old County Shelter in Orange is left Unaddressed? According to the statistics from the County Shelter for 7/1/09 - 6/30/010: 65 live cats and 124 live dogs from Laguna Hills were impounded at the County Shelter. Of the live cats and dogs impounded:

Killed - 47 cats (72%) and 54 dogs (43.5%)
Adopted - 12 cats (18%) and 32 dogs (25.8%)
Returned to Owners - 4 cats (6%) and 37 dogs (29.8%)
Fostered - only 2 cats (3%) and No dogs
Home Exp - ONLY 1 dog was returned directly home after being picked up.
Overall Kill Rate at the County Shelter was 57.75% for Laguna Hills as compared with about 10% or less for humane city shelters all around us.

This report gave no consideration to the problems for pet owners in Laguna Hills and for all Laguna Hills citizens who find stray pets related to the distance to the County Shelter, the poor services and no concerned person wanting to turn a pet over to a shelter where they know it has less than a 50% chance of surviving? This forces many Laguna Hills citizens to serve as their own animal shelter, which can be dangerous and negatively impacts the neighboring city shelters as Laguna Hills citizens and citizens from the 3 other cities in So. OC who still have the 69 year old County shelter services, try to get pets they find placed in nearby humane shelters with low kill rates. Many Laguna Hills' Citizens have told us they refuse to license their pets in Laguna Hills as a protest against the terrible services they receive from the County Shelter. That is understandable but can further endanger their pets if their pets do not have adequate identification and can result in very high fines if their pets ever do wind up at the County Shelter. Humane city shelters gain compliance from citizens through providing a safe shelter and good services. The Mission Viejo Animal Shelter does not have to rely on canvassing and charges less than the County for licensing related to better compliance rates from their citizens.

4.4 - Claim Against the City on Oct, 12, 2010 for $127,923.55 related to an accident that occurred at the intersection of Moulton Pkwy. and Via Lomas on May 8, 2010. City reportedly received notification from its Claim's Administrator to reject the claim and the City Council must vote to reject Claims over $50,000.

4.9 - The City Council Rejected all 8 bids received on Oct. 19, 2010 for the La Paz Rd. widening at I-5 and authorized re-advertisement of the bids for this project because staff made an error in the original bid documents that could not be corrected after the award of contract, Fiscal Impact to the City was reported to be about $800.00 to issue the revised bids.

4.10 - Authorization for BIDS for Costeau Park Playground Renovation and Community Center and Sports Complex Playground Renovation and Light Refurbishing. This includes replacement of all playground equipment and surfacing at Costeau Park plus the addition of multiple play features. The improvements at the Community Center include resurfacing of the rubberized surfaces, modification of the sand features and improvements to the turtle water feature, plus 38 walkway light poles throughout the Community Center/Sports Complex area. Landscape Architect's cost estimate for playground construction at Costeau Park is $185,000 including $65,110.19 for playground equipment from Coast Recreation, Inc. The costs for the resurfacing and the light poles at the Community Center/Sports Complex are expected to be a combined total of about $200,000. These funds have been allotted in the City's Capital Improvement Budget.
Vote these items passed 5 - 0

Items Removed from the Consent Calendar

Item 4.3 - Dog License Campaign Update was pulled from the Consent Calendar by Mayor Bressette who questioned 1st, the cost of canvassing that was reported as $40,000 and was supposed to be exceeded by revenues from the process and 2nd is 60% licensed dogs our ultimate goal and what benefit do we get from increasing the number of licensed dogs in the city?

Assistant City Manager Don White reported that the dog license canvassing program has not yet started and is slated to begin on November 15 of 2010. There has been some canvassing because there are about 200 hours a year through the City's contract with the County Shelter. He said staff believes the most effective way to reduce euthanasia is to increase the number of altered dogs and the best way to do that is to let the license differential work at $100 annually for unaltered dogs and $24 annually for altered dogs. He said they believe that of unlicensed dogs, about 25% are unaltered whereas in the licensed population that figure drops to 10%. The 2nd goal is to increase the rate of in field returns to owners of dogs with licenses and/or microchip IDs. (According to the 7/1/09 - 6/30/010 OC Shelter Statistics only 1 dog was found and returned directly to its owner in Laguna Hills, instead of being taken to the County Shelter in the City of Orange) The 3rd goal is to decrease shelter intake numbers with fewer unwanted dogs. The 4th goal is to increase the number of dogs that are up to date on rabies vaccinations. The 5th is to increase license revenues for the City. The full time dog license canvasser cost to the City is $40,000 per year and during that time the expectation is for the canvasser to write 1,152 licenses amounting to about $36,000 not including fees or penalties, assuming 90% altered and 10% unaltered dogs. The addition of late fees and penalties is expected to bring the total collected up from $36,000 to the predicted $53,000. Going forward license collections revenue for the city would be up every year and the data would be up to date as well. White reported the Amnesty Period and Public Education efforts increased the number of dog licenses by 7%. Vote - this item from Consent Calendar was passed 5 - 0

City Council Public Hearings - 5.1 - 2010 Editions of the CA. Building Standards Codes to be adopted by the city - consisting of Mechanical, Electrical, Plumbing, Residential and Green Building Standards. Staff Recommendation is Conduct a Public Hearing and Introduce New Ordinance. Community Development Director Vern Jones reported the new codes will become effective on January 1, 2011. The most significant change is the new Fire Code requiring all new residences regardless of size to have residential fire sprinklers. For existing homes this requirement for installing an in home sprinkler system for the entire home would be triggered by room additions of 1000 sq. feet or more. The cost estimate given for home retrofit for sprinklers was as low as $1.56 to about $2.00 a square foot. The average cost for a new home was quoted to be as low as 90 cents a square foot. There was a very good educational video presentation from Assist. Fire Marshal Dennis Grubb, of the OC Fire Authority, on in home sprinkler systems and how well they work. We were told these systems are very low maintenance, and very efficient serving as a 24/7 fire dept. in every home. Vote - passed 5-0

Public Hearing Closed - Back to the City Council

Planning Agency Public Hearings - None

Administrative Reports -
6.1 - City Manager - Nothing to report
6.2 - Assistant City Manager Don White - Civic Center Public Art Program Status Report - The City's previously authorized Civic Center Public Art Program Archive can now be found on the City's home page under Featured Links. Also a previously approved local School's Curriculum Guide on the Civic Center's Art can now be downloaded at not charge from the City's web site. The target audience for school program is grades 3 - 5 plus history teachers. Future Public Art includes pieces for the Plaza and Rotunda area of the Civic Center. Council Member Melody Carruth requested pulling the Native America Display from this motion, due to its current location, to look for a better place to locate this display.
Staff Recommendation - City Council direct staff to prepare a report regarding the potential sale of Mural Reproductions and proceed with a Native American Display at a cost not to exceed $1,500. This is an effort to raise funds for public art and to enhance enjoyment of the Civic Center murals. Editor's Note - Many citizens have not seen the Civic Center's beautiful murals because they can only be seen by attending city council meetings and turning around to look at the back of the room, or at other times by obtaining permission and a key from reception. Perhaps, in their study, the City Council should consider a plan to make this Public Art, actually public. Item to Direct Staff to prepare a report regarding the potential sale of Mural Reproductions - Vote - Passed 5 - 0

6.3 City Clerk, Peggy Johns- Laguna Hills 3/5 Military Support Committee - This report from City Staff basically suggests 2 options - A Non Brown Act Committee or a Brown Act Committee. Staff recommends the city council choose one to proceed and states that citizens Richard Nagle and Karen Robbins have expressed an interest in serving on the Committee. The staff further states that our City Attorney has contacted attorney Bruce Leonard Beal, through the City of Dana Point, who handled the California Non-profit 501 (c)(3) incorporation for Dana Point and is willing to do the same for Laguna Hills for a fixed fee of $200-$2,500. He states this is a relatively quick and simple process. The report states that a Federal filing is more expensive and lengthy - about $850 filing fee and can take up to 6 months. Staff recommends that the City Council allocate $10,000 in the form of a Community Funding Assistance Resolution at a future City Council Meeting to provide start-up costs for establishing the Laguna Hills 3/5 Military Support Committee and eventual non-profit incorporation. According to this staff report Option A (Non-Brown Act Committee) would result in costs to establish the committee and little ongoing cost if staff time demands decrease but Option B (Brown Act Committee) could result in incremental staffing costs ranging from $20,000 to $30,000 annually. Editor's Note - We waited 8 weeks for this report which should have been completed in 2007. Staff did not provide any online documentation for their predicted costs of Option B and did not provide any of the information they stated they have collected from the cities of Dana Point, Irvine, Laguna Niguel, Mission Viejo or Rancho Santa Margarita, but they say this information is available in the City Clerk's Dept. Staff recommended a staff liaison to the community volunteers serving on the adoption committee to facilitate "certain events" to the extent that those events are a direct reflection on the City, and the report blamed "a lack of dedicated community volunteers" for the failure of the 2007 Adoption of the 3/5 Marines by the City.

Public Comments -
Mike Bland, Laguna Hills Citizen stated the Non Brown Act Option makes sense to him and he would personally like to volunteer his time to support the committee and to get the 501 (C) (3). He said he never served in the military but his wife's Dad was a Lt. Col. in the Marine Corps who served in the Pacific in WWII and the Korean War and got 2 purple hearts and a bronze star so his family feels close to the 3/5.

Major Dawn Deshefy, Laguna Hills Citizen and Air Force Officer stated she was thrilled to hear about the Non Brown Act Option and was angry and embarrassed by the city's lack of support of the 3/5 Marines. She stated she was missing her son's Boy Scout orientation meeting tonight to be here because this is so important to her. She reminded the council that since Oct. 18 of this year 14 members of the 3/5 have lost their lives in Afghanistan and added she is angry because since the formal public adoption ceremony of the 3/5 in 2008 she has not seen anything done. We're showing no support to those 14 families. At the very least we could be sending letters of condolence to the families and to the commander. She said she was at the Public Adoption Ceremony in Sept. of 2008 and was disheartened to see few people there, and the fact that the ceremony was just prior to the 2008 elections was not lost on the citizens of Laguna Hills. She said adoption is an obligation and a commitment and does not mean walking away when times are challenging or when you cannot agree on legalities of how to support the 3/5. Not enough has been done by the city to live up to the commitment made at the adoption ceremony. You have the opportunity tonight to decide on how to proceed with support or to let them go to be properly cared for by another city. Make the right decision tonight and don't put other groups through this, such as the Eagle Scouts who are making a presentation later tonight. Treat them with respect. As a person in the Air Force it means a lot to have the support of the community. She said her husband received wonderful support upon returning from Desert Storm and she wants the 3/5 to feel that support as well. She concluded by saying in some cases it eases the burden for soldiers to know that the community is taking care of their families and the 3/5 have given the ultimate, their blood, for us. The least we can give them is a red carpet filled with kindness, appreciation and commitment.

Council Member Lautenschleger said he hoped you heard that the success or failure of the committee is based on members of the community. Most cities do not have a Brown Act but it all depends on the people in the community. We can offer to programs, seed money etc., but if it doesn't come from the citizens themselves it will fail, and that's what happened the last time. I hope your neighbors continue to be involved and join the committee and that's what will make it a success.
** Editor's Note - To clarify and hopefully end the continued abuse of the community by this council majority, we at the Laguna Hills Watch Dog have learned, through months of extensive city records research and information from all council members, that there was No Action taken by the council majority of Scott, Lautenschleger and Songstad since 2007 to restore support for the Adopted Marines, and at the November 24, 2009 City Council Meeting Council Member Craig Scott clearly reminded us that "the council has taken a very clear position that there will be no official city support by this council for the 3/5 Committee and the city should not be about reconstituting." We have also learned that the problem in 2007 re. the Brown Act, that was just solved tonight by choosing the Non Brown Act option, could also have been easily solved by the same choice in 2007, so a lack of dedication from the community was very clearly NOT The Cause Of The Adoption Failure. Anyone can research this by requesting, from the City, a copy of the transcript of the "October 23, 2007 Council Minutes re:3/5 Adoption Steering Committee" and tracking the activity and comments of the city council members on this issue since that time, as we have done.

Council Member Melody Carruth - stated she has talked about Kim Reese the liaison/Family readiness officer for the 3/5 who reported the 14 deaths and many wounded in hospitals all over the country. Kim has given assurances of her full participation to help us understand what the needs of the 3/5 are and coordinate. Council Member Carruth recalled that it was difficult to get the word out last year to collect donations for the 3/5 because there was not access to City Views and it was tough to get articles in the paper and to set up collection points without having the city as a full participant. There was also some awkwardness with some council members not being sure if elected officials should be engaged in the holiday toy drives. She asked for the Non Brown Option "A" to be approved and added it will be much easier to fund raise when the non-profit status is in place. She made a motion that the council select Option "A", that the City Manager assign the City Clerk to be the staff person to the 3/5 committee and that the City Manager provide staff assistance including locating a place for meetings; that the Council authorize a budget amendment for allocating $10,000 to the committee and make a regular practice of sending letters of condolence from the Mayor to the families of those whose lives were lost in service.

Mayor Bressette said it was important to move forward with tangible support from a very giving community to our Adopted Marine Family. He said we need to establish a line of communication between the city, the citizens committee and the 3/5. He pledged his service to the committee and said he was certain that in the near future the committee would be able to stand on its own.

Mr. Richard Nagle, Laguna Hills Citizen and current active support committee member stated 175 boxes filled with personal items, food and some Christmas items, have been shipped to the 3/5 Battalion in Afghanistan through the enthusiasm and generosity of the local schools - Lomarena and San Joaquin elementary schools, the Half Way School and Laguna Hills High School. He thanked Meghan Alvera (sp?)the activities director at LHHS for spearheading this effort and added that the high school paid more than $2000 to ship all the boxes to the 3/5. He said that although he is a functioning member, he is not the chair of this support committee and the committee does need a chairperson.
Vote - Item to Restore Support for the 3/5 Adopted Marines passed 5 - 0.

*** To feel really great about something you are doing and to help support this 3/5 Marine Battalion that is now in Afghanistan and really needs support Please Contact Mr. Richard Nagle at rnagle74@cox.net to join the support committee and or help out in any way that you can.

6.4 - Public Services Director, Ken Rosenfield -
A - Proposed Installation of a bronze plaque on a granite boulder within Mandeville Park to honor all Veterans of the US Armed Forces. The Parks and Recreation Commission reviewed this proposal by James Purington, an Eagle Scout Candidate on Oct. 6, 2010 and recommended approval of the planned monument. This would be a volunteer project and there should be minimal expense to the City of perhaps $100 for irrigation modifications in the Park. Staff Recommendation - Accept this Donation. The plaque on a large granite boulder will read - "This memorial is dedicated to the men and women who served and fought for our freedom, as you admire the beautiful diverse terrain of Southern CA. never forget what makes this country strong and the men and women who made this possible. God Bless America" There are also 5 insignias of the armed forces on the plaque followed by a quote from Abraham Lincoln that states, "Honor to the soldier and sailor everywhere whose bravery bears his countries cause."

James Purington, Laguna Hills resident stated the boulder will be donated or purchased by him and placed in front of the park bench overlooking Aliso Viejo. He said he chose this site because it's a great site for people to sit and relax and think of what our freedom is about. He added most kids his age really don't realize about their freedom and what the people fought for, so he just really wanted to honor those people and show them respect. He also assured the council that this would not "cost them a cent" and said his Dad works for the Irvine Water District and there's a couple of boulders there that might be of use. Everyone laughed. Mayor Bressette humorously ventured a guess about the need for 30 to 40 scouts to move the boulder into place.

Chuck Fold, Scout Master said he is also a retired US Marine. He said Eagle Scout Candidates often have 1 to 3 adult mentors who have knowledge of what the scout's chosen project involves so most scout projects are well done because there is knowledge and experience plus passion and these projects are the legacy of scouts to their communities.
Vote was 5-0 in favor of the donation of this monument.

B - Amended Ordinance to effectively prohibit all types of non-storm water discharges into the National Pollution Discharge Elimination System's Municipal Separate Storm Sewer System. Staff will be sending educational notices to commercial business and homeowner associations to educate them about the new regulations. For the residential community staff will send "as needed" notices to those identified as having irrigation runoff into the system. Repetitions of violations can lead to fines. The Director of Public Services Ken Rosenfield stated the most significant change in this permit is that although runoff water from washing ones own car in a driveway is allowed with a self turn off hose, sprinkler water runoff water from residential and commercial, including city, properties will no longer be allowed to run into the city's gutters and storm drain system. There is another problem for pool owners in that people will no longer be able to discharge chlorinated water. Essentially there is no choice other than compliance or fines against the city or up to $10,000 per day, so compliance is necessary. Citizens will be advised by letter from the city when they are not in compliance with this and that could be followed by fines. Vote - passed 5 - 0

C - Intent to Vacate and Abandon Public Service Easement for Open Space Purposes at the Northeast Corner of Moulton and La Paz Opportunity area of the Laguna Hills General Plan - 3.365 acres due to it serving no beneficial purpose and the fact that it has become an eyesore to allow it to be used as a potential future extension of the existing adjacent retail commercial center or as a separate commercial site. This process will require notices the community and a Public Hearing. Fiscal Impact to the city from this action is noted in this report to be None. Public Hearing for this item will be on Dec. 14, 2010. City is asked to adopt a Resolution of Notice of Intent to Vacate at this time. Vote - Passed 4-0 Council Member Lautenschleger could not participate because this area is close to his home.

6.5 A - Deputy City Manager, David Reynolds - Comparison of Non-Resident vs Resident Fees for Contract Instructor Recreation Classes - In July of 2010 staff was directed to report on what other cities are charging for a non-resident fee in response to a contract instructor's comments of the non-resident fee of $10 for contract instructor classes not being reasonable. The City had approved increasing the non-resident rate for city staff led classes to $5 and the non-resident rate for contract instructor classes to $10. City reports now that the new rates went into effect during the Spring of 2010 and staff has not observed a significant decrease in enrollment for contract instructor classes. Staff's Recommendation is to continue with the new fees and report again after Spring 2011.

Vivian Stapleton, Laguna Hills Resident stated she has spoken before regarding her concern for the non-resident fees for contract instructors being raised from $2 to $10. Her suggestion to the council previously was to base the fee on the cost of the class, as some other cities do with decreased fees for the less expensive classes. She stated her classes range between $48 to $53 so tacking on an additional $10 negatively affects her enrollment. She added that a portion of the additional revenue lost to her is also lost to the city and in this case would have been over $600, since this increase took place. She noted that Irvine has a split fee of $5 for classes under $75 and $10 for over $75. Dana Point, Laguna Beach, Laguna Niguel, Mission Viejo, RSM, San Juan Capistrano and Saddleback Recreation charge no fee. Lake Forest just started a $5 non-resident fee. Newport Beach is the only other city currently charging a $10 fee. She suggested that this is not the kind of trend our city should set and perhaps there could be a small administrative fee to cover costs rather than the $10 fee. She requested that the fee right now remain at the same rate as the Staff led class fee which is $5. In response to questions from Mayor Bressette, Ms. Stapleton said she teaches 2 classes a day that normally have 15 students in each class but right now one of her classes has 13 and the other has only 6. She said she has many more non-residents than residents related to her classes being for little kids and Laguna Hills being a built out community. She noted that a lot of people with little kids need discounts these days to be able to participate. She said she would be comfortable with the $5 fee.

Deputy City Manager/Community Services Director David Reynolds acknowledged to Mayor Bressette that the next opportunity to reduce fees in Laguna Hills would be in the Spring, unless the city makes the fee change on their online system only. Mayor Bressette made a motion that staff come back to the council prior to setting rates for the Summer classes with another report so the council could see what the trends are. Vote - Mayor Bressette's motion passed 5 -0

Other Business - 7.1 - Appointment of Labor Negotiator - Appoint a designated Representative for the purpose of facilitating the annual performance evaluation of the City Manager. This report states, "The City Council must place the appointment of a labor negotiator on the open and public session of the agenda and select a labor negotiator prior to conduct the annual performance evaluation."
Editor's Note - The Labor Negotiator in Laguna Hills has historically been Council Member Craig Scott. It is very interesting to note here that when we at the Laguna Hills Watch Dog requested city records for the name of the negotiator of the City Manager's Salary for the past 5 years we were informed that there were no records for this. We knew who this was because we had attended the council sessions for years but thought it very strange, at the time, that there we would be told there were no records. Now we see that since this labor negotiator has to be chosen in open session there must be records.

Public Comments: Council Member Elect, Barbara Kogerman stated she recommends that the council listen to their citizens who gave a clear mandate in the last election to reform the Senior Management Compensation Process end results. She asked for the council to table Performance Evaluation Process for the City Manager's raise and bonus until the 1st meeting in January after the new council is seated. She pointed out that the city could save time and money on any actions taken now which might be overturned in the near future. There is nothing in the city code to prevent a new member from participating in a prior year's evaluation. She added if the council refuses to table the Compensation process until the new council is seated she called on Mr. Channing to exercise the diplomacy and good grace to decline increased pay and benefits.

City Council Members Joel Lautenschleger and Melody Carruth stated they chose John Goss, to be the facilitator and labor negotiator. City Attorney, Greg Simonian stated, the appointment of the labor negotiator is a role that has been traditionally filled by one member of the city council. With respect to this professional cycle the council is chosing to rely on the professional services of a facilitator to fill the designated labor negotiator role.

Matters Presented by Mayor & City Council Members
Council Members discussed the following: The current vacuum of regional leadership in the CA. League of Cities, OCTA seat vacated by losing Lake Forest Council Member Richard Dixon, and that Simon Properties, owners of the Laguna Hills Mall, won the Calvary Cycle Waste Reduction Award Program - Congratulations to them!

Closed Session - City Manager Annual Performance Evaluation continued from the last session on Oct. 26

** The City Council met again on Wednesday 11-10-2010 at 5:30 pm to discuss the City Manager's 2010 bonus and 2011 raise. All council Member were present, with Council Member Songstad arriving late. City Manager, Bruce Channing, was also present. Prior to the Council's Closed Session there were Public Comments. About 25 citizens attended this meeting at City Hall and 7 spoke in Public Comments, prior to the closed session. Claire Webb, Reporter from the OC Register Newspaper attended and the speakers clearly and strongly told the council they wanted No More Raises and Bonuses for the City Manager.

PUBLIC COMMENTS:
Carolyn Honigman stated that when we elected our city officials we did so believing we could place our trust in them to do the right thing. According to the State of CA., our City Manager receives $380,000 annually not including the cost of his new Toyota Sequoia or his incentive pay which puts his total easily over $400,000. If our City Manager made the same salary as the Attorney General of CA, $150,000 there would be a savings of $230,000 to put toward citizen needs such as the Sheriff's Deputy positions that were dropped. She stated she and her husband walk at night and rarely see police cars on the street but do see a lot of drag racing on Valencia and Oso. She questioned whether the young man killed while drag racing on Valencia might be alive with more deputies on the streets and asked the council to consider that overcompensation can translate directly to life and death for citizens. She asked the council to adjust the City Manager's income to be more aligned with what's expected of Public Employment for earned income and retirement compensation.

Donna Sievers said she is a retired School District Administrator and it is her understanding that school employees as well as CA. State Employees are all taking what amounts to a 2 to 3% salary cut this year due to furlough days. She noted it had been 4 to 5 years since she received more than a 1 or 2% COLA and felt she was lucky to have not lost her job as did many of her colleagues due to the financial problems in this State where additional layoffs and salary cuts are now being explored for next year. She expressed that all the employees she worked with exceeded standards and expectations in their jobs and worked hard for long hours but received no bonuses or additional compensation for a job well done. She said they all understood that their work and commitment were essential to a Democratic Society. She added that the citizens of Laguna Hills would expect the same commitment from their city employees. She expressed that the expectation of bonuses is now a relic from a different economic era and urged the council to vote against any bonus or raise for the City Manager.

Bob Dickson, CPA stated in the past City and Government workers were underpaid by about 30% relative to private sector employees. One way that was made up to Government Employees was through a good pension system. Mr. Channing is probably exceeding the private sector by about 100 to 150% with his multiple pension plans. Mr. Dickson asked for no bonus and a cut in compensation for Mr. Channing. He also asked for more honest reporting related to the City Manager's contributions to his Medicare, Pensions, Life Insurance and Disability by including that as public information.

Lynn Stone said she had no objection to the quality of the job Bruce Channing has done but considering the size of this city, the number of employees and the level of responsibility she thought his compensation was way out of line. She asked for no bonus this time.

Jonathan Bromberg stated he didn't understand why, after 20 years of our city council negotiating the mess that they created, they are now abdicating that responsibility by passing it to a third party. He added that to make it worse that third party had been the President of the City Manager's Department of the CA. League of Cities of which Mr. Channing is Vice President right now. He said there is a disconnect in the city council abdicating their responsibility and this doesn't look right or pass the smell test and is not the way to go. He concluded by telling them, "You made the mess and should clean it up yourselves".

Laura Dickson said this chamber is full of citizens from Laguana Hills who have come together to send a message to the city council about Bruce Channing's compensation. Mr. Channing is a highly paid city employee who also receives generous compensations. Many citizens feel it is inappropriate to grant additional compensation benefits at this time. The city council should represent the citizens who pay his salary with their taxes. She stated if we could vote on this issue she believed the message would be very clear and asked the council to consider the citizen's opinions.

Bill Honigman applauded the council for having this discussion and stated he regretted that Mr. Songstad was not here when hi wife Carolyn Honigman spoke about the compensation and the differential that might be applied to other critical city services that may result in life and death situations related to public safety. He said the Public Employee issue being discussed here has the appearance of being seriously out of line and inappropriate which suggests impropriety. He added that kind of suggestion is not something that would give us a sense of civic pride and includes a suggestion of contempt for the public and taxpayers. He concluded that he hoped the council perceived this election to be a statement of the will of the voters that this issue is of paramount importance and deserves the consideration of the new council that will convene at the end of the term of this council.

Council Member Melody Carruth pointed out that this meeting was called at an earlier time of day on an earlier date in November to encourage public participation and increased awareness of this process. She stressed that the council members benefit from listening to the public. She asked the City Attorney to assist the public by giving a brief explanation of the process.

City Attorney, Greg Simonian stated this performance evaluation is required by the contract with the City Manager to occur in the months of Oct. and Nov. and be concluded in November. The council in the process of completing their approved schedule for this which tonight is the 2nd phase of the process, a closed session performance evaluation of the city manager that will be facilitated by the city council's designated labor representative, which is authorized by the Brown Act. The city council may discuss compensation through the use of the designated labor representative but cannot take final action related to changes of compensation for the city manager in closed session. Final changes are required to be done through a vote of the council in open session.

Council Member Allan Songstad apologized for being late to the meeting.

Results of the Closed Session Meeting - Council returned to the chamber at 10:00 pm and announced No bonus, No increase in salary, No increase in compensation for the City Manager.
Quote from City Manager Channing from: OCREGISTER: No compensation increase, bonus for city manager http://www.ocregister.com/news/city-275655-channing-council.html
In a public statement Channing concluded it would be "unwise and imprudent to expect" a bonus and a raise. Though he noted council members have said he has met or exceeded their expectations on "85% or more of the goals. To that point, I believe that I have clearly 'earned' a bonus," he said. "Nevertheless, I am certainly cognizant of the reality that two members of this present City Council and Council Member-elect Mrs. (Barbara) Kogerman are steadfastly opposed to the City Council conferring upon me a reward for the high achievement of my employment related goals."

Council Member Elect Barbara Kogerman has reported, The City Manager's comments are consistent with my recommendation made Tuesday evening, that he not accept a bonus or salary increase. Mr. Channing obviously took that message to heart. This signals to me a more positive environment for the future, and I'm hopeful the new council will be able to work through these thorny issues successfully. Thanks to all of you for so clearly communicating to the council and staff that a new day has come to Laguna Hills. Your effectiveness is reflected in the outcome, as evidenced by the statement released by the city manager today, which mirrors his public statement last night.

Council Member Melody Carruth has reported Mr. Channing made a public statement in the Chamber that due to lack of support for a bonus from Bressette and Carruth, he was not requesting the bonus or salary increase. He would not ask for any increase in compensation. I have in the past urged the council to amend the city manager's contract. I will continue to advocate eliminating certain provisions. The City Manager has responded to me that he will only consider renegotiating his contract if the outcome is a financial benefit to him. The city manager contract is up for renewal in June 2011. To make changes to an existing contract without the cooperation of the city manager could likely result in further complications. This important component of overall administrative costs may take time to remedy. John Goss, the facilitator, was selected by Joel Lautenschleger and by me because he was highly recommended. He is retired, in his 70's, has not been a city manager for many years and, as far as I know, has never met Mr. Channning. I had been involved recently in a search for a new manager for the Vector Control District and was impressed with the Ralph Andersen and Associates firm who did the executive search. Their representatives spoke favorably of John Goss as did elected officials I conferred with from other California cities." The City Council needed to designate a representative to find a third party facilitator. Joel was representing the council majority point of view and I was representing the council minority.

* Elections Information - As of November 12, 2010 Mayor Randal Bressette with 3,875 votes remains in the lead with 75 more votes that Craig Scott who has 3,800 votes. Barbara Kogerman was the big winner with an unprecedented number of votes to date in a 3 seat City Council election in Laguna Hills, she was closely followed by Melody Carruth and the HUGE winner was TERM LIMITS. Congratulations to so many Laguna Hills Citizens who took a very keen interest in their city government and chose to participate by voting in this election - you are the real winners!!!

* INFORMATION, COMMENTS QUESTIONS and CONCERNS from Watch Dog Readers:

A Thank You to Professor Smoller of Brandman University for taking all the unjust heat for the Transparency in Compensation Reporting.

Laguna Hills has been called the baby Bell. And now the citizens are countering that label. Barbara Kogerman was behind the report on total compensation for city managers and is now the city’s new city council member. The report on city manager compensation was shocking and there were a lot of attempts to squelch the results. Dr. Fred Smoller of Brandman/Chapman University was told “how dare you” publish this. There is a click of power leaders that are connected by organizations such as the League of Cities who do not want transparency. Some members threatened the interns who did the research on the report with such intimidations as “you’ll never work in any of our cities.” Well, these cities do not belong to the grossly paid city managers, they belong to the citizens. We pay for the League of Cities Organization with our tax dollars, so how dare you use that organization to attempt to hide the truth from us. Thank you Barbara Kogerman and Dr. Smoller and the interns for being so brave. When the two interns finish their masters, any city that wants above reproach leaders on their staff would be wise to hire them.Valerie Bromberg

About the Dog License Campaign Update Posted on the City Web Site

Looking briefly at the charts included in the report the largest percentage of unlicensed dogs in LH are unaltered (10% licensed/unaltered vs. 90% licensed/altered). Further, using the HSUS statistics for LH as a basis; 83% of unaltered dogs are unlicensed vs. 46% of altered dogs being unlicensed. Although the report states that pet overpopulation is not a problem in LH it is obvious that the unaltered dog population, and presumably the additional fees to license unaltered dogs are a major factor in the licensing equation. Several cities in the county have sought to alleviate this problem by working with local veterinarians to reduce the cost of spaying and neutering and working with the County to grant some form of amnesty for licensing penalties. The canvassing program, scheduled to begin this month, is focused on enforcement of licensing laws, it appears to be intrusive to our citizens and will have dubious returns in cost vs. revenue produced. A far more productive and humane approach would be to grant some form of assistance and/or forgiveness while supporting the state-wide and national emphasis on spay and neuter programs. Tom Epperson

Looks like the voting results in general were very favorable and we should see a shake up on the LH council - not before time. It will be interesting to follow updates. Thanks for keeping us informed. LH Resident

Thank heaven Randy is still in the lead but do you know when they say the results will be final? We don't know the answer to that question but we hear they are now down to the last Provisional Ballots.

Sure hope Randy makes it. We'll be celebrating!! C.

Way to go Laguna Hills - change comes slowly, but at least you finally got there! Pulling for you from Mission Viejo

* How to support the 3rd Battalion, 5th Marine Division Adopted by the City of Laguna Hills If you want to serve on a New Support Committee for the Adopted Marine Division and/or make a contribution contact Richard Nagle at rnagle74@cox.net

OCREGISTER: City funds re-establishment of Marines support committee http://www.ocregister.com/news/committee-275318-city-support.html
OCREGISTER: City to look at renewing support for Marine battalion
http://www.ocregister.com/news/support-266469-city-battalion.html
OCREGISTER: Laguna Hills' adopted battalion loses 10 Marines
Laguna Hills' adopted battalion loses 10 Marines killed, oct, cpl - News - The Orange County Register

** Since the last City Council Meeting we have received more bad news from the 3/5 Marines - another 5 Marines from the 3/5 have been killed in action in Afghanistan which brings the total to 15 just since Oct. 18 of 2010. We are so very sorry to lose these brave young men. Council Member Melody Carruth said that although it is so painful to hear about these losses, "We need to talk about it, we need to know about it and we need to provide whatever comfort or relief we can to those within our reach." The good news is that we now have some caring and enthusiastic citizens who have volunteered to join the support committee to help support the 3/5 Marines again. We still need more volunteers for this committee, and a chair person to lead the committee, so if you would like to step up to be on the support committee or to chair it for the 3/5 Marines please contact Mr. Richard Nagle at rnagle74@cox.net

* News Stories and Blogs about Laguna Hills:

Election 2010:Updated Orange County city results:
http://www.ocregister.com/articles/results-273313-county-election.html?data

Imperfect, one-stop shopping for city salary data
http://taxdollars.ocregister.com/2010/10/25/imperfect-one-stop-shopping-for-city-salary-data/66812/

State Controller John Chaing's Office http://www.sco.ca.gov/noncompliant_reports.html#cities2

Transparency honor goes to Brandman students, law passes
http://taxdollars.ocregister.com/2010/09/01/transparency-honor-goes-to-brandman-students/63589/

OC has two of state’s best-paid city managers
http://taxdollars.ocregister.com/2010/09/17/oc-has-two-of-states-best-paid-city-managers/64492/

OC Register Editorial: City pay data belongs in daylight
http://www.ocregister.com/opinion/city-261556-compensation-cities.html

Proposed California law would sanction cities that pay excessive salaries
http://www.latimes.com/news/la-me-bell-legislation-20100812,0,4204782,email.story

Mad scramble to yank veil off city salaries begins
http://taxdollars.ocregister.com/2010/08/05/mad-scramble-to-yank-veil-off-city-salaries-begins/62215/

Editorial - Orange County Register on Friday, May 21, 2010 -
Managing some big pay packages begins with "If you require a fresh source of indignation over public employees' perks, look no further than Laguna Hills,"
http://www.ocregister.com/opinion/compensation-249743-city-public.html

Top city manager compensation: $460,809, report says
http://taxdollars.freedomblogging.com/2010/05/17/top-city-manager-compensation-460809-report-says/57287/

Controversial city manager compensation report now online http://taxdollars.freedomblogging.com/2010/05/17/controversial-city-comp-report-now-online/57357/

Frustration, lack of transparency mar quest for city pay data http://taxdollars.freedomblogging.com/2010/05/26/frustration-lack-of-transparency-mar-quest-for-city-pay-data/57991/

Prof defends students, study, in wake of city manager attacks
http://taxdollars.freedomblogging.com/2010/06/01/prof-defends-students-study-in-wake-of-city-manager-attacks/58291/

Laguna Hills defends city manager pay increases
http://www.ocregister.com/news/city-251558-manager-channing.html

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

* City Council Members Say the Darndest Things in Public? Memorable and surprising Public Quotes from City Council Members

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 course or progress through life, or a distinct portion of life and a Bureaucrat is a term that usually connotes someone within an institution of a government. Council Member 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 achieved that without Term Limits. Congratulations Mr. Scott!

Dec. 4, 2008 - LHCC Member Craig Scott stated, ".... based on what is recited here I think it is a 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? Council Member 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 - 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 Council Member 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 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 and we will be watching for that until at least 2012.

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.
Now, in 2010 with 18 years on the Laguna Hills City Council we are guessing Council Member Songstad has changed his mind about being not being a "career politician."

* For "CRIME IN YOUR NEIGHBORHOOD" Updates - go to: www.ocregister.com/saddleback scroll down to "Local Maps" Click on OCSC Crime Calls in the pull doewn box that says "MORE" move the map to your area, and click on the crime icons for details that show calls to the OC Sheriff's Department. You can also see stats for Crime in Lake Forest & Laguna Hills on Fridays in the Saddleback Valley News that is delivered to our area.
There is more information at www.ocsd.org (the OC Sheriff's Dept.) click on "E-Services" for the pull down menu, next click on "Sheriff's Blotter" then click "Laguna Hills" for the 7 or 30 day view.
* For LIVE TRAFFIC MAPS Caltrans Online Traffic Maps to instantly check traffic and any incidents on the 405/5 freeways at any time of day. On the tool bar, you can hit "Change Cities," and it shows whatever you put in there - inland, San Diego,etc. (**Thank you to Dee Dee McGann-Gollwitzer for this!) http://www.sigalert.com/map.asp?Region=Orange+County#lat=33.69964&lon=-117.80006&z=1

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 We learned that citizens who have concerns about the city, their neighborhoods, etc. should address them to the City Council Members at: ccouncil@ci.laguna-hills.ca.us . That way all the council members will be equally aware of the concerns of citizens. Council members can route complaints to appropriate departments and/or answer concerns individually as needed. If citizens address concerns only to individual council members or to staff, those concerns often do not reach all council members to allow appropriate feedback.

* Reminders and Directions for Newspaper 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.
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