January 25, 2011 - Laguna Hills City Council Meeting All Council Members were present ==============================

Presentations and Proclamations - Parks & Rec. Commissioner Larry Bertino began serving in 2007 and Traffic Commissioner Bob Ash-Everest who began serving in 2005 have completed their terms of office and are recognized for their service with a city tile plaques. Commissioner Bertino was absent but Commissioner Ash-Everest received his plaque and thanks from the City for his service.

There was a welcome to New Parks & Rec. Commissioners Daniel Cooper, Jeffrey Mc Connell and Jack Noenickx and to New Traffic Commissioners are Donald Froelich and Stephen (Ed) Rowe who took their oaths of office.

A Certificate of Recognition for his service was presented to the outgoing LHHS Student Liaison Mike Spain for his service for the Fall 2010 semester.

Public Comments - Dwayne Case, External Office of Affairs for SDG&E stated they are in the process of Starting installation of the new Smart Meters now and should finish all the installations in our area by the end of April.

LHHS Student Liaison Report by Lyndsey Kaan - Alternate Student Liaison for this semester is Kylie West. Lyndsay said this is finals week, and teacher of the year is Mrs. Malek, the Art Teacher. Saturday is the Winter Formal with a theme of the Roaring 20s and all that Jazz. Girls water Polo came in 4th. This Friday the Drama Dept. presents Aristocats - a children friendly drama for one night only.

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 = $1,075,706.93

Items of interest from the Warrant Register - $8,848.60 Departmental Operating Expenses for Dec. 2010? $9,126.29 water bill from Moulton Niguel Water District.

Items of Interest from the Consent Calendar: Items on the Consent Calendar are placed there by City Staff.

Item 4.3 - Request for $166,620.06 progress payment to be paid for citywide pavement rehabilitation project including clearing and grubbing, sidewalk and driveway replacement, cross gutter replacement, curb and gutter replacement access ramps and storm water pollution prevention plan.
Item 4.4 - Request for Contract for Community Center & Sports Complex Playground Rennovations and light refurbishment and Costeau Park Playground Rennovations to be awarded in spite of minor bid irregularities to the apparent low bidder Signature Contractors in the amount of $218,845.00. (Editor's Note In our Report on the Dec. 14, 2010 City Council Meeting we noted this Playgrounds Project was the 2nd time in 2 months that Staff had rejected all bids and had to start over. In Oct. all 8 bids for the La Paz Rd. widening at I-5 were rejected and re-advertisement of the bids for that project was authorized 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 for that mishap. With the Playground Project Staff failed to Report Responsibility and Fiscal Impact to the City. So now we see that rather than reject the bids and start over staff has decided to go ahead with the project which hopefully will not result in any future problems.)
Item 4.5 - Request for approval of the submission of comprehensive transportation program projects for Renewed Measure M. Per the Staff report - The Renewed Measure M is the 1/2 cent sales tax funding program effective as of April 1, 2011. 2 identified projects for this money are: 1. - The addition of a 3rd southerly bound lane of Paseo de Valencia between Kennington Dr. and Laguna Hills Dr. and 2. - a 3rd easterly bound lane on La Paz Rd. between McIntyre St. and Cabot Rd. This funding requires a 25% City match which is estimated to be a total of $287,500.00 These matching funds could potentially be provided by the CARITS road-fee program.

Items Pulled from the Consent Calendar - Council Member Bressette pulled
the $9,126.29 water bill from Moulton Niguel Water District from the Warrant Register and asked about how the recent tiered system of water rate increases have effected the City. Ken Rosenfield, Director of Public Services and City Engineer stated the City is monitoring the water use weekly and paying attention to the costs.
VOTE - The Consent Calendar passed 5-0

Planning Agency - None

City Council Administrative Reports - These Items are authored by City Staff
Item 6.2 A - Urban Land Institute's Technical Assistance Panel Report on Laguna Hills Urban Village
Staff Recommendation: Receive and file the report

Staff Report says - Last year the Urban Land Institute of OC/Inland Empire (ULI) contacted the City of Laguna Hills regarding doing a Technical Assistance Panel (TAP) study of the City's Urban Village area (downtown area of Laguna Hills - 240 acres bounded by Paseo de Valencia on the North and West, Los Alisos Blvd. on the South and I-5 on the East) because the ULI believed this area had significant untapped land use potential related to "transit-oriented development," given its proximity to I-5 and the Bus Transit Center (located next to the Laguna Hills Mall). The study was done because it was felt that the City would benefit from input from a TAP study. TAP consists of a panel of professionals with significant experience in the private sector planning and development-related industry who offer expert advice relative to the needs of the community and the best practices of their respective industries. The cost to the City was $12,500 for the report. The report was completed and excerpts are posted below.
** See the entire report on the City Web site www.ci.laguna-hills.ca.us , for the moment, under Agenda and Minutes - City Council - Jan. 25, 211 - Item 6.2 A or request the entire report at City Hall as - City of Laguna Hills Agenda Report, Community Development Department Item 6.2 A on the Jan. 25, 2011 City Council Meeting Agenda - Urban Land Institute's Technical Assistance Panel Report on Laguna Hills Urban Village.

The findings from this report were presented to some (un-named) members of the Laguna Hills City Council who attended a workshop on Oct. 5, 2010.
Report findings include: 1. - Creating a collaborative working stakeholder group of landowners, retailers and community members within the Urban Village area. Kick-off a community identity workshop (report says this could be addressed in the new budget process). Establish potential funding mechanisms and identify a "catalyst project location" (report says staff is working on this with property owners at Laguna Hills Mall and Oakbrook Village). Position the City as the champion of the Urban Village vision (staff says this is already established in the City and a Memorandum of Understanding to document their support has been signed by 3 major landholders, SMMC, Simon Group and Fritz Duda Company documenting their support for the Urban Village Specific Plan (UVSP) ). 2. - Creating a "Living Room" for everyday life and public celebrations in the area. 3. - City should take a more proactive role in partnering with the business community to construct needed infrastructure in the area. 4. - Establish a transportation network with the pedestrian as the centerpiece. 5. - Create a mixed-use catalyst project incorporating a "park once district" with residential. The report suggested transforming the Saddleback Memorial Hospital into an Urban Community Health Care Center, and suggested the City explore a collaboration with the Medical Center that could extend the range of programs offered that would result in public/private benefits to the surrounding community.

Report Criticisms of the City - 1. The "HANDS OFF" approach of the City related to Collaboration in advancing their role in the development of the Urban Village with other stake holders. Study says Stakeholder interviews indicated that individual landowners within the downtown area rarely moved forward with a holistic planning approach that would support the overall downtown core vision. It says existing properties in the area have difficulty connecting with decision makers of other existing properties and property owners are communicating with the City but the synergy to create a cohesive downtown is lost as each moves forward with their own individual projects. The report says of the City that "Governing with a hands-off approach misses the opportunity for collaboration among the various land owners.
2. The reluctance of the fiscally conservative City to invest City funds for any other projects than public transportation, signage and infrastructure improvement. "The City's hands off approach to development may, in part, be responsible for the limited investment in the Urban Village." One recommendation was for the City to explore the use of tax increment financing (TIF) or the creation of a business improvement district (BID). Study says a TIF allows a city to create a special district within which public improvements can be made to generate private sector development.

This report (minus the criticisms of the City noted above) was presented at the City Council Meeting by Vern Jones, Community Development Director. Council Member Bressette asked if the water table problem related to the issue of possible underground parking was considered in the planning for the Urban Village and was assured that it was. Council Member Kogerman asked what the next step was related to this plan and if the City can build some of this into the upcoming budget process. Vern Jones, replied that staff will be bringing some of these concepts to the budget process so this is a good time to start a dialogue on this process. Mayor Songstad noted that the most encouraging thing in this report for him was that the City finally got Simon's attention because nothing can happen without that.
VOTE - Motion to receive and file this report passed 5-0

Other Business - All of these Items are authored by Council Members

Item 7.1 - City Council Financial Policy Regarding Employee Compensation Recommendations: (This item was authored by Council Member Kogerman)
1. Develop and adopt a new Financial Policy for employment compensation
2. Include in the policy a provision that the total of benefits and the top step of salary ranges for rank and file employees be within 5% (not 5% above) of the County average for each comparable position. Define benefits as those elements of compensation to be surveyed in the Comprehensive Compensation Study at the Jan. 11 meeting.
3. Policy shall require that total compensation of management employees be set within 5% (not 5% above) of the total compensation offered by cities of comparable population, budget, number of employees, complexity also considering experience and education of employees.
Agenda report - Current City policy states "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."
4. Stipulate that the "employee portion" of benefits be paid by employees without a matching increase in salary. (The City now pays the employer and employee contributions to CalPERS which = 17.263% of the employee's salary. The employee's portion would be 7% if they paid their own employee contribution so the City's contribution would drop to 10.263%. The employee's 7% amounts to more that 40% of our total paid to CalPERS last year we paid $476,000+ to CalPERS. The savings to the city would be a little over $193,000 if the employees paid their own employee contribution. The City's unfunded pension liability is $638,418.00 as of June 30, 2010. The City also pays 100% of the employees 401 A Retirement Plan for all management staff and all employees with 10 years of service. If employees paid their portion of their premiums for Medical Benefits the savings would likely be higher than the cost of the premiums themselves, because more employees may elect to use a spouse's medical insurance saving the city the entire cost of medical premiums.)
5. Stipulate that additional vacation or sick leave beyond that negotiated in an annual employee contract or agreement shall not be awarded. Employees may carry over up to a max. amount of 2 weeks of vacation and 2 weeks of sick leave for future use or benefit. (In some years the City has awarded an additional 6 weeks vacation leave and in other's one week. The City's liability for compensated absences is currently over $314,000 as of June 30, 2010 and this is paid from the General Fund. Upon separation or retirement employees are compensated at their current pay rate for their accrued vacation. They are currently allowed to carry over up to 320 hours of vacation time from one year to the next and any additional vacation beyond that time is paid out as salary. Employees can accumulate up to 160 hours of sick leave and excess sick leave can be cashed out as a retirement savings plan. At the end of 10 years and each year after that employees get an additional $5000 contributed to that plan account by the City. A final contribution for all unused sick leave is made at time of separation.) The issue is how long can these kinds of benefits be sustained.
6. The current level of compensation for any employees whose salary and benefits are encumbered by existing employee agreements shall be frozen until such time as it is desirable to modify them.
7. Notwithstanding item 5 above, such policy shall be implemented as soon as practicable following receipt of the comprehensive Compensation Study authorized at the Jan. 11, 2011 City Council Meeting.
8. City Council shall annually appoint 2 members as representatives to negotiate any management employee agreements, contracts or performance evaluations and the Committee shall report its recommendations to the full city council for action. It is common in most cities to have 2 council members perform this function not only one as was done in Laguna Hills.
9. In no case shall an employee agreements for contracts be renewed without first being reviewed no later than May 1 by the City Council majority (no more automatic renewals) and
10. In no case shall employee agreements or contracts contain provisions that restrict or prohibit a duly-sworn succeeding City Council majority from entering into employee agreement or contract negotiations and taking its considered actions at any time of its choosing. This is versus our current agreement with the City Manager that prohibits new council members from acting for 6 months until the year following the next contract year. Some cities have a 3 month moratorium here and the rest have no moratorium whatsoever.

Item 7.1 Agenda Report includes this statement - The financial policy for Employee Compensation should be revised to reflect the expressed wishes of the citizens and the current economic conditions. It also contains a copy of a memo from the City Manager stating "With regard to setting my compensation, I don't believe the Council has an adopted policy. They merely have followed a recognized practice of setting my salary at the average of the top 25% of City Manager's in Orange County." Bruce (Editor's Note - This memo refers only to the City Manager's "salary", his total compensation is what places him at the top for Orange County and in the top 10 in the State.)

Council Member Kogerman stated that she believes the work of the staff is stellar, but policy changes are required to meet the needs of the current political and economic realities of the State, the Counties and the Cities. She said there are warnings that it is likely to be 2014 or 2015 before we again enjoy the level of revenues we previously experienced and she is doubtful that the generous salary and benefits are sustainable. She also said change reflects the wishes of the citizens who made a pretty clear mandate in the recent election. The current policy requires the Rank and File city staff to be paid 5% above the top salary range for the average comparable position throughout OC. The City Manager's salary is in the top 25% of OC and his total compensation is in the highest in the County and the 10th highest in the State. The City has adopted the practice of paying all employee portions of benefits such as medical premiums and contributions to retirement plans and senior employee compensation has risen to the detriment of public services for citizens. The City has 25 full time employees at this time. (Editor's Note - please see Council Member Kogerman's other remarks in the text of her Agenda Item 7.1 above.)

Public Comments: Bill Enholm, Laguna Hills Citizen stated he is a Banker and if you listen to the President bankers are right behind public employees for being overcompensated. He said he supports the City's employees and also agrees that the City Manager needs the tools to hire and retain superior employees. Competitive and fair compensation is good but he remembers when public employees were paid a little bit less than the private sector, but had better job security and retirement benefits. Now it seems that public employees have all three, better job security, unbelievable retirement benefits and better compensation. He said just think of how much money a person would have to save to have $100,000 a year in retirement income at 1% interest you'd have to have a million dollars saved. Barbara Kogerman had the guts to touch this hot potato and is on the right track. We need a benchmark as Council Member Carruth said but also need the compensation study to involve the private sector. We're all familiar with that game of Newport Beach giving their employees a raise, that causes Laguna Hills to give their employees a raise, which justifies raises in Mission Viejo, etc. which then justifies the next raise in Newport Beach. The policies that Council Member Kogerman are supporting are spot on. The vacation benefits are outrageous. Our City Manager gets 6 weeks a year, that's a month and a half of vacation and then for some reason the city council gave him another month and a half so in one year we gave our City Manager 3 months off. There is nothing like that in the private sector. Nobody in the private sector can accrue more than a week of vacation anymore because that causes a huge contingent liability problem. Why pay employee contributions? Those are called "employee" contributions because employees are supposed to make them. He said Koggerman's proposal doesn't go far enough, we need to get rid of all the perks that go beyond what we see in the private sector things like private use of City assets, cars that you can take home, what happened to "for official use only"? Car allowances are not heard of in the private sector, they get paid mileage for official business? Toll road transponders, cell phones, 100% payment for health insurance. If you accrue more vacation and sick leave than you need okay but you shouldn't be able to cash it in, this is not heard of in the private sector. Vacation is there for a reason, you are supposed to take it and recharge your batteries. It forces contingency plans and cross training and should be taken not saved as a huge perk for retirement. He said he would not eliminate accrued sick time because one could have a catastrophic illness and might need it but you should never be able to cash in the excess. He stressed that the number one determinate of job satisfaction is an employee's immediate supervisor not compensation. He said Mr. Channing must be a great supervisor because no one ever leaves this City. He urged approval of item 7.1 and said it's the right thing to do and citizens will appreciate it.

City Manager Bruce Channing stated he is extremely proud of the employees that work for the City and considers it a great privilege to work along side of them every day of the week. In his 34 years of public service working with 5 different cities, he has not witnessed a group of employees that are more professional dedicated, and committed, to deliver high quality services and cost effective, non-bureaucratic, customer service in a friendly manner. It's an honor to serve as the City Manager of Laguna Hills, and be supported by highly competent management staff and highly skilled non-management employees. He said he can assure you that there is no one here who does not come to work every day with the intent to put in a full hard day of work and employees appreciate their opportunity to work in a highly desirable area of Orange County. When the City Council hired him 20 years ago their directive was to create an organization that maximized the use of contract services and minimized dependence on the use of full time staff. In order to accomplish that vision the City needed to be able to acquire and retain top quality staff provided that they maintain employment compensation practices that were competitive to the market place. This meant providing a good working environment and the same type of benefits afforded to other public employees in Orange County with salary's slightly above the average in comparable positions. Constant turnover is a significant cost so the City did not want to be a place where employees came to get experience and then moved on. There are no unions, no labor vs. management issues and no need for a Personnel Director. The City has succeeded in its original objective of keeping a small but highly productive staff. It is reasonable to revisit policies to see if policies are still desirable so he recommended the compensation study. Need solid empirical data before changes to any employment practices. Need to understand potential consequences of change of policies. He acknowledged the long recession but said practicing fiscal constraint have served the City well.

Mayor Pro-Tem Carruth stated here in Laguna Hills we have one of the most conservative pension programs in the State with 2% at 60 but she said she does not know how many OC cities ask their employees to pay a portion or pay all of their health care benefits. (Editor's Note - There has been no mention that, we have seen or heard of, asking employees in this City to pay all of their health care benefits only the "employee portion".) She thanked Mr. Enholm but said that his remarks were directed mainly to the City Manager's contract, compensation and benefits, but policies need to be for the entire organization. She thanked Council Member Kogerman for her efforts but said she needs more information so would like to consider this but wants to wait until the Compensation Survey is completed. Council Member Kogerman moved the item 7.1 and recommended a cart before the horse look at policies (the cart) first then make decisions about the data (the horse) from the Compensation Study based on policies and said she was willing to accept amendments. It was seconded by Council Member Bressette for purposes of discussion. Council Member Lautenschleger said this is all part of the Compensation Report and we have been making great policies for the last 20 years. He said he was not sure this was a mandate from citizens it may have been a lot of money spent on a certain issue or person and years back we were winning councils with even more votes. (Editor's Note - The only times Lautenschleger or any council members got more votes when there were less candidates running in an election. We traced the elections back to 1998 to learn there have never been 8 candidates in an election prior to 2010. Previously the maximum number of candidates in a election was 5 and there has never been an election prior to 2010 where a new candidate received more votes than any of the incumbents.) Council Member Lautenschleger went on to say we always look for the best talent so don't need to compare ourselves to other cities of only the same size, we want the best and brightest working in this city no matter what size city they come from with what size budget, etc. (Editor's Note - It is important for Council Member Lautenschleger to remember that we are not looking to recruit employees but to compare compensations and for that purpose it is necessary to look at comparables including other cities and private sector companies of a similar size, budget and complexity.) Lautenschleger made a substitute motion to table the item until the results of the compensation report come back and the at the time of the budget discussion. Council Member Bressette stated he will speak to the motion on the floor because he is not a big fan of substitute motions and it is inappropriate to use a substitute motion to simply defer the decision. He said what has been presented tonight should be discussed fully and a decision made. He asked the council to vote NO on the substitute motion and to consider the original motion. Mayor Songstad said this may put the City in a difficult position contractually related to not having the City Attorney's opinion on th City Manager's contract back before discussing changing any policies. He asked for a vote on the substitute motion and the VOTE was 3 to 2 in favor of the substitute motion to postpone this discussion until the results of the Compensation Survey are presented. The 3 in favor of postponing this until a later date were Lautenschleger, Songstad and Carruth, the 2 against deferring this discussion were Kogerman and Bressette.

Council Member Bressette thanked all the City Employees who attended the meeting and told them how much he appreciated their very good work. He said there was not adequate information available tonight to give careful consideration to this substantial shift in philosophy. Mayor Pro-Tem Carruth then asked Council Member Bressette to explain to her if, given the comments he just made, would he have voted Yes on Council Member Kogerman's motion? Council Member Bressette answered, "No, I am not saying that at all." He restated that to simply defer what is in this report for 4 months was inappropriate as there was a lot of work that went into this report and he would prefer to see this come back in the future in a different manner.

Matters Presented by Mayor & City Council Members -
Council Member Lautenschleger stated he attended League of Cities Transportation Communication meeting in Sacramento. Discussed Traffic mitigation and infrastructure fees that need to be paid by new development that comes into a city. Reports included one that said 67% of the States roads are now in at risk or poor condition and about $73 million needed over the next 10 years to bring them up to best management practices condition. Southern CA. roads in better shape than those in the North. There was also discussion about Redevelopment Agencies. Laguna Hills does not have a Redevelopment Agency but many cities are dependent upon them. There was talk about getting rid of all Redevelopment Agencies and it was Lautenschleger's opinion that some redevelopment agencies need to continue. Contact him for more information.
Council Member Kogerman - Stated she and the City Manager attended a Boot Camp from the League of CA. Cities for Mayors and new city council members, and those wishing to get refresher courses, in Sacramento with about 400 other people. Governor Brown spoke about Redevelopment Agencies. She said the Laguna Hills City Manger was a valuable Resource for her. She received information on Local Agency Decision Making, Land Use and planning, Accounting for City Revenues, etc. Sessions were full of information and provided lots of opportunity for questions and answers. Governor Brown spoke on Redevelopment. One of the takeaways from the meeting was a recommendation that a City's Audit Committee should include members of the public who are CPAs or Bankers and the City's Finance Committee should include should also include a member of the public who is a CPA or a banker. Another recommendation was that the City establish a whistle blower protection policy for staff who uncover financial irregularities because most irregularities are uncovered through a tip from staff. Another suggestion having a staff member serve as a public information officer that could take advantage of new social media, such as Facebook for 2 way communication. There was talk about using I-pads for city council members. Council Member Kogerman stated she uses her own I-pad and recommends that as they save both paper and staff time that is spent compiling information. She thanked the city and the City Manager for this opportunity.

Mayor Songstad said he attended a So. CA. Mayor's Meeting and heard a proposal that South OC be split off from So. CA. Association of Governments (SCAG) and the rest of OC and be made a part of the San Diego region. He said this makes no sense to him so he is asking staff to follow this and see if it can be killed at staff level. He also said a seat in SCAG Regional Council in our district is open for the first time and Council Member Lautenschleger is running for that seat. There is a meeting on the Thursday the 27th at the OCTA office on Main Street in Santa Ana for the OC Council of Governments where council members can show up and vote for who they want to have this seat. The rules for voting are that every council member who shows up from a city in the district gets a vote. Lake Forest has previously held this seat and there are 4 cities in our district who belong to this group and are allowed to vote - Lake Forest, Mission Viejo, Laguna Hills and Laguna Woods.

Closed Session - for negotiation of rental of space in City Hall with War Era Veterans Alliance and more discussion of the City Manager's Performance Evaluation.

Next regular City Council Meeting is Tuesday February 8, at 7 pm, City Hall plus there will be 3 PUBLIC BUDGET WORKSHOPS held on March 15, April 19 and May 17 and a PUBLIC HEARING on the City Budget in June.
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City Council & City Manager Report Card - #2 for 2011

Categories - (T) Transparency for Citizens, (A) Accountability to Citizens, (CI) Championing Citizen Related Issue, (AG) Achieving Citizen Related Goal
Grades - (P) Pass (A) for Authoring a Citizen Friendly Item (F) Fail (A+) Extra Credit
City Manager will be scored related to online and agendized Staff Reports and Requests

Bressette - P - For Defending the Citizen Friendly concept that it is inappropriate to use a substitute motion to simply defer the decision.
Carruth -
Kogerman - A - For Authoring the Citizen Friendly Item 7.1 - City Council Financial Policy Regarding Employee Compensation Recommendations:
Lautenschleger -
Songstad -
City Manager - F = Lack of Transparency The Public Staff Report presented at this City Council Meeting of the results from the report Urban Land Institute's Technical Assistance Panel Report on Laguna Hills Urban was presented without the Criticisms of the City that were contained in the written report. Those Criticisms were: 1. City should take a more proactive role in partnering with the business community to construct needed infrastructure in the area. 2. "Governing with a hands-off approach misses the opportunity for collaboration among the various land owners." 3. The reluctance of the fiscally conservative City to invest City funds for any other projects than public transportation, signage and infrastructure improvement. "The City's hands off approach to development may, in part, be responsible for the limited investment in the Urban Village." One recommendation was for the City to explore the use of Tax Increment Financing (TIF) or the creation of a business improvement district (BID). Study says a TIF allows a city to create a special district within which public improvements can be made to generate private sector development.
*Editor's Note - In rating the Staff it is important to remember that everything they do is subject to the scrutiny of the City Manager, so we can only rate the City Manager.

INFORMATION, COMMENTS QUESTIONS and CONCERNS from Watch Dog Readers:

Important Point regarding CalPERS Retirement Pgrm. for City Council Members
Congratulations to Mrs Kogerman on her election to the Council. I did not vote for Mrs.Kogerman, however, I am very impressed with her early demonstration of leadership and commitment to transparency and setting things right. I am especially impressed that she has publicly declared that she will not accept health benefits nor participate in the CalPERS program. CalPERS stands for California Public EMPLOYEES Retirement System (emphasis added). Council Members are NOT public employees, they are elected, temporary public servants - as such should not burden the City coffers accordingly. It is appropriate for city employees, but not for Council members - so, I hope Alan, Melody, Randy and Joel will follow the lead of Mrs. Kogerman - it is what is needed, it is what the citizens of Laguna Hills want to see happen. A LONG TIME LH RESIDENT

Is the City Manager Transparent?
Hey Watch Dog while you're at it give the City Manager an A+ for Transparency because his effort to dump the Citizen's Survey for 2011 at the last council meeting could not possibly have been more transparent. I have been around City Hall for a long time and I have never heard any of the staff spontaneously praise the City Manager for being a good boss. Perhaps if they are told to they will. Good leaders should lead by example and it appears he led by the example of excessive greed and was supported in that by some City Council Members who, like him, had no regard for the taxpayers. Finally we have Kogerman who is willing to take the reins to curb the overspending and hopefull we will be able to change the ridiculous contract that was allowed to bind us so tightly to this City Manager. We are glad we finally have a council member who is willing to do something about this and we hope others will follow her lead. Also kudos to Bressette who challenged the City Manager's phoney excuse to discontinue the Citizen Survey. Wise to these tactics

Laguna Hills Woman Attacked on Alicia Pkwy.
Do we need at least one of those Sheriff's Deputies Back and when? The old Council Majority of Scott, Lautenschleger and Songtad dumped 2 of our Sheriff's Deputies, when will we get at least one of them back? A very Concerned Citizen.
OCREGISTER: Woman fights off attacker on busy street
http://www.ocregister.com/news/woman-285715-along-suspect.html Safety First

When is the Coyote Problem in Laguna Hills going to be placed on the City Council Agenda?
Citizens were promised just before Christmas in 2010 that the Coyote problem that has resulted in more than 20 pets killed in just one area was going to be placed on the City Council Agenda soon. We are waiting for that to happen before we lose all our pets. Promised and Forgotten?

City Pet Owners waiting 3 months for answer from City about offer of Animal Shelter Services in Lake Forest Laguna Hills pet owners are still waiting for an answer from the City Council on this opportunity, what has been done with this off from Dr. Saad? At the Oct 26, 2010 City Council Meeting in Laguna Hills Dr. Fred Saad, DVM - Owner of the El Toro Animal Hospital in Lake Forest, at 23162 El Toro Frontage Rd. said he is offering to the Laguna Hills and Lake Forest the possibility of locating their animal shelter at his facility because Laguna Hills and Lake Forest have no shelter and have to go 20 miles to get to the 69 year old County Shelter with the high kill rate that the city now uses. He said he also does low cost spays and neuters. He invited the city council to tour his facility and give him a chance to work with the city on this issue. Very Dissatisfied Citizen

Important Story about the losses of our City's Adopted Marines
The LA Times Newspaper has a front page story on the City's Adopted 3/5 Marine Battalion today. I'm sorry the reason is that they have suffered so many KIAs. Here is the link - http://www.latimes.com/news/nationworld/world/la-fg-afghanistan-marines-20110123,0,7828727.story Adopted 3/5 Marines Supporter

How to support the 3rd Battalion, 5th Marine Division Adopted by the City of Laguna Hills You can e-mail Mike Bland at 35bland@gmail.com with questions, suggestions, for information, about donations, etc. and the city e-mail for the 3/5 is 3/5-support@ci.laguna-hills.ca.us The City Clerk Peggy Johns is the City Liaison to the 3/5 Support Committee. Go to the City web site at http://www.ci.laguna-hills.ca.us/
Many more boxes of toiletries and snacks have been mailed to the Marines over the past couple of weeks thanks to the generosity of the community and the caring high school students in the math classes of Jonathan and Valerie Bromberg.

News Stories and Blogs about Laguna Hills:

Gold-plated benefits? New councilwoman just says ‘no’ http://taxdollars.ocregister.com/2011/01/18/gold-plated-benefits-new-councilwoman-just-says-no/72532/

OCREGISTER: Laguna Hills councilwoman says no to health benefits
http://www.ocregister.com/news/city-282972-benefits-council.html

O.C. cities lavished health benefits on council members http://taxdollars.ocregister.com/2010/12/06/oc-cities-lavished-health-benefits-on-council-members/69544/

Vote! Should part-time councilfolk get full-blown benefits?http://taxdollars.ocregister.com/2010/12/06/vote-should-part-time-councilfolk-get-full-blown-benefits/69750/

Who has the best-paid city council in California? (updated)http://taxdollars.ocregister.com/2010/12/02/who-has-the-best-paid-city-council-in-california/69418/
In Laguna Hills the Taxpayers pay the entire cost of heath care premiums for the elected part time city council members and their families. In addition, the City Manager's contract states "To the extent that payment of all or any portion of the dependent rate of premium, is not approved by the city council for all city employees, Channing shall be entitled to a salary increase or cash payment sufficient to cover the amount of premium or rate for dependent coverage not provided by the City plus applicable income taxes on that amount."

OCREGISTER: Kenneth Frank: In defense of city managers
http://www.ocregister.com/opinion/city-277030-manager-laguna.html "Citizens, in turn, must do their part to foster civic pride. They should demand that city council and planning meetings be televised and streamed online. And they need to become involved. In Laguna Beach, we have numerous homeowners associations and environmental, business and labor groups that encourage the exchange of ideas and enhance the interactivity between residents and elected officials."

OCREGISTER: Chris Norby: Local officials susceptible to 'Bell syndrome'http://www.ocregister.com/opinion/elected-276253-city-syndrome.html "Bell syndrome thrives where elected boards vote in lockstep, where groupthink is elevated, and skeptics are ostracized, and where top staff are seen as irreplaceable experts – with rubber-stamped salaries to prove it. Bell syndrome thrives when self-congratulation trumps self-examination."

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

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

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

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.

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 unless you change members of the city council.August 19, 1994 - LHCC Member Allan Songstad - From the Los Angeles Times Newspaper Article Collections - Orange County Focus

August 19, 1994 LYNN 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" www.ocregister.com/saddleback scroll down to "Local Maps" Click on OCSC Crime Calls in the pull down 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. Weekly Crime reports in Laguna Hills By CLAIRE WEBB, THE ORANGE COUNTY REGISTER http://www.ocregister.com/news/block-281462-report-drive.html See a map of all crime calls in the city in the past 24 hours by visiting ocregister.com/lagunahills The blotter was compiled by Claire Webb and consists of selected items from the Orange County Sheriff's Department web site, ocsd.org.
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.

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. http://www.sigalert.com/map.asp?Region=Orange+County#lat=33.69964&lon=-117.80006&z=1

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

January 11, 2011 - Laguna Hills City Council Meeting
All Council Members were present
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New Feature - The LH Watch Dog has received a lot of e-mails related to establishing a Report Card for each council member in 2011 based upon the essential ingredients from the 2010 election, including the following: Maximum Transparency in everything reported by the City Council and Staff including the council agenda, online and in City Views; Complete accountability to the citizens in every decision that is made; Web streaming unedited City Council meetings and making them available anytime for Citizens to view at their convenience; Safety for Citizens including more frequent Crime Reports for the city and both honest and easy to understand reporting of the numbers of deputies currently being used and their specialties related to how they serve the citizens; Curtailing bloated compensations for City Council and Staff; Looking at ways to make Health Insurance Plans for City Staff and Council Members more affordable including establishing an employee contribution; Greater attention to council members ordering costly and un-necessary reports including for the purpose of stalling an issue; making the City Manager more accountable to the city council, and through them to the citizens, by instituting internal audits of City Manager's and other City Management's expense accounts and public reporting of them; curtailing some City Manager powers such as allowing him to give raises to staff without council approval; Establishing a definition for "Total Value" and a definition for how frequently a new car will be purchased for any staff member including a requirement for the purchase price to be publicly approved and publicly reported by the city council before it takes place. We are also going to look at how the Laguna Hills City Manager's current contract may have a strangle hold on citizens/taxpayers, by comparing it with CM's contracts in other cities. We will monitor for larger Citizen issues such as the City Coyote Problem, a need for campaign finance reform for Laguna Hills to level the playing field for City Council Candidates, the Poor City Services such as the City's 20 year old contract with the now 70 year old County Animal Shelter in Orange, as well as specific neighborhood issues including traffic and safety.

Our New Year's Resolution is that the LH Watch Dog is going to work harder this year to focus on all issues that fall into, but are not limited to, the categories listed above and record the opinions and votes of every council member on those citizen related issues and more. We hope this will shine a light on council members whose actions and accomplishments prove them to be transparent, accountable to the citizens and citizen friendly public servants. We encourage everyone to contribute their ideas to this process. Our Report Card a very simple ongoing report that will help to establish the value of each city council member as a voting guide for citizens who choose to use it.

Presentations and Proclamations - Public Comments - NONE

Public Comments - Mike Bland, Laguna Hills Resident stated the City's Adopted 3/5 Marines Support Committee was re-established less than 2 months ago. He gave a brief slide presentation of the Marines in Afghanistan and the Support Committee's progress since that time, including the Marine's Banner hanging on the Community Center with a light on it until they come home. He thanked Community Services Superintendent Dan Meehan and Deputy City Manager/Community Services Director David Reynolds for getting the banner hung and lighted and Mayor Pro-Tem Carruth for getting that very large banner made from a small copy of the Marines Battalions Shield and Darkhorse logo. He also thanked Laguna Hills Resident Dee Dee McGann-Gollwitzer, Wildlife Photographer who donated her time and talent to take this gorgeous, almost magical, illuminated photo of the banner at night as well as photos during the day of the banner for the committee's archives. You can see the night photo of the banner at http://www.ocregister.com/news/marines-283528-banner-committee.html and more of Dee Dee's photos at www.USWildlifeImages.com and http://www.pbase.com/deedee_g/root&page=all

Mike added there is information inside the Community Center about the Marines and how to help support them. He noted a photo sent from Afghanistan of the Marines with one of their dogs who assists in locating IEDs. Specific information about the dogs is protected for security, but he said the dogs do come home with their Marine handlers when the 3/5 returns. He spoke about the great success of the Holiday Toy Drive this year, with special thanks to Council Members Randal Bressette and Melody Carruth for getting this effort moving forward again. He noted the success to date of the "Sock it to the 3/5 Marines Campaign" to send warm comfortable socks to the Marines in Afghanistan. He thanked Laguna Hills Citizen Jonathan Bromberg for the great Campaign Slogan and he thanked the community for their generosity in the success of the Toy Drive and the ongoing socks for the Marines Campaign as well as Council Member Bressette who is retired military so ordered the socks through the Marine Corps Exchange for a reduced price that includes shipping, to enable more socks to be sent. He also thanked city staff members Sandy Morgan and Melissa Au-Yeung for organizing and tracking the donations for the socks. Mike said he is mailing thank you notes to everyone who donated. He said about 25 boxes of school supplies have been sent for the Marines to hand out to the Afghan children and noted that citizens have really stepped up to support their Adopted Marines.

Mayor Pro-Tem Carruth added that this Marine Support Committee built upon what Laguna Hills Citizen Richard Nagle had done in the Fall with LHHS students and students in elementary schools in sending large numbers of care and comfort items to the Marines in Afghanistan and thanked Mike Bland for taking over as Chairman of the Support Committee. Mike added that the support from the Council in 2010 was really important and the Committee is close to finalizing the incorporation papers and full non-profit status.

David Russell Oren, Laguna Woods Citizen spoke about the large numbers of pot holes on Ridge Route where he drives daily. He noted Ridge Route is a street located almost entirely in Laguna Hills and badly in need of repair. Ken Rosenfield Director of Public Services and City Engineer said Ridge Route is not scheduled for repaving until 2014 but temporary repairs are being done as needed, weather permitting.

Meg Gorham, Laguna Hills Citizen spoke on behalf of an LHHS Grad Night fundraising effort entitled "Win Win Wednesday". She said letters were sent to 70 Laguna Hills Restaurants asking them to participate as fund raisers on Wed. nights between now and Graduation. So,until June 15, 2011 there will be an opportunity to dine at a local Laguna Hills Restaurant on a Wed. Night and they will contribute to Grad Night. Call LHHS for more information.

Kurt Bardos, Laguna Hills Citizen said he lives on Sunset Place and needs a Maple tree removed from a City Parkway because its roots are destroying his yard and have caused multiple problems to his plumbing that resulted in expensive repairs. He said he has spoken with Ken Rosenfield Director of Public Services and City Engineer and asked for this through the City twice previously but nothing has been done. He added that the HOA for this area is also involved in this issue. He was referred back to Ken Rosenfield by Mayor Songstad because this is not an agendized item.

LHHS Student Liaison Report by Mike Spain - Wrestling over the weekend with San Clemente, Boy's Soccer beat University on Friday, Win Win Grad Night Fund Raiser, Finals will be the last week of June, planning for College Admissions now and Mike jokingly added after that we are just looking at and keeping GPAs above 2.0. He added this is his last report and thanked the council for this opportunity.

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 - Item 4.2 Warrant Register = $1,216,199.37

Items of interest from the Warrant Register - $102,500 settlement paid to Eric Young by the City for a bike accident

Items of Interest from the Consent Calendar: Items on the Consent Calendar are placed there by City Staff.
Item 4.3 - One year extension of the joint recreation Maintenance and Operation Agreement with Saddleback Valley Unified School District for use of the Upper High School Field.
Item 4.4 - Award of Contract for the La Paz road widening at I-5 Project.
Item 4.5 - Memorandum of Understanding with the OC Transportation Authority for Edinger Ave, Irvine Ctr. Dr., Moulton Pkwy., and Golden Lantern Traffic Light Synch. Program.
Item 4.6 - Memorandum of Understanding with the OC Transportation Authority for El Toro Rd.
Traffic Light Synch. Program.
Item 4.7 - 2011 Citizen Survey - Recommendation that the City Council direct Staff to forgo the 2011 Citizen Survey. *Editor's Note - If this item had not been pulled from the Consent Calendar for discussion the 2011 Citizen Survey, a potentially valuable tool for Citizens to rate their priorities and give their opinions about the City, would have been eliminated without discussion and without knowledge of all citizens who had not carefully read the Agenda for this council meeting. This Survey has previously been conducted every 2 years since 1995. The City staff report states that this year because citizens have fewer phone numbers listed in the phone book they were concerned that they could not get a representative random sample of 400 citizens and the sample would be skewed toward an older population. Staff states the budget savings would be $18,000. The staff suggestion is to put enhanced information in City Views rather than do a citizen survey.
*This is an excellent example of why the Laguna Hills Watch Dog was started. The staff report says phone #s from the white pages are used to survey 400 random citizens and staff knew in 2009 that there were only 4266 phone numbers posted in the white pages for this city at that time. So, in 2009 already suspecting that the survey may not be valid, they did it anyway because they said they were already committed and they eliminated so many of the questions that the focus was narrowed to the point that it became an arguably useless tool. Since that time staff and some council members have quoted the 2009 results frequently saying a high percentage of the population feels this city is a great place to live. The LH Watch Dog sent e-mails to several council members before this meeting to alert them regarding this item in the Consent Calendar.
Item 4.8 - Final Grant Application for the Urban Forestry Grant Pgrm. known as "Green Trees for the Golden State" for funding from the Urban Forestry Grant Pgrm. provided through Propositions 40 & 84.
Item 4.9 - Local Implementation Plan document update for Water Quality Requirements as needed during the National Pollution Discharge Elimination System Permit Term.
Vote - Consent Calendar Items (except 4.2, 4.3 and 4.7) passed 5 - 0

Items Pulled from the Consent Calendar -
Item 4.2 - Approval of the Warrant Register pulled by Council Member Kogerman who asked for an explanation of why the City has paid Joe A Gonsalves & Son (a State Legislature Lobbying Group) $2,900 a month or about $35,000 a year for many years and continues to pay. She noted that no other cities in Orange County appear to use their services and she asked what services are they actually providing. Mayor Songstad responded that they are a valuable information source if needed. City Manager Channing added they are used as protection against take-away legislation. Because of a long term relationship their fee to our city is less. They are useful to look after our selective interests, etc. Council Member Carruth stated she was also interested in looking further into this contract expenditure related to budgeting sessions coming up because we now get a lot of this information from the League of Cities.

Paul Stanislaw, Laguna Hills Citizen admitted that he used to just check the boxes to vote for City Council but is now getting engaged in what goes on in the City and being a more productive citizen. He asked what specifically has this lobbying firm done for Laguna Hills in the past. City Manager Channing stated they helped right after incorporation when the City needed special legislation to extend the effective date of the Terms of Office for three recently elected City Council Members who came into office in Dec. so would technically have had to run for office again in 3 months after incorporation. They helped through the State Legislature to fight the County of Orange in 1995-96 related to the City annexing North Laguna Hills. They helped in the late 90s to fight against property tax legislation to take away revenue from certain contract oriented cities, they've helped with Grant proposals, with improving funding chances, with the State Board of Equalization re. a sales tax issue and Council Member Lautenschleger added they actually get us in the door to talk with State Legislators when others are lined up waiting. Mr.Stanislaw thanked the Council for the more specific information.
Vote was 5-0 in favor of passing Item 4.2/Warrant Register

Item 4.3 - One year Extension of Maintenance and Operation Agreement for use of LHHS Upper Field was pulled by Council Member Carruth to ask if there was any council or staff concern about the renewal date for this contract and/or the improvements the City has made to these fields not being properly maintained. Deputy City Manager/Community Services Director David Reynolds responded there was no concern and that our agreement is for payment for the brick dust for the softball fields and some other general maintenance and for lights. Staff could look at this issue of the fields and bring a staff report back to the council.
Vote was 5-0 in favor of passing Item 4.3

Item 4.7 - 2011 Citizen Survey -
Staff Recommendation - City Council direct Staff to forgo the 2011 Citizen Survey. This item was pulled by Council Member Bressette who asked why we are just learning tonight about this and why were we not informed of these problems in 2009. Assistant City Manager Don White stated this has been happening over time, there was concern 2 years ago. One of the reasons we decided to go forward was that we were dealing with the Recreations Needs Assessment which included a phone survey that was less than we were paying for the overall survey. So we did that survey to get the information for the Recreation Facility Needs Assessment. We'd always delt with 60% - 70% of land lines listed but now down to about 38%. When the survey company was called this year they made a professional assessment that they could no longer take that data from that and extrapolate it to the whole population. Two years ago they had not come to that decision but now they have. Council Member Bressette asked if they have access to other phone records such as the Registrar of Voters information. Assistant City Attorney Don White stated what they would have to do is take the Voter Registration List and go again to the white pages to cross reference. There is a neighboring city that does that but the survey group said that narrows the population even more. Also using cell phones is problematic when doing a survey. They could do a survey and say it's going to be pretty comparable to 2 years ago but not one that you can be confident in extrapolating. Council Member Bressette responded we have been using the results of the 2009 survey data so if they were uncomfortable with that data 2 years ago they should have told us, did they? Assistant City Attorney Don White answered, "No". Council Member Bressette continued that he found this odd that University of Texas now decides that they can't generate an appropriate statistical sampling for us. It sounds like now that we had an election and the public made quite a statement we no longer care to obtain our residents input as we have since 1995 primarily because we no longer care about your opinion based on the election. He said he didn't think that was true but is the message we are potentially sending. He said he thinks this survey needs to be done and to use in the biennial budget program and we need to look now to 2013 to find out now what we can do then. There was a lengthy discussion with Council Member Songstad asking about using a different survey vendor, and Council Member Kogerman said we should have the survey and suggested using mail out surveys. City Manager Channing strongly stressed the question of the validity of the survey if it is done with existing phone #s and contributed that it is more expensive for a mailed survey than for a phone survey (**Editor's Note - No, you're not crazy if you're thinking what we're thinking - Why now is the City Manager considering costs to citizens when the issue is something useful for the citizens? Where was his concern for costs to the citizens when he bought the $60,000 luxury car for his personal use with taxpayer money in Tustin?) Council Member Kogerman also questioned the survey questions and asserted that if the city had asked citizens previously what they thought about Term Limits they may have saved everybody a lot of money and time. Assistant City Manager Don White said another survey would defer to the questions used in the previous 2007 survey. Mayor Pro-Tem Carruth summed it up by saying Staff gave us no options tonight other than dropping the survey. Council Member Lautenschleger said he was offended by the statement that this looked like a political issue this year and stressed that he wanted the survey but why do a survey if it's not representative of the people?

Vote was 5-0 in favor of directing the preparation of the 2011 Citizen Survey by using the voter registration index for phone numbers but not the sole source of phone numbers and find a new vendor if appropriate.

Item 4.8 - Vote - passed 5-0 without Council Member Kogerman who recused herself because she lives in Forestry Grant Pgrm. Area.

Planning Agency -
Item 5.2 - Report re. the use of LED Neon Linear Lighting to outline the roof line of the Hills Hotel located at 25205 La Paz Rd.
Staff Recommendation - A code amendment to allow the limited use of LED neon and exposed Neon signage, subject to a master sign program.
Community Development Director, Vern Jones spoke about the lighting along the roof line of the Hills Hotel. He noted that visibility of a very large sign for the Hotel on the property and another sign on the Hotel (that was built in the 1970s) are blocked related to large trees in the Caltrans right of way. The occupancy rate have dramatically diminished in the past 2 years and is down to about 20%. He said there are some blurred lines where lighting at some point becomes signage. He recommended a review of the City's code for updating related to new types of lighting technology used today. He said LED lighting is not mentioned at all in the current City Code and surrounding cities all allow LED, LED/Neon and/or exposed Neon to some degree. He noted staff has received 2 complaints in May of 2010 from residents living behind the Hotel. An investigation was done and it was determined that the LED lights used were labeled LED Neon had a similar effect to neon lights which are banned in the city code so the Hotel owner was advised and at some point the lights were turned off. Then shortly before the holidays the lights were turned back on except the lights directly facing the residential area. He said incandescent lights and individual LED bulbs are allowed in the City Code, but Laguna Hills is one of the few cities that bans Neon from outlining buildings, roofs and/or windows. He gave examples of a variety of shopping centers in OC who use incandescent, LED and/or neon lighting. He said LED is widely used these days because it is so much more efficient than neon, wears better and is in general less expensive in the way it is packaged here but the use of individual LED bulbs is very expensive.

Mayor Pro-Tem Melody Carruth, stressed the 2 complaints from the surrounding community in May of 2010 about the lights and asked why the current code had not been enforced to prohibit the lighting which was clearly visible to the neighboring community and out of compliance at that time and why all residents within 500 feet were not notified re. this issue?
Community Development Director, Vern Jones restated that the lights had been turned off but were turned back on for the holiday season (Thanksgiving to New Years) so at this point the council can elect to enforce a ban on these lights and/or conduct a review of the city code to decide re. the current lighting and during that time residents within 300 feet will be notified.
Council Member Kogerman asked which lights were currently turned off and which are still on? She added that in talking with some of the residents they said they had no problem with the lights on the freeway side of the building.

Planning Agency Public Comments - Mike Mofid, Laguna Hills Citizen and owner of the hotel stated that he acquired this hotel after the previous owners considered abandoning it. He said he invested a lot of money in remodeling it and is now struggling to keep it going in a bad economy. The trees block his signs and he needs the hotel to be seen from the freeway. He stressed that he lives in the neighboring community and wants to be a good neighbor but needs lighting so the hotel will be seen and the type of lighting he is now using consists of of tiny LED (ball shaped) diodes encased in clear thick plastic rope radiating a blue color. He stated his electric bill for incandescent lighting was $25,000 and has been reduced to $8000 with this new type of lighting. In response to a suggestion from Mayor Pro-Tem Carruth he said more subtle uplighting on the building has not worked because the trees block the view of the hotel the color of the lighting is to draw attention to the building but could be changed.

Vivian Stapleton, Laguna Hills Citizen since 1986. She said her family has enjoyed living near the hotel and participated in activities there as recently as over the 2010 holidays. She noted that it is unique and beautiful inside and said she wants the hotel to thrive. She added her concern tonight is for the residents. She brought photos of how the lighting looked in May that showed two large arches outlined in red lights. She said that in May the light from the blue lights penetrated well into her property and into her home. Now with the lights in the back turned off it is better however that strip on the South end of the building still shines into her home and homes of her neighbors. She said last night the North side of the building was fully illuminated one can see the blue tint on the homes when looking up at them. She said she had done some research and noted that the amount of illumination from multiple LED diodes can be more than from single source Neon. She suggested possible hooding of the lights to keep the light on the building but keep the intensity of the light from penetrating outward into the nearby community or possibly use some type of illuminating originating from inside the building. She said she had no problem with the lighting facing the freeway. Related to lighting codes she noted the "Dark Sky" element endorsed by cities such as San Diego that contains light pollution.

Council Member Kogerman suggested moving the Staff Recommendation to amending the code to allow the use of LED Neon and exposed Neon lighting and review the code for updates. She moved Staff Recommendation to Amend the codes as has been done in neighboring cities. She stressed that this hotel has been a long time community/city resource and partner in some years providing $350,000 or more in revenues to the city. She said she likes the look from the freeway and doesn't understand a prohibition against a roof outline in general, if it does not interfere with neighbors. She noted that the new owner has done so much to upgrade this hotel and the result is elegance. She said we need to encourage business without intruding on residents and she believes a solution to that can be found here. She noted that the "Dark Skys" areas were rather rare but has seen some designated areas for them such as in the Anza-Borrego Desert. (*See Dark Sky Sites in CA at www.observingsites.com/ds_ca.htm )

Council Member Bressette offered a motion of - Planning agency directs staff to return with a code amendment allowing the limited use of LED, Neon and exposed Neon signage.
Mayor Pro-Tem Carruth offered her thoughts that the City, rather than asking a hotel to comply with city code is looking at changing the code and added that the lighting on this hotel is too intense.
Vote was 4 - 1 in favor of directing staff to return with a code amendment allowing the use of LED, Neon and exposed Neon signage, with the No vote being Mayor Pro-Tem Carruth
Council Member Bressette added that he believes the code as it is now should be enforced at this time. Council Member Kogerman stated she did not agree as long as the hotel lights that concern the residents are turned off but the lights on the freeway side of the hotel should be allowed to continue as we update the code.
Planning Agency was Adjourned

City Council Administrative Reports - These Items are authored by City Staff
6.2 - Assistant City Manager - A. Comprehensive Compensation Study
Staff Recommendation - City Staff is asking the city council to direct staff to issue a Request for a Proposal for Comprehensive Compensation Study Services. Staff report says there may be a public presentation in May of the results of this study to look at how this City compares with others related to providing reasonable, fair and competitive compensation to its Full Time Employees.

Council Member Kogerman said she opposes this recommendation because she believes we should look at what we have such as realigning our spending priorities related to what many believe to be excessive management compensation before we collect statistics. She said we need to revisit City compensation policies before gathering more information such as our policy that staff should be paid 5% above the average for comparable positions, and our City Manager is the 10th highest compensated City Manager in the State, etc. A new policy that reflects the views of the citizens should be established and then we can seek evidence from the market place after we know what we are looking for. Compensation should be set by City Council not by staff report. A hired consultant is unlikely to recommend that we reduce compensation, and we don't know what the state has in store so now is the time to be especially prudent. She said staff gathering this information could use it in future negotiations so it is wrong for taxpayers to pay for what is essentially a negotiating strategy. She noted that she did this research just one year ago and would share it as a base of information to be augmented as needed. Mayor Pro-Tem Carruth stated we have a public perception problem with people really angry and suggested a consultant to gather the information. Council Member Bressette said understanding compensation throughout CA. is important and agreed with having an independent professional to collect this information. Council Member Lautenschleger stated 28% of our budget is allocated to personnel costs and agreed with hiring a professional. Mayor Songstad agreed with hiring a professional.
Vote - Passed 4 - 1 in favor of hiring a professional to do the study with Council Member Kogerman being the NO vote.

6.3 Public Services Director/City Engineer - A Establishment of 3 no Stopping Anytime Zones on Via Lomas St. Residents were notified and there were no speakers for public comments. Vote - Passed 5 - 0

6.4 - Deputy City Manager/ Community Services Director David Reynolds presented this item.
Staff Recommendation - Authorize the Mayor to execute a Consulting Services Agreement with SIRE Technologies for agenda management software and web-based access to AUDIO RECORDINGS of City Council Meetings for the not to exceed cost of $58,145 and an annual software and web-based license and maintenance agreement for agenda management software and web based access to audio recordings of City Council Meetings for $7,799 annually. Also appropriate $69,371 of the COX CAPITAL GRANT from designated reserves to the General Fund to implement this project.

This new software will reportedly allow the public to listen to (not view) all council meetings with the ability to listen to specific sections of a meeting without listening to the entire meeting. The staff report states the hosting cost to the city for audio only recordings is $200 per month vs. $400 per month for Video vs $500 per month for live web-streaming. The report also states that other cities have spent hundreds of thousands of dollars to retrofit their council chamber as a TV broadcasting studio. Fiscal Impact of the audio method and updating of the computer system is estimated to be about $69,000 with annual maintenance fees of about $8000.

Council Member Kogerman stated she has heard good things about SIRE Software but would like to add video just using the wide range camera already in place in the council chamber since many citizens have requested video streaming with the same type of anytime access that is being proposed here. Deputy City Manager/ Community Services Director David Reynolds noted that the purpose of the camera in the chamber is closed circuit TV so could follow any action and to add this would exceed the Grant money and impact the General Fund. Therefore staff recommends testing the video system to see how much interest there is prior to spending additional funds. This will not be a live stream audio broadcast but an anytime access after the fact. He stated adding video later would not be duplicating costs. Council Member Bressette asked since web and video streaming were major projects for the city council weren't they included in the current biennial budget? The answer was NO. There was more discussion then agreement on audio coverage with a report from staff on adding video to use for the next budget discussion.
Vote 5-0 in favor of Audio Coverage of the City Council Meetings
(Editor's Note - This audio system will require every Mayor to remember to clearly announce the name of every speaker prior to calling on him/her including council members and staff, and to announce the result of each vote including who voted for and against every issue. We also have long noted that council members and any other speakers who do not consistently lean forward to speak into their microphones and do not speak clearly are not well heard or understood so this will be a significant task for them to master especially in the beginning, but if done properly this could be a step forward for Transparency and Accountability in Laguna Hills. Hopefully a much improved sound system added to the council chamber is included in this effort. )

Other Business - These Items are authored by Council Members

7.1 - Memorial Day Half Marathon Community Event and 3/5 Battalion Fund Raising Opportunity (from Council Member Carruth)
Staff Recommendation - Council Direct Staff to Coordinate a 3/5 Marine Battalion donation option with the Memorial Day Half Marathon event promoter and the 3/5 Adoption Committee. Mayor Pro-Tem Carruth asked that a 3/5 Marines donation option be provided for each individual registered to compete in this event to assist in funding the $3000 contribution that is needed for the Marines to attend the Marine Corps Birthday Ball when they return from Afghanistan. Vote was 5 - 0 in favor.

7.2 - Amendment to City's Municipal Code re. annual update and posting of the Public Official's Compensation Report on the City's Web Site (from Council Member Kogerman) to modify the content and presentation of information contained in the City's public Officials Compensation Report. To include: an easily understood spread sheet format, postings by title not name of salary, bonuses, Sec. 457 deferred compensation, CalPERS Contribution, Premiums for all health care Ins., increases in salary to cover health ins. premiums, City Manager's Term Life Ins., Grp. Life Ins., Physical exams, Auto expenses including vehicle payments, repair and maintenance, gasoline, and misc., Cell phone equipment and usage, Toll Rd. fees, In-home Computers, Moving Expenses, Dues and Subscriptions, Travel and Meetings, Payouts for Unused Vacation, Individual Life Ins. Premiums, Medicare employer and employee contributions, Additional Vacation Days granted as a bonus, Amounts taxable to Employee, Amounts of Cost to City, Administrative Leaves, Real Estate Loans, Forgiven Real Estate Loans, Equity Share Agreements, Compensation for additional Positions, Dollar figures provided for the most recent fiscal year, a chart provided for each City employee making or exceeding $100,000 annually, and a separate narrative section to describe an employee's background, education and responsibilities.

There was a lengthy discussion between Council Members Kogerman and Bressette re. specific compensation items to be included in Items 7.2 and 7.3. Council Member Bressette emphasized that his intention was also to make the report to the point, understandable, easy to find and read for every job title. Bressette wanted names attached but Kogerman originally did not, and Council Member Bressette wanted this information presented in a tabulated format. Council Member Lautenschleger again stated he felt they have already been pretty open about this whole issue and agreed with keeping the narrative in this as further explanation re. amount of compensation. City Attorney Greg Simonian suggested Kogerman and Bresette could form a temporary ad hoc committee without violating the Brown Act to work this out between the 2 of them serving as an advisory committee to the whole city council and Mayor Songstad suggested, to move this along, that staff prepare a 1st reading of this ordinance, with the information requested here, for the council members to examine and work from there to decide if more needs to be done. All parties then agreed to Mayor Songstad's suggestion to look at the report when it is brought back on Feb. 8 and see if it is complete enough for the council. City Attorney Greg Simonian stated one the city council agrees on what this report should look like, then it is simply an administerial task for the council to direct him to revise the municipal code to get that uploaded onto the web site as a matter of local law.
Vote was 5 - 0 in favor of information from Items 7.2 and 7.3 to be presented to the council on Feb. 8 for a 1st Read
**Editor's Note - We also recommend keeping organized records of all expenses submitted to the City by all employees and Council Members for reimbursement and an Internal Audit of records of all expenses presented for reimbursement from Staff and Council Members. There is currently no internal audit system for reimbursement of expenses including the City Manger's expenses. We also recommend stating who actually pays the employee and employer contributions for each category listed in Item 7.2 above where employee and employer contributions are involved.

7.3 - Amendment to City's Municipal Code (from Council Member Bressette) - direct City Attorney to return to Feb. 8, 2011 City Council Meeting with 1st read of Ordinance amending the City's Municipal Code to direct the City Manager to amend the content of the "Public Official's Compensation Report" to add "At a glance" tables detailing salary and benefit information for the City Council and Management staff to include all the total compensation items in the existing report plus unused vacation buyouts, unused sick leave buyouts, taxable personal use of a city-owned vehicle, taxable personal toll-road fees, and employees Medicare contributions paid by the employer.

7.4 - Amendment to City's Municipal Code re. Acquisition and Budgeting of the City Manager's Contractually Authorized City Vehicle. (from Council Member Bressette) Direct the City Attorney to return to the January 25, 2011 City Council meeting the 1st read of an ordinance to add the following: Notwithstanding anything in the code, the acquisition of the City Manager's contractually authorized vehicle shall be budgeted for as a separate item in the biennial budget in which the vehicle is acquired, and shall require the City Council approval before acquisition. Staff report states, as currently states the authority to lease of purchase is ambiguous and has not always been subject to City Council oversight.
Mayor Songstad asked City Attorney Greg Simonian how this would fit with the City's newly reworked Purchasing Agreement. City Attorney Greg Simonian announced that the newly completed amended and restated Purchasing Agreement for the City includes this information so passing this would be redundant at this time. Council Member Bressette agreed to withdraw this item until he reads the new Purchasing Agreement to see if this will still be needed.

7.5 - City Manager Employment Contract (from Council Member Kogerman) - Council direct the City Attorney to prepare a written report explaining the provisions of the current City Manager's Employment Contract, opportunities for modifications, and potential consequences of actions that might be considered by the City Council to be brought back at a future Council Meeting.
Council Member Kogerman explained that this is a complicated and tricky contract that requires a lot of explanation that the citizens want to better understand. It is very difficult to understand and she added that we have never asked the city attorney to explain it to us. She acknowledged that we have an Contract Attorney on the council but that she is asking the City Attorney for a confidential report explaining the provisions. City Attorney Greg Simonian explained that although the City Manager's Employment Agreement/Contract is Public Record, but the legal opinion he brings back to the council about the City Manager's Contract is protected by the Client Attorney Privilege as are all legal opinions brought back to the council until such time as the city council should choose to release that privilege. He further suggested that the council review his opinion before deciding whether or not to release that privilege because once the client attorney privilege is waived for one purpose it is waived for all purposes.
Vote was 5 - 0 in favor of asking the City Attorney to prepare this confidential opinion and bring it back to the council on Feb. 22, 2011.

Public Comments - None

Matters Presented by Mayor & City Council Members -

Council Member Lautenschleger reported on the recent SCAG Meeting he attended. He discussed that they are forming a committee on Regional Housing Needs Assessment and how that will affect the cities.

Council Member Kogerman reported on recently going with the City's Sheriff's deputies for 2 hours to experience a 5 hour Sobriety Check Point. There were several arrests and 3 vehicles were towed. She said it was a very interesting and informative evening and she noted that Sheriff's Deputies really like Crispy Cream. the new Laguna Hills new Bagel Restaurant across the street from the High School "Latte Da Bagles" provided coffee. She also attended a South Orange County Seniors meeting and learned that Orange County has the highest growth rate of seniors in the State of CA. People the population of people over the age of 60 id expected to increase by 64% increase in Orange County between 2005 and 2020 and in this same time frame the population of citizens 85 and over is expected to increase by 26%. In Laguna Hills the expectation was for a 15% increase in population over 65 between the years 200 and 2010. So we are an aging population and this is a good time for the city to get more involved with issues re. services to seniors.

Closed Session -
9.1 - Conference with Real property Negotiator re. Lease for office in City Hall.
9.2 - Public Employee Performance Evaluation - City Manager - Annual Performance Evaluation.

Next regular City Council Meeting is January 25, 2011 at 7 pm, City Hall plus there will be 3 PUBLIC BUDGET WORKSHOPS held on March 15, April 19 and May 17 and a PUBLIC HEARING on the City Budget in June.

================================
City Council & City Manager Report Card - #1 for 2011

Categories - (T) Transparency for Citizens, (A) Accountability to Citizens, (CI) Championing Citizen Related Issue, (AG) Achieving Citizen Related Goal
Grades - (P) Pass (A) for Authoring a Citizen Friendly Item (F) Fail (A+) Extra Credit
City Manager will be scored related to online and agendized Staff Reports and Requests

Bressette - A+ (AG) - Worked actively with Citizens & Achieved ongoing Support for City's Adopted Marines, P (CI) Rescued the City Survey from passing into oblivion and asked for alternative to continue it. P (CI) Voted to continue the Citizen Survey, P (CI) Voted for fund raising opportunity for City's Adopted Marines. A (A&T) Authored request for updating and clarification of Public Official's Compensation Report P (A&T) Voted for updating and clarification of Public Official's Compensation Report A (A&T) Authored Request to make changes in Acquisition and Budgeting of City Manager's Vehicle and wisely will delay but not drop this item until he checks, and hopefully lets us know, if this issue is adequately addressed in the newly updated City Purchasing Policy, P (A&T) Voted for Review and Explanation of City Manager's Contract
Total = 1 A+, 2 A & 5 Pass
Carruth - A+ (AG) - Worked actively with Citizens & Achieved ongoing Support for City's Adopted Marines P (CI) Voted to continue the Citizen Survey, A (CI) Authored Useful Opportunity Idea for additional support for City's Adopted Marines, P (CI) Voted for fund raising opportunity for City's Adopted Marines. P (A&T) Voted for updating and clarification of Public Official's Compensation Report, P (A&T) Voted for Review and Explanation of City Manager's Contract Total = 1 A+, 1 A & 4 Pass
Kogerman - A+ (CI) Refused City's Cadillac Health Ins. Plan for Part Time Council Members & elected to enroll in a less costly retirement plan for seasonal part-time employees, P (CI) Voted to continue the Citizen Survey, P (CI) Voted for fund raising opportunity for City's Adopted Marines, A (A&T) Authored request for updating and clarification of Public Official's Compensation Report, P (A&T) Voted for updating and clarification of Public Official's Compensation Report, A (A&T) Authored request for Review and Explanation of provisions of City Manager's Contract, P (A&T) Voted for Review and Explanation of City Manager's Contract
Total = 1 A+, 2 A & 4 Pass
Lautenschleger - P (CI) Voted to continue the Citizen Survey, P (CI) Voted for fund raising opportunity for City's Adopted Marines, P Voted for updating and clarification of Public Official's Compensation Report, P (A&T) Voted for Review and Explanation of City Manager's Contract Total = 4 Pass
Songstad - P (CI) Voted to continue the Citizen Survey, P (CI) Voted for fund raising opportunity for City's Adopted Marines P Voted for updating and clarification of Public Official's Compensation Report, P (A&T) Voted for Review and Explanation of City Manager's Contract Total = 4 Pass

City Manager - F (A) & (T) & (CI) Staff placed Item 4.7 - 2011 Citizen Survey - Staff Recommended that the City Council eliminate the 2011 Citizen Survey. This recommendation was made in the Consent Calendar where this potentially valuable tool for Citizens could have been eliminated without discussion and without citizens knowing about it. Staff presented no alternatives for continuing the survey or for making it a more valuable tool for citizens. This failed in the categories of Accountability, Transparency and Championing a Citizen Related Goal.
P for Deputy City Manger David Reynolds efforts to acquire what is apparently a very good Agenda Mgmt. Computer Software Company to begin Audio Recordings for the City Council Meetings and make the City's computer system more citizen friendly.
Total = 1 Fail and 1 Pass
*Editor's Note - In rating the Staff it is important to remember that everything they do is subject to the scrutiny of the City Manager, so we can only rate the City Manager.

We have no idea if citizens are interested in listening to Audio Recordings of City Council Meetings so if this is not a giant step for Citizens it is at least a step forward for the City Council and Staff, so we gave it a tentative Pass rating. The Laguna Hills Watch Dog can never publish every word from council meetings and the official minutes are edited so Audio recordings, if not edited, will give citizens a chance to listen to every word from any item of interest to them.

We did not rate the staff's request for a Comprehensive Compensation Study at taxpayer expense. We agree with Council Member Kogerman that staff should be responsible for gathering information to plead their case if they believe they are being undercompensated. However, Council Member Kogerman, the newspapers and the LH Watch Dog concentrated on the compensation of the City Manager and Assistant City Manager so if there are issues with the compensation of the rest of the staff that should surface in a study like this and Citizens should have that information to plan for the future. So we decided to call this issue a wash and not give it a pass or fail but hope that the "independent" expert they choose to do the study will be impartial. Since we already have multiple independent opinions on the compensation of our City Manager related to a small built out contract city we will be able to use that information as a litmus test for the overall impartiality of the results from this study.

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

New Council Member refuses Cadillac Health Insurance Plan from Taxpayers and takes lesser retirement benefits
Please be advised that I have elected to opt out of the PERS Retirement System and any and all medical insurance benefits offered by the City of Laguna Hills to part-time City Council members. I had been told that City Council members of a certain age had no option but to elect full insurance benefits from their city in lieu of Medicare Parts A and B, but I have discovered that is not the case. Therefore I will not accept any retirement or medical benefits from the City of Laguna Hills that are provided to City Council members. I will accept the monthly stipend of $623. I challenge all Laguna Hills Council Members to do the same. Barbara Kogerman, Member, Laguna Hills City Council OCREGISTER: Laguna Hills councilwoman says no to health benefits
http://www.ocregister.com/news/city-282972-benefits-council.html

Reactions of the other Council Members re. their Health Care Plans
The recent revelation regarding medical insurance payments for the Laguna Hills City Council members and their dodging and weaving when asked by The Orange County Register about those exorbitant city-paid premiums brings up some interesting and revealing points:

· Council members Randal Bressette and Melody Carruth said they plan to keep the medical benefits and CalPERS retirement benefits through the city. I believe council member Bressette is retired Navy and as such would have continuing medical coverage, and retirement benefits. Council member Carruth, being the spouse of a managing partner of a very prestigious law firm, should be provided more than adequate spousal coverage through the firm.

· Councilman Joel Lautenschleger said he may opt out of the city's medical benefit plan to enroll in Medicare. Strange that when councilman Lautenschleger was asked some time ago why he did not enroll in Medicare he indicated that it was not possible for him to do so.

· Mayor Allan Songstad said he intends to opt out of the medical benefits the city offers. He said he didn't realize how much it was costing the city. I guess it’s just too much to expect those who have the responsibility for spending public funds to have knowledge of the amount they are spending ……..especially when it is on themselves!

Congratulations to council member Barbara Kogerman for opting out of the city paid medical plan. She is making good on her campaign promises. As the motto of the French Revolution was Liberty Equality Fraternity: the motto of the Laguna Hills Revolution is (or should be) Transparency Accountability Frugality. A Concerned Taxpayer

Opportunity to HELP RETIRE DEBT from TERM LIMITS CAMPAIGN
** New Council Member Barbara Kogerman has stated that she is still in debt for $4000 for the Term Limits Administrative and Legal Expenses. We know now that this campaign was hugely successful and something the citizens really wanted but also know, related to years of talking about it with no action taken and only one council member in favor of it, that we never would have accomplished it without Barbara's help, so if you would like to donate to help her retire that debt you can send donations to the Laguna Hills Term Limits Committee (ID # 1323046) at 25231 Mawson Drive, Laguna Hills, CA 92653 for forwarding to the campaign treasurer. The law requires that everyone include name, address, occupation and employer (or "homemaker" or "retired").

Will the appointment of Songstad as Mayor throw the City back to the past?
In response to Council Member Melody Carruth's statement, in the December 14 Laguna Hills Watch Dog, I want to say that as a long time supporter of Melody I never thought I or anyone else would be challenging her support for one of the old council majority. A columnist in the Orange County Register Newspaper, Jay Ambrose, said today "Use 2011 as a good excuse to shed the past and put on the future." That made me think more about how Melody nominating and the council electing Allan Songstad as the Mayor for 2011 deprived the citizens of "putting on the future". In a year when the citizens of Laguna Hills overwhelmingly voted to "shed the past and put on the future," the incumbent council members threw us back to the past in the name of "taking turns" and "the right thing to do for the City of Laguna Hills". This appears to be more of a convenient thing to do for the council members and/or a trading of favors rather than the right thing for the City. The right thing for council members to do would have been to LISTEN TO THE CITIZENS they were elected to serve! The other thing that occurred to me was why was this decision about who would be Mayor planned in advance and not discussed publicly at the city council meeting on December 14 for citizens to witness and respond to in Public Comments prior to the decision being made? One of Many Deeply Disappointed Citizens

Was a Trust or a Fiduciary Responsibility to the citizens violated by the City Manager's 2003 revised Contract?
Have you read the City Manager's Contract lately? I can see the headlines now, “DEFEATED LAGUNA HILLS CITY COUNCILMAN CRAIG SCOTT LEAVES LASTING PRESENT FOR THE CITY.” Was this a breach of Trust? Mr. T.

Citizen who studied City Manager's Contract calls it "POISON PILL".
I find it very interesting that one City Council can force the next one to keep in place the City Manager of their choosing for something beyond a reasonable term - like 6-months. Melody Carruth's use of the term "golden handcuffs" is totally misused. "Golden Handcuffs" are incentives that keep an executive from leaving, not prevent their termination "Golden Handcuffs" are things like making part of a manager's bonus payable into the future. Or having stock option grants vest over 5-years into the future. Check the Internet there is no definition of "Golden Handcuffs" that corresponds to Melody's. What this employment agreement is, is a "Poison Pill" strategy. A "Poison Pill" is a defensive strategy that makes it as expensive as possible for future governments to make a change. What if other contracts looked like this one? What if every contract the city had with a vendor said, unless you continue to use me in the future you owe me $50,000 or $500,000? No one would tolerate such. Why should we tolerate such when our 20-year City Manager is involved? He should be an "at will" employee.

I think at least some City Council members violated their fiduciary responsibility in approving this employment agreement. A fiduciary acts on behalf of the City and the people that they represent. A fiduciary does not have a conflict of interest. A fiduciary has a responsibility of care for the assets and rights of others. A fiduciary must act in the interest of the City rather than the council member's personal interest.

As our fiduciary how can yesterday's City Council really deem one City Manager to be so indispensable that they sign a contract making it extremely expensive for a change to ever be made - EVER BE MADE! Our City Manager is guaranteed a Severance Package by the actions of a prior Council. - FOREVER. THIS AGREEMENT CAN'T EXPIRE. Some kind of employment contract might make sense if we had just recruited our City Manager and he had relocated his family and quit a job to take ours. But this agreement was put in place after our City Manager had accumulated many years or service, accrued vacation days, deferred compensation, accrued sick days and guaranteed retirement benefits. Does he really need $300,000+ in additional compensation if we ever dare to question the terms of his employment?

I think someone needs to forward a copy of the agreement, pointing out the automatic renewal clause and the prohibition on City Council reconsideration within 6-months of any election, to the State of California Attorney General. Compare this agreement to the one the City of Palos Verdes Estates has with their City Manager:http://www.palosverdes.com/rpv/citycouncil/agendas/2007_Agendas/MeetingDate-2007-03-06/open_agenda.cfm?id=RPVCCA_SR_2007_03_06_19_CM_Employment_Agreement_Staff_Report.cfm

and ask yourself which CITY had better legal representation? The City of Laguna Hills' agreement looks like no one was representing the interests of the city. Bill Enholm

**Editor's Note - To go directly to the Laguna Hills City Manager's Contract to view and/or print a copy use this link:
http://www.ci.laguna-hills.ca.us/civica/filebank/blobdload.asp?BlobID=3262

Don't forget web streaming of Council Meetings
I think we really need to push on getting the meetings broadcasted. You "hit the nail on the head" when you said "...monitor the actions of the council". I don't know what the Watchdog circulation is but I suspect "we" need to reach out to more citizens. So many people are saddled with jobs and kids that they cannot possibly attend the meetings. Concerned Citizen

A City Leader Position is an Opportunity to serve not long term employment
I recently found your Watch Dog blog, very informative, insightful and source of follow up facts and links. I will continue to encourage our City leaders to contribute to our community, then step aside and let other interested citizens have an opportunity to serve….the city is not and should not be a place of employment, rather a place to serve. The concept of career politicians, which has invaded all our cities, states and federal governments, has gotten us into the mess we are in, so lets try something different, something that our founders truly envisioned. Long Time LH Resident

* How to support the 3rd Battalion, 5th Marine Division Adopted by the City of Laguna Hills
You can e-mail Mike Bland at 35bland@gmail.com with questions, suggestions, for information, about donations, etc. and the city e-mail for the 3/5 is 3/5-support@ci.laguna-hills.ca.us The City Clerk Peggy Johns is the City Liaison to the 3/5 Support Committee. Go to the City web site at http://www.ci.laguna-hills.ca.us/

Since the Support Committee was reestablished the following has occurred:
1. Name change to "Laguna Hills Team DARKHORSE"
2. Committee meetings have been held and the Team now consists of over 30 very caring and supportive individuals.
3. The Committee has mailed over 24 boxes of school supplies to the 3/5 in Afghanistan for the Marines to give to Afghan children to use in their schools. Paper tablets, pencils, erasers and crayons were sent to assist the children in receiving an education and to establish good will between our country and the Afghan people.
4. Project "Sock it to the 3/5 Marines" has resulted in enough donations so far for the committee to send 470 packs of 3 pairs of socks for the 1000 Marines in Afghanistan.
5. Project "Toys/Gifts for the 3/5" The committee delivered over 600 toys/gifts on December 20th to Camp Pendleton.
6. 3/5 Banner was hung at the Laguna Hills Community Center showing the City's support for the 3/5.
Team DARKHORSE information sheet was established as a ling to the City's web site.
7. More than 100 hand made Valentines were created and are being sent soon to the Marines for Valentine's Day in Feb. These were made by high school math students and friends of Laguna Hills Residents Jonathan and Valerie Bromberg using "math terms" to very creatively express their greetings and their thanks to the Marines. They are priceless and so interesting to read!! These kids did such a great job and also gathered and donated all kinds of great snacks and other item including hand warmers to be sent as well. The Committee thanks the entire wonderful compassionate and very responsive community so much for all that has been accomplished to date!!

* News Stories and Blogs about Laguna Hills:

OCREGISTER: Laguna Hills councilwoman says no to health benefits
http://www.ocregister.com/news/city-282972-benefits-council.html

O.C. cities lavished health benefits on council members
http://taxdollars.ocregister.com/2010/12/06/oc-cities-lavished-health-benefits-on-council-members/69544/

Vote! Should part-time councilfolk get full-blown benefits?http://taxdollars.ocregister.com/2010/12/06/vote-should-part-time-councilfolk-get-full-blown-benefits/69750/

Who has the best-paid city council in California? (updated)http://taxdollars.ocregister.com/2010/12/02/who-has-the-best-paid-city-council-in-california/69418/
In Laguna Hills the Taxpayers pay the entire cost of heath care premiums for the elected part time city council members and their families. In addition, the City Manager's contract states "To the extent that payment of all or any portion of the dependent rate of premium, is not approved by the city council for all city employees, Channing shall be entitled to a salary increase or cash payment sufficient to cover the amount of premium or rate for dependent coverage not provided by the City plus applicable income taxes on that amount."

OCREGISTER: Kenneth Frank: In defense of city managers
http://www.ocregister.com/opinion/city-277030-manager-laguna.html
"Citizens, in turn, must do their part to foster civic pride. They should demand that city council and planning meetings be televised and streamed online. And they need to become involved. In Laguna Beach, we have numerous homeowners associations and environmental, business and labor groups that encourage the exchange of ideas and enhance the interactivity between residents and elected officials."

OCREGISTER: Chris Norby: Local officials susceptible to 'Bell syndrome'
http://www.ocregister.com/opinion/elected-276253-city-syndrome.html
"Bell syndrome thrives where elected boards vote in lockstep, where groupthink is elevated, and skeptics are ostracized, and where top staff are seen as irreplaceable experts – with rubber-stamped salaries to prove it. Bell syndrome thrives when self-congratulation trumps self-examination."

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

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

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

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.

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 unless you change members of the city council.

August 19, 1994 - LHCC Member Allan Songstad - From the Los Angeles Times Newspaper Article Collections - Orange County Focus August 19, 1994 LYNN 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" 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. Weekly Crime reports in Laguna Hills By CLAIRE WEBB, THE ORANGE COUNTY REGISTER http://www.ocregister.com/news/block-281462-report-drive.html See a map of all crime calls in the city in the past 24 hours by visiting ocregister.com/lagunahills The blotter was compiled by Claire Webb and consists of selected items from the Orange County Sheriff's Department web site, ocsd.org.
There is more information at http://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.

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. http://www.sigalert.com/map.asp?Region=Orange+County#lat=33.69964&lon=-117.80006&z=1

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