Laguna Hills Watch Dog

Oct. 25, 2011 - Laguna Hills City Council Meeting

All Council Members were present

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City Council Meetings are now recorded in Video and Audio on the City Web Site. - Continue to see information for Win-Win -Wednesdays under - INFORMATION, COMMENTS QUESTIONS and CONCERNS from Watch Dog Readers, Contact Laguna Hills City Council Members at - ccouncil@ci.laguna-hills.ca.us 

HEADLINE - ** Political Retaliation from ACC-OC after OC City Managers' Compensation Study?  Dog License Campaign Update -Truth or Fiction?   Holiday Toy and Gift Collections for Laguna Hills 3/5 Marines begins at City Hall.  Traffic on Mustang Drive. 

PRESENTATIONS and PROCLAMATIONS - None

PUBLIC COMMENTS - Mike Bland, Chairman of Laguna Hills Adopted 3/5 Marines Support Committee called Win Win Wednesday's Meg Gorham to the podium to report that she and Teresa Bonutto had done a great deal of work in collecting items for the baby shower for the Marines and in collecting gowns for the Marines wives/partners who could not afford them. They collected more than 70 gowns in less than 2 weeks and delivered them to Camp Pendleton. They and some members of Teen Darkhorse also served as baby sitters for the parents at the Marine's Collective Baby Shower. Mike thanked Meg and Teresa and thanks to all the wonderful citizens who contributed. He thankedCanyon Vista Elementary School in Aliso Viejo for collecting large containers full of baby gifts for the Baby Shower.

He announced that this Thursday is Jane Wayne Day at Camp Pendleton, Council Member Kogerman, Mav Bressette, Teresa Bonutto and several other women and a couple of men who have helped support the Marines, including Mike and a man from The Hills Hotel, that has been so helpful to the 3/5 Marines, will be put through rigorous activities acting as Marines that day. Mike predicted they will look a lot different at the next council meeting after their day as a Marine. Mike also asked if he could place the first Holiday Toy and Gift Drive Collection Box in the Lobby of City Hall last night because the Marines Christmas Party is Dec. 2 this year because many of the Marines are going to be sent away for training the next day. There are 305 children in the 3/5 Battalion now. He said we will be working with Mariner's Church this year for the Christmas Party. The toys and gifts collected will be transported to Camp Pendleton on Nov. 27 so Nov. 26 will be the last day for collections. Mike also thanked Chris Boucly from the OC Register Newspaper for his mention of asking for Residents to host a Marine for Thanksgiving Day and noted that there was a good response so far from several cities. Mike concluded by noting and showing a photo of the Monkey Pod Bar and bar stools that literally traveled around the world in the military and was recently donated to the Marines by Laguna Hills resident Evan Gost in memory of the fallen soldiers.

LHHS STUDENT LIAISON REPORT by Kylie West (alternate Jeena Bonutto). - Kylie said LHHS beat San Juan Hills last Friday in the Homecoming game 42 - 0 and remains undefeated. ASB did an incredible job with the the Home Coming Dance on Sat. It was a really good one with activities and safe for everyone. Red Ribbon Week is this week featuring a presentation on Thursday and Friday from the executive director of Northcom about the effects of drugs on the body. There is a Parents Night tonight to educate parents on what their kids are exposed to. Win Win Wed. is at On the Border this week and there is an alumni mixer also on Wed. from 5 to 7 pm. The Hawk Challenge still needs participants and should be a lot of fun for golfers or for those who just show up for the auction and the dinner. Girl's golf finished 2nd in the league with an overall 9 to 6 record. The Marching Band and Color Guard are 2nd place overall plus the Color Guard received a 1st Place. Drama Program is presenting a comedy about the fragile shell of sanity - The Curious Savage Nov. 3 - 5. and a murder mystery - Till Death Do Us Part on Nov. 15 - 16. The Hawkeye School Newspaper came out with its first issue last week and Kylie is the Editor and Chief. Council Member Kogerman suggested LHHS distribute it's newspapers at realtor's offices and other places where people might want to learn more about the City.

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 approved for publication until the next city council meeting.

CONSENT CALENDAR - Warrant Register = $1,322,959.26
Items of interest from the Warrant Register - None

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

4.3 Traffic Conditions on Mustang Dr. - Staff recommends that the Council approve Yellow "Skip" Centerline Striping along Mustang Dr. from Nellie Gail Rd. to Appaloosa Place.
Traffic Commission Meeting on July 20, 2011 resulted in a survey of residents for feedback on a proposal for the centerline striping to be used to reduce traffic speeds along Mustang Dr. Staff says there was a 58% response to the survey with the majority of those responding in support of the centerline striping. Surveys were sent to 38 residents along Mustang Dr. 22 responses were received = 58%. 17 residents agreed there is a speeding problem and 3 disagreed. 13 residents supported the centerline striping and 9 opposed it preferring stop signs, or speed bumps and added that center striping is not visually appealing and the street is to narrow for centerline striping due to on-street parking. The traffic Commission approved the centerline striping on Sept. 21, 2011 and the staff report states staff believes the yellow striping should assist in reducing the prevailing speed by giving the illusion of a narrow roadway. Based upon speed survey results from June 2011 along Mustang Dr. it was determined that the 85th percentile speeds slightly exceed the City's standards for acceptable speeds in a residential neighborhood with a posted speed of 25 MPH.

Fiscal Impact to the City = about $750

4.4 Measure M2 Environmental Cleanup Allocation Program - ECP - Staff received a $61,950.00 grant from OCTA for the installation of retractable catch basin screen on 69 catch basin locations throughout the City. Fiscal Impact to the City - Debris gate work has been proposed in the amount of $65,000 and cost for inspection and maintenance for a 10 year life span is $29,108. These costs will be used as the City Match for the project. Staff Recommendation - Receive and file this report.

4.5 Progress Payment for Energy Efficiency Project - Staff is asking for a progress payment plus a change order for $4.518.80 in the net amount of $95,785.20. Staff report states during the course of the work it was determined that modifications were necessary to fit the new equipment to the existing building as extra work. Therefore, Contract Change Order No. valued at $4,518.80 is proposed for approval. Staff Recommendation - Approve the contract change order No. 1 and Progress payment No. 2 in the net amount of $95,758.20

4.6 Progress Payment No. 7 for La Paz Road Widening at I-5 for $196,243.97

4.7 - Agreement with City of Lake Forest for shared use of the Laguna Hills Central Traffic Control Server. This is part of the Traffic Light Sync. Program. Lake Forest has agreed to pay to utilize a portion of the extra capacity of the Laguna Hills central traffic signal control system and incur any costs related thereto.

4.8 Dog License Campaign Update - Staff states the City's campaign was successful with the number of dog licenses increasing by 22% over a 2 year period including an 18 mo. campaign of public outreach, including a one time license amnesty period and a 13 week license canvassing program at the end of the 2010 fiscal year. Staff says the cost to the City was $11,824 for 520.75 hours of canvassing, the canvasser sold 654 licenses and generated $38,390.50 in revenue. The cost per hour was $22.71 compared with the revenue generated per hour of $73.72.

(Editor's Note - ** From the 8-25-09 Laguna Hills City Council Meeting the staff report said - The new dog license canvassing program is to include 1 full time canvasser for $40,000which should provide $53,000 in additional revenue initially and going forward should produce $36,000 annually.)

Numbers in the Staff's online report for the Dog License Campaign update are:

Type of Dog License - Unaltered - In Aug. 2010 = 317 sold - Aug. 2011 = 381 sold

Type of Dog License - Altered - In Aug. 2981 = 2,777 sold - Aug. 201 = 3,379 sold 

Total licenses sold - Aug. 2010 = 3,298 sold    and    Aug. 2011 = 3,760

(Editor's Note - The City's logic is not supported here by documentation. According to the online city staff report numbers, the increase in dog licenses between Aug. 2010 and Aug. 2011 was 462, and the City credits the canvasser with selling 654 licenses or (50+ licenses per week/10+ licenses per day assuming he/she worked 5 days a week) in the last 13 weeks of 2010. That would have been highly improbable selling dog licenses door to door on week days. The City offers no documentation to support that the Canvasser sold 654 dog licenses or how many of the licenses sold were for previously unlicensed dogs. Because dog licenses expire every year many people renew them on their own, and people with new dogs get new licenses as well, through the mail, online or in person. If a canvasser is at the door it may be more convenient to buy from the canvasser but the purpose of the canvassing was supposed to be to substantially increase dog licensing compliance not to increase convenience, at taxpayer expense, for people who already have convenient methods of licensing their pets.

The City paid the license canvasser $11,824, to date, and wants to pay at least that much again for more canvassing. The City claims an estimated 58% dog license compliance in 2011, (up from 48% in 2009) which is barely above half (even though the City keeps finding ways to decrease their estimates of the total number of dogs in the City). - Staff says - they estimated the number of dogs in Laguna Hills to be 7,417, then using an updated formula currently used by the Orange County Animal Shelter they decreased their estimate to 6,462. The Staff Report concludes that because this campaign was so successful they will continue another 13 week license canvassing effort this fiscal year which they expect will reach a license compliance rate of 68%.

There are some important things the City failed to mention about the County Animal Shelter.

1. The last City contract with the Orange County Shelter we read states canvassing is included in the service provided yet the City is hiring a canvasser to get that job done.

2. Excerpts from the Orange County Grand Jury Report of June, 2008 note that:

A - The County’s current shelter was built in 1941 to serve a county of 200,000 people – about the population of Huntington Beach or Irvine today. For decades, efforts to build a new shelter have failed.

B - A caveat concerning animals brought to the County Shelter is that they have less than a 50/50 chance of survival because, if not adopted within a short timeframe, they may be euthanized. In 2007, 13,000 animals were euthanized at the Orange County Animal Shelter. This number will continue to grow because the number of animals in the county increases each year.

C - A large percentage of the animals euthanized was due to lack of space at the County Shelter.

D - The policies and location of the County Animal Shelter are major issues with pet owners residing in South Orange County. The primary concerns of people in that area are:

The distance from South County to the present County Shelter
The County’s euthanasia policy
Adequacy of field service (such as service calls, animal retrieval)

E- Even if the new site in Tustin is approved, it may only be able to handle an increase in the animal caseload for a few years unless the pet population tsunami is stabilized or reversed. Based on county records and growth rates, according to OCAC, the future animal population projections would put the new shelter at maximum capacity in about five years.

3 - In 2006 Laguna Hills turned down an opportunity to share the Mission Viejo Animal Shelter because they didn't want to pay more for better services. One of their arguments was that the Mission Viejo Shelter's Services did not include CANVASSING. However, the Mission Viejo Animal Shelter's licensing fees of $50 for unaltered dogs and $20 for altered are lower than the County Shelter's fees of $100 for unaltered and $24 for altered dogs and coupled with providing much better services they gain better compliance without canvassing. ** Aliso Viejo took the spot at the Mission Viejo Animal Shelter that had been offered to Laguna Hills.

The City says the cost of Animal Care Services has decreased by about $37,416 or 54% since the start of the dog license campaign and the City believes 10% of this reduction can be attributed to the 39% reduction in animal shelter days over the past 2 years not including the cost of the canvasser.

(Editor's Note - The City fails to say that poor services, high fees, and high euthanasia rates at the County Animal Shelter decrease the cost to the City for animal care services because many citizens in Laguna Hills work hard to track and return lost and found pets for neighbors to keep pets away safely from the County Animal Shelter. Another way to decrease days at the County Shelter is to euthanize pets sooner rather than giving them more time to be adopted. Other factors are a decrease in population in Laguna Hills, noted in the 2010 census, and due to the state of the economy many people were not able to afford to keep their pets so there has been an increase in requests for euthanasia at the County Shelter. The Staff Report also talks about the County Shelter being an "Open Shelter" meaning it has to take all animals brought to it, but they fail to disclose it is closed to citizens relinquishing pets when it is full.

The Staff Report says the City has achieved the following:

1. encouraging owners to spay or neuter through differential licensing $100 for an unaltered dog vs. $24 for a dog that is neutered or spayed.

2. licensed dogs picked up by animal control officers from the County Shelter can be returned to their owners immediately rather than taken to the shelter. (Editor's note - we checked records on this and were able to find only one documented incident of this occurring. If a pet is not taken to the shelter in the City of Orange the shelter cannot charge for all the services and fines, etc.)

3. - increasing public safety because licensed dogs must have rabies vaccines.

4. - decreasing the cost to the City to provide Animal Care Services. (Editor's Note - Service to citizens provided by Laguna Hills from the Orange County Animal Shelter is already the cheapest and worst in So. Orange County so may not be an appropriate place to further reduce costs.)

5. - long term, licensing should result in lower shelter intake numbers and less euthanasias. (Editor's Note - these are the stats from the County Shelter we have to date. What staff has not achieved and apparently does not aim to achieve is delivery of safe and responsive animal care serices close to home for citizens despite many years of citizen requests for better animal care services in Laguna Hills.)

2006 - 92 dogs + 62 cats impounded from Laguna Hills - 23 (25%) dogs killed (12 reported to be euth. request by owner). 38 (61%) cats killed (8 reported to be euth. request by owner). Total Kill Rate = 43%

2007 - 83 dogs + 70 cats impounded from Laguna Hills - 19 (23%) dogs killed (9 reported to be euth. request by owner). 43 (61%) cats killed (None reported to be euth. request by owner) Total Kill Rate = 42%

2008 - 140 dogs and 51 cats impounded from Laguna Hills - 38 (27%) dogs killed ( 17 reported to be euth. request by owner) and 36 cats (71%) killed ( 4 reported to be euth request by owner). Total Kill Rate = 49%

2010 - 133 dogs + 58 cats impounded from Laguna Hills - 65 (49%) dogs killed (31 reported to be euth. request by owner). 39 (67%) cats killed (4 reported to be euth. reques by owner). Total Kill Rate = 58% ** The County changed their stats in 2010 from fiscal year to Calendar Year.

(Editor's Note - For The County Shelter Statistics between 1/1/2010 and 12/31/2011 go to http://egov.ocgov.com/ocgov/Info%20OC/Departments%20&%20Agencies/OC%20Animal%20Care/Shelter%20Statistics to see the County's Report of license compliance BY CITY and the number of pets BY CITY that were admitted, adopted, returned to owner and euthanized. You can click on the OVERALL STATS Pages to make them larger and click on each city listed for stats from that city.)

Items Pulled from the Consent Calendar for Discussion - Item 4.8 the Dog License Campaign Update.

Vote - The rest of the Consent Calendar was passed as a whole without comment 5 - 0.

Council Member Kogerman removed item 4.8 - The Dog License Campaign and asked Assistant City Manager Don White the following questions:

1. Question from Council Member Kogerman - The report says - licensed dogs picked up by animal control officers from the County Shelter can be returned to their owners immediately rather than taken to the shelter. Has this happened that a County Animal Control Officer has returned a lost dog to its owner rather than taking it to the County Shelter and would this be documented?  She noted that her information is that only one case of this happening could be found.

Answer from Assistant City Manager Don White - That is the practice for OC Animal Care, I don't have any statistics on it. He said he didn't know if it would be documented but suspects it would be.

2. Question from Kogerman - The last contract I saw between the City and the County Shelter included canvassing as a service, so why are we paying additional money for canvassing?

Answer from Don White - It includes a limited amount of canvassing, its a limited number of canvassing hours a year and it's nowhere near the amount that we have paid for the special canvasser, that's on top of the limited canvassing that takes place.

Question from Kogerman - The report says 654 licenses were sold, that is remarkable, assuming about 10 licenses a day if the canvasser works 5 days a week, how many of those were new licenses vs. renewed licenses and how do we know how many were new licenses?

Answer from Don White - That's the total number sold, I think there may be some in there that were renewed, but most of those are new licenses. I asked them how many were new and that's what I was told.

(Editor's Note - It appears that Assistant City Manager Don White has no statistics or documentation for the numbers in his report and the canvassing that the City previously touted in its contract with the County Shelter is completely inadequate, but Assistant City Manager Don White is frequently placed in the position of defending the indefensible when faced with issues regarding the County Shelter Services for Laguna Hills Citizens.)

Mayor Pro Tem Carruth said thank you to Don White and the staff for this incredibly successful campaign.

Council Member Lautenschleger said - Net cost this year is $32,000 (excluding the cost of the canvasser of an additional $11,824 so the cost is actually $43,824 so far) and it was always in the $50 or $60 thousands. The report says about 10% of this can be attributed to a 31% reduction in animal shelter days. Is that just an estimate that they gave you?

Don White responded that is an estimate I made based on what the animal days cost and so forth. Vote - This item was passed 5 - 0

PLANNING AGENCY 

5.4 - ADMINISTRATIVE REPORTS - Changed Plan Application- Wireless Communication Facility on the public rooftop of storage facility on Costeau St. Applicant was sent back to consult with a landscape facility at the Aug. 23. 2011 City Council Meeting because Mayor Pro Tem Carruth, Mayor Songstad and Council Member Bressette voted to have the applicant do additional landscaping by planting shrubs around a Canary Island Pine Tree for additional screening. Additional landscape plan is still incomplete so this item will be continued to the Nov. 8, 2011 City Council Meeting.

5.5 - PLANNING AGENCY PUBLIC HEARINGS -

5.5.1 - Modification of existing Master Sign Program for La Paz Village at 25260 La Paz Rd. - At a City Council Meeting on June 14, 2011 the Council would not approve the applicant's sign plan. The applicant, Mr. Ron Bamburger, retail developer, speaking for the project, explained to the council this small center has tenant vacancies and the tenants are struggling. The new monument signs, would cost the center owners $30,000 to $40,000 to construct. Also this center, with no anchor businesses, has space for 18 small businesses that cannot be seen from the street so visibility and Identity from the street are essential for business success here. City code allows only 2 signs with a maximum of only 4 tenant names on a sign, so the restrictions placed on the signs by the city code make the cost/benefit analysis unworthy.

The applicant is now proposing 2 new center identification signs in neutral tones clad in ledgestone. Sign A will be 13 ft. tall by 11 feet wide (reduced from 18 ft. 56 in. by 12 ft.). Sign B will be 8 ft. tall by 12 ft. wide ( reduced in size from 9 ft 11 in. by 15 ft.) The applicant is requesting some deviations for tenant identification. Notices were mailed to surrounding property owners

No property owners from this area spoke at the Public Hearing. Ron Bamburger spoke again at this meeting reminding the council that this center that has no anchor business so very much needs the tenant signs. They have drastically reduced the size of the signs and improved the appearance. Council Member Kogerman stated the center did a good job in updating the signs and reducing the size and we need to be respectful of their needs as a center so she is pleased with the changes, these are good looking signs and she supports this proposal. Council Member Lautenschleger said this was a good job and he was happy with it. Mayor Pro-Tem Carruth said she thought the 8 foot sign was still too high so wouldn't support this.     Vote was 4 - 1 in favor (the one against was Carruth)

5.5.2 - Conduct a Public Hearing and Approve - Permit joint use of parking facilities for the buildings at 25322, 25332 and 25352 Cabot Rd., a Master Sign Program and Site Development Improvements including demolition of a vacant 2 story building at 25332 Cabot Rd. followed by replacement by a new smaller single story building and renovation of a single story building plus landscaping improvements in Cabot Town Center where Outback Steak House is located. Applicant is proposing to demolish the former Wells Fargo Building and construct a new building to be occupied by DaVita Dialysis, a health care facility. Applicant is also proposing additional parking and landscape for the site. Street widening is proposed for Cabot in the future but is expected to take out many large trees along Cabot Rd. The applicant has agreed to plant additional trees now to prevent the future planned street widening from leaving no trees at all. Public hearing notices were mailed to surrounding property owners.  No property owners from this area spoke at the Public Hearing. The applicant spoke and noted that a Family Trust of 4 people own the property. Mayor Pro-Tem Carruth liked this project.    Vote was 5 - 0 in favor.

6. CITY COUNCIL PUBLIC HEARINGS - None

7. ADMINISTRATIVE REPORTS - None

8. MATTERS AGENDIZED AND PRESENTED BY COUNCIL MEMBERS - **These Items are authored by Council Members. The council member who authors an item here also does all of the research for that item.

8.1.1 - Council Member Kogerman - Membership in the Association of California Cities - Orange County - ACC- OC

Council Member Kogerman spoke about her online report that states - In 2010 some city members of the OC Division of the League of California Cities (The State League) broke away and formed the Association of California Cities- Orange County. At the Nov. 23, 2010 Laguna Hills City Council Meeting the City voted to become a member of the ACC-OC in addition to remaining a member of the State League. At that meeting Mayor Songstad urged the City Council to support the new Association and noted that the new Association would be "very member centric, and attempt to stay our of issues that were controversial for its members."

Council Member Kogerman states that the Association has failed spectacularly to "attempt to stay out of issues that were controversial for its members." Events have revealed a vindictive effort at political retaliation in which Association leaders have prevailed upon Brandman University to strip Dr. Fred Smoller of his powers as founder and professor of its Graduate School of Public Administration by insisting that any opinions from Dr. Smoller must first be approved by Association Chief Executive Officer Lacy Kelly before they are submitted for publication. Kogerman says this and other onerous conditions insisted upon by Association leadership prompted Dr. Smoller's resignation of his position with the school.

Kogerman continued that this was a blatant attack on academic freedom related to the 2 Brandman Public Administration graduate students assisting Kogerman in her study of the Compensation of Orange County City Managers and Dr. Smoller's published opinions advocating the consideration of consolidating local cities and/or their services throughout Orange County as an efficiency matter to take advantage of economies of scale. Kogerman notes that the 2 Brandman graduate students received accolades for their work on this report from PublicCEO.com, Fox News, and the County Board of Supervisors and that the study revealed vagaries in city manager compensation throughout Orange County and disturbing misinterpretations of the Ca. Public Records Act. Subsequent to this report the State's Controller and Attorney General called for disclosure by all cities of their city manager's compensation and legislation was introduced to address excessive compensation and lack of transparency.

Quotes from Council Member Kogerman's report include:

1. From the Orange County Register Newspaper - Quote from Dr. Smoller - "I was told city officials were upset with my involvement in the examination of city compensation, and other things I've written regarding city consolidation, which they apparently found threatening," Smoller told us. "Academics are often criticized for living in an ivory tower. I've been criticized for trying to be relevant."

2. From the Orange County Register Story - Merging Cities: Out of the Mainstream by Teri Sforza - "Last year, folks from the local League of Cities chapter marched into Chapman President Jim Doti's office to complain about the compensation survey. And it doesn't appear their opinions of Smoller's work have changed much." 

3. From CAL Watchdog, Silencing Local Gov't Truth-Teller by Steven Greenhut, Oct. 17, 2011 - Smoller points to a meeting where Tustin Councilman Jerry Amante, Laguna Hills Councilman Alan Songstad and ACC-OC CEO Lacy Kelly met with Chapman University President Jim Doti to in part discuss their concern about the compensation study. Amante told me Monday that "no one was seeking Fred's resignation." They complained about the appearance that Brandman was involved in a political campaign. Chapman seems to have undertaken a hands-off approach, as would be expected, but Brandman officials allegedly got spooked by the drumbeat of criticism.

Fiscal Impact to the City - $9,981.25 a year to the ACC-OC in addition to the $11,736 a year paid to the State League of Cities.

Recommendation - That the City Council resolve to disassociate itself from and revoke immediately the City's membership in the Association of CA. Cities - Orange County and its affiliates to include vacating any offices held therein and not financing any further Association Activities or events.

Mayor Songstad said he is on the Board of the ACC-OC and the State League of Cities and "the ACC-OC had absolutely no, nothing to do with Mr. Smoller's situation, whatever that is." "And to say that somehow Brandman put a requirement on one of its Professors that their work had to be approved by the executive director of the ACC-OC is just laughable." He read Brandman's official statement that Dr. Fred Smoller was not dismissed from his position as the Director of the Masters of Public Administration Program at Brandman University, but was to continue as the MPA Director and Brandman would hire a director of government relations who would serve as a member of the faculty to add depth to the program. That statement also said that on Dr. Smoller later offered his resignation as director but will continue as a member of the faculty and because this is a personnel issue there would be no further detail. Songstad went on to say that Lacy Kelly, the ACC-OC's director had no knowledge of this, so it isn't true.

Songstad noted that council members have been critical of Dr. Smoller and said "I'm one of them." He said, "Did I ask that Brandman fire him, no." He insisted this was a decision of Brandman. He spoke more about the ACC-OC saying that it has done relevant things for cities, held summits that were well received and received an award for efforts toward pension reform. He repeated it is just not true that ACC-OC influenced Brandman and ACC-OC is a valuable organization that is well funded. He added that he thinks bringing in non-voting members on the ACC-OC Board is a huge advantage and it would be a crime for our City not to be involved with ACC-OC especially based on completely false information. He again insisted that whatever the University's decision was, it was their decision.

(Editor's Note - Mayor Songstad said he does believe Lacy Kelly but indicated he does not believe Dr. Smoller.  The other looming issue here is that Songstad did not mention or address the issue of the news reports of his visit to Jim Doti with 2 other ACC-OC members such as - From CAL Watchdog, Silencing Local Gov't Truth-Teller by Steven Greenhut, Oct. 17, 2011 - Smoller points to a meeting where Tustin Councilman Jerry Amante, Laguna Hills Councilman Alan Songstad and ACC-OC CEO Lacy Kelly met with Chapman University President Jim Doti to in part discuss their concern about the compensation study. and From the Orange County Register Story - Merging Cities: Out of the Mainstream by Teri Sforza - "Last year, folks from the local League of Cities chapter marched into Chapman President Jim Doti's office to complain about the compensation survey. And it doesn't appear their opinions of Smoller's work have changed much."Although Songstad had the opportunity last night to clarify he did not give any information regarding the purpose of this meeting or what he said there or what the others from the ACC-OC said there, but continued repeatedly to deny that the ACC-OC had any influence on Brandman.)

Council Member Kogerman responded - You and I have a different view of the truth. I am talking about the truth as it comes from Dr. Smoller who is very highly respected. I do not believe he is making things up. You and Mr. Amante visited Jim Doti because you were concerned about the reputation of Chapman. Dr. Smaller actually collapsed at one point due to stress and was hospitalized. There were backroom discussions Dr. Smoller was not a party to and he was told afterwards what happened and that he would no longer be chair, he would be co-chair with someone who was joined at the hip with Lacy Kelly (ACC-OC's CEO) and that anything he wrote would have to be passed by Lacy Kelly before being published. Under those conditions Dr. Smoller felt he had no option but to resign his position as director of the MPA Program. Related to achievements, Kogerman said of the ACC-OC, they were on the same side as the League of Cities on many issues but cannot be credited with achieving as they lobbied rather than participated.

It is incorrect that none of this is true about the involvement of ACC-OC with Dr. Smoller and Brandman. People from all sides of the spectrum saw what happened and are equally outraged. We are paying to belong to 2 lobbying and educational organizations (ACC-OC almost $10,000 annually) CA. League of Cities, (almost $12,000 annually) plus our lobbying firm Gonzalves and Sons (almost $35,000 annually here) so we pay a total of about $56,000 a year for lobbying for our city and we could put this $10,000 we are paying to the ACC-OC to better use and continue with the League of Cities that also has an Orange County Division.

Council Member Lautenschleger commented that he called Lacy Kelly and was told they did not have anything to do with why Dr. Smoller resigned. He said ACC-OC has put together 8 committees dealing with relevant issues like medical marijuana, jobs and housing, etc. He said this group is a tremendously powerful thing and saves our cities cash resources by acting as our staff. He said it was a great place where we can express our opinions on local regional and state level issues. He concluded with their mandate, one of the missions of the OCC-OC, is to Protect and Restore Local Control, so you don't want to limit a group with a mission like that because you are taking away the right to openness and transparency that you ascribe to.

(Editor's Note - following Council Member Lautenschleger's logic perhaps the representatives from this "powerful" ACC-OC group (Jerry Amante, Laguna Hills Councilman Alan Songstad and ACC-OC CEO Lacy Kelly met with Chapman University President Jim Doti to in part discuss their concern about the compensation study) should not have wanted to limit Professor Smoller from openness and transparency as well, so why won't tell us what exactly they did say at this meeting?) 

Council Member Bressette said he would second the motion just vote against it. 

Mayor Pro Tem Carruth said nothing.

VOTE was 4 - 1 against. The one in favor was Council Member Kogerman

9. CITY COUNCIL MEMBER COMMENTS

Mayor Pro-Tem Carruth -commented that there were 8 cases of West Nile virus this year with no deaths which is a tribute to Vector Control and the Asian Tiger Mosquito is a new vector that is tough to eradicate.

Council Member Bressette complimented the Planning Agency Staff on the job they did tonight.

CLOSED SESSION – None Noted

The Next regular City Council Meeting is Tuesday November, 8 pm, at City Hall. Contact Laguna Hills City Council Members at - ccouncil@ci.laguna-hills.ca.us

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CITY COUNCIL and CITY MANAGER REPORT CARD - 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.

(** Editor's Note - The issues of transparency, accountability, academic freedom and freedom of speech are all very important issues for the citizens this council is supposed to represent. It is difficult to give a grade to council members in an issue that involves who they believe but beyond that, citizens, under the Feedom of Information act, may have a right to know what was said at the meeting of the 3 ACC-OC Board Members, including Mayor Songstad, with Chapman University President Jim Doti, regarding the news reports of their concern about the OC City Manager's Compensation Study's connection to Dr. Smoller. Because the ACC-OC is a taxpayer supported association citizens may be entitled to a transcript of that meeting which could possibly resolve the question of - Did these 3 representatives from the ACC-OC exert pressure on Dr. Smoller related to his academic freedom and freedom of speech? There may be some legal obstacles to doing this but the city councill members did not directly ask Mayor Songstad what he did say at that meeting or suggest obtaining a report from that meeting or just ask the City Attorney if it would be possible to obtain a report.  They made no attempt to investigate or clarify for the citizens and in that respect they failed the citizens they are representing.      
Bressette - F 
Carruth -  F Kogerman -  A for authoring a Citizen Friendly Item
Lautenschleger - F Songstad - F City Manager - F for a Dog Licensing Update containing multiple generous claims of successes for the City that were not validated by documentation in their online report or at the Council Meeting. 

INFORMATION, COMMENTS QUESTIONS and CONCERNS from Watch Dog Readers:

WIN WIN Wednesday! - Make it a habit! - Here's the lineup for - WWW Global Cuisine - Please Download your flyers to give to each restaurant to get the % for Win-Win-Wednesday's Safe & Sane Grad Night for LHHS. **** Don't forget to Download your Fundraiser Flyer to present to the eating establishment at http://www.winwinwednesdays.com//

November 2 - Baja Fish Tacos (LH)

November 9 - Chipotle (LN)

November 16 - Panera Bread (AV)

November 23 - Polly's Pies (LH)

November 30 - Flamingo's (LH)

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Opinions on the situation regarding Professor Smoller

I find Professor Smoller's resignation an attack on academic freedom. This is outrageous. Local politicians behind his resignation should and will be held accountable. Apparently, after seeing the incompetence of many state and federal elected officials as demonstrated by their total inability to solve urgent state and national issues , now we see hands of local elected officials who are attempting to obstruct citizen involvement in addressing local issues such as budget, compensation and need for small government on behalf of the hard working taxpayers. This is unacceptable and it should and must stop!

Laguna Hills residents need to see these news stories:
http://www.ocweekly.com/bestof/2011/award/best-gadfly-1144297 and http://taxdollars.ocregister.com/2011/10/12/professor-who-offended-power-elite-resigns-post/109833/

Voters elected Kogerman to correct excessive compensation, but she can't do it alone. Remember these lessons in November 2012!

So Songstad, Scott, Lautenschleger and Channing finally won one! Terri Sforza’s column in today’s Register pointed out, albeit sadly, that fighting the establishment and city hall can be dangerous to your long-term employment health. Songstad’s darlings League of California Cities and/or the Association of California Cities had enough clout with Jim Doti, the ever-political President of Chapman University,to have Professor Fred Smoller demoted. Maybe they’re correct: accountability, transparency and frugality really don’t have a place in politics, whether at the local, state or national level. And certainly, academic freedom has no place in an ultra-conservative bastion such as Chapman University. Truly a sad day for we 99%ers.

Regarding Professor Smoller, The very best possible scenario here is that he would be hired by a really good University for a Government Studies Program that actually encourages intelligent, creative thinking to solve problems in government. His basic belief in transparency and accountability appear to be perceived as far too radical for at least one small South OC City that was exposed related to its inflated compensation for its City Manager and Assistant City Manager and is apparently too much for Brandman as well. Why should students waste their time and money taking advanced studies at a University that will not allow them the freedom to learn the realities of how governments actually operate. Additionally, if the public really does have the most faith in local government they also better be paying very close attention to it to be sure they know what is actually going on. Jean Bland

Excerpts from - Silencing Local Gov't Truth-Teller from the Cal Watchdog http://www.calwatchdog.com/2011/10/17/brandman-u-muzzles-local-govt-truth-teller/  But last week Smoller resigned as the head of program, although he maintains his position as a professor there. Smoller argues that the op-eds he wrote calling for the consolidation of Orange County cities and efforts by his students exposing the absurdly high compensation packages received by OC city managers angered the local political establishment. He said that Brandman officials succumbed to pressure from the Association of California Cities-Orange County, the break-away group from the state League of Cities, and essentially pushed him out. ACC denies any pressure, but it’s clear that the local city establishments, Republican and Democrat, were no fans of Smoller.

Smoller points to a meeting where Tustin Councilman Jerry Amante, Laguna Hills Councilman Alan Songstad and ACC CEO Lacy Kelly met with Chapman University President Jim Doti to in part discuss their concern about the compensation study. Amante told me Monday that “no one was seeking Fred’s resignation.” They complained about the appearance that Brandman was involved in a political campaign. Chapman seems to have taken a hands-off approach, as would be expected. But Brandman officials allegedly got spooked by the drumbeat of criticism.

Local government can be better than far-off government, but it also can be and usually is wasteful and tends to operate for the benefit of those who work for it. To spotlight inefficiencies and abuses in local government is not “attacking” the institutions of local government. That Amante and Kelly and other city advocates assert as much shows that they are about maintaining the status quo. Smoller said he has tried to engage ACC and other League of Cities types in arguments over ideas, but they don’t engage. Instead, they try to stifle.

In Smoller’s view, there are two types of people he finds involved in local politics and local government — defenders of the failing status quo who want to maintain their pensions, their power and their perks and those who want to have an honest public debate over the real issues. Those of us in the latter category might disagree vehemently over political solutions, but at least we’re not trying to protect the privileges of those in power. Brandman, he said, has made a choice that it wants to be nice to elected officials and others who support the program. “I don’t give a darn about elected officials,” Smoller said. “I care about my students and teaching them critical thinking skills.

Outsourcing Management of Laguna Hills Community Center

Recent actions by the Laguna Hills City Council prove that they still don't understand the need to stop spending taxpayer money like drunken sailors. First, they vote to hire a property management company, to manage the maintenance of the Community Center and the City's Administrative Offices. This isn't "outsourcing" this is called "being lazy". The City has 20+ full-time employees, including a City Manager, an Assistant City Manager and a Deputy City Manager and everyone is apparently too busy to call an electrician to change a light bulb? The City can manage paving streets but needs to pay someone else to manage repaving their parking lot? Property Managers are for absentee landlords not owner occupants. This is a waste of taxpayer dollars.

One of the justifications for giving our City Manager a car that he can commute in is his need to be "on call" for 24-hours. "On call" doesn't mean calling the property management company because someone has reported a plumbing leak. Or can you imagine, if the City Manager walks into the office and the air-conditioning isn't working he calls the property management company and they call the air conditioning repair service. Why can't the City Manager just call the air conditioning repair service?

Next go to the City's website and look into Employment Opportunities. There is an opening for a new Community Development Director at $133,740 to $162,552 annually. Last time I looked our community was fully developed? Maybe the City's job should be to get out of the way of the private sector and not to attempt to control the private sector? Maybe the City Council's job should be to articulate a vision and let the private sector execute? I don't believe it is the public sector' job to tell the owner of the Laguna Hills Mall what they can or can't do with their private property. But this is one of the new challenges, the job opening suggests, the new Community Development Director will be responsible for.

A new job opening might have also been the time to start eliminating things like - 100% payment for health, dental and vision insurance; payment of the employee's 6.5% contribution to CalPERS on behalf of the employee, conversion of unused sick leave to cash, 4-weeks of vacation annually, 96-hours of paid holidays and an auto allowance. Again, no. All the outrageous benefits are still part of Employee Compensation. I want to know how many applicants there are for this position? The response will be very indicative of how competitive or uncompetitive the City's compensation package is. The system is broken and the existing Laguna Hills City Council is incapable of fixing it.

One would think we could manage our own property given that our two locations are staffed with high paid professional management? Is Essex just looking for tenants or do they also manage the maintenance and landscaping for us? I wasn't aware we had so much vacancy at the Civic Center. http://essexrealty.com/property_details?id=12  With  about 10,000 square feet of vacancy, I wonder what percent of the available space for rent is occupied? So we hire an Irvine based firm to represent us? If these services are really needed can't someone in Laguna Hills to do it? Maybe the good news is that we aren't slashing rents to get tenants at the expense of privately owned commercial property with vacancy?

With a City Manager, an Assistant City Manager, a City Attorney, a Deputy City Manager, a Community Development Director and 20+ other full-time employees it is amazing that we have to outsource our property management? What do they have to do besides market, answer questions about the property, show it to interested parties and negotiate the contract? I have an idea. Don't keep vacancies a secret. Maybe they should be advertised as available on the City's Web.

Do you really think a City that can't uphold it's promise to tweet to residents who signed up for that potential emergency service because their only "tweeter" is on leave; can get timely notices mailed to citizens of decisions that involve them; and can think to advertise their once a year Pet Clinic enough in advance can think things through enough to handle more than they already have to deal with. Why not outsource the City Manager and Assist. City Manager. There are better managers in other small cities that may be willing to share their services

Making Parks Safer for children from Registered Sex Offenders

On Oct 17, 2011 the Mission Viejo City Council considered An Ordinance to "Establish Our City Parks and Trails as CHILD SAFETY ZONES by Banning Registered Sexual Predators From Entering Our Parks and Trails Without Written Permission From the Orange County Sheriff."  With a vote of 5 - 0, they directed their City Attorney to model a “Child Safety Zone” City Ordinance using Orange County Ordinance No. 03-18-1 to 6 as the prototype. This Passed 5-0 with very little discussion.

Other Comments

It's a sad commentary that our so many elected officials at the state and federal levels have disappointed their countrymen and women with their top three priorities, the priorities being reelection, reelection, and reelection to the detriment of the people, who trusted and elected them. Their perks must be good and perhaps that's why they want to hold on to their offices. This only means that we need to whittle those perks down. Their actions and lack thereof have put our states and the nation at peril for years to come. Now we are seeing that many of our local elected officials are not particularly any better. There are some gems like Barbara that we need to hold on to for the good of our people. People like Barbara care about the taxpayers, and are transparent and courageous enough to provide the leadership we need. Thank you for all the great work you are doing in shining the light on the local elected officials and their actions

"Stealing You Blind" is the most important book I've read in a very long time. I strongly urge my friends to read it and pass it along. It's that much of an eye opener and removes any doubt that Obama and other big government politicians must be swept from office in 2012. http://www.barnesandnoble.com/w/stealing-you-blind-iain-murray/1101124463

HOW TO SUPPORT THE 3rd BATTALION, 5th MARINE DIVISION - Adopted by the City of Laguna Hills - Donation checks can be made specifically to "Laguna Hills Team Dark Horse" and mailed to - Team Dark Horse, 27251 Lost Colt Dr., Laguna Hills, CA. 92653. The Non-profit Corporation 501 (C) (3) status has been approved so all donations are tax deductible. E-mail Mike Bland at 35bland@gmail.com with questions, suggestions, etc. The city's e-mail for the 3/5 is 3/5-support@ci.laguna-hills.ca.us City Clerk Peggy Johns is the City Liaison to the 3/5 Support Committee. Go to the City web site by clicking on this link - http://www.ci.laguna-hills.ca.us/

Please see the Laguna Hills 3/5 Adopted Marines Facebook page by clicking on this link - http://www.facebook.com/pages/Laguna-Hills-Team-Darkhorse/132765660119128 and share it with your friends!!
***The 3/5 Marine Christmas Party is December 2nd, so look for the toy collection boxes around November 1st at the City Hall, Community Center and the Nellie Gail Club House. Last year Team Dark Horse delivered over 600 toys/gifts to our adopted Marine Battation

NEWS STORIES AND BLOGS ABOUT LAGUNA HILLS: Click on the links below to see the stories.

Fred Smoller,The Brandman University Professor of Public Administration, "who offended the power elite" when his Master's Degree students won awards assisting Council Member Kogerman to research the total compensation of City Managers in Orange County has just resigned from his post. Why did this happen? - Click on -http://taxdollars.ocregister.com/2011/10/12/professor-who-offended-power-elite-resigns-post/109833/

LAGUNA HILLS CITY WORKERS: 12 PERCENT UNDERPAID?http://taxdollars.ocregister.com/2011/09/01/laguna-hills-city-workers-12-percent-underpaid/95765/

Which city council makes the most money? http://taxdollars.ocregister.com/2011/07/11/which-city-council-makes-the-most-money/88311/#comment-169311

LA Times: Laguna Hills City Manager Salary http://www.latimes.com/news/local/la-me-oc-salaries-20110621,0,1126677.story

In O.C., city pay can be steep, but it’s not ‘abusive’ June 20th, 2011 http://taxdollars.ocregister.com/2011/06/20/in-o-c-city-pay-can-be-excessive-but-its-not-abusive/85631/#comment-165059

June 9, 2011 ORANGE COUNTY GRAND JURY REPORT - Compensation Study of Orange County Cities http://www.ocgrandjury.org/pdfs/comp-study-oc-cities/Compensation-Study-of-Orange-County-Cities.pdf

City manager says compensation is fair http://www.ocregister.com/news/city-303264-channing-compensation.html

Political rebel faces an uphill battlehttp://www.ocregister.com/news/city-303262-kogerman-channing.html

Councilwoman: Public pay report inaccurate, self servinghttp://www.ocregister.com/news/city-299908-report-council.html

OC Watchdog Lavish health benefits slashed in Laguna Hills, Tustin http://taxdollars.ocregister.com/2011/05/12/lavish-health-benefits-slashed-in-laguna-hills-tustin/82833/

After attacks, city-manager-compensation sleuths win state award March 21st, 2011, posted by Teri Sforza, Register staff writerhttp://taxdollars.ocregister.com/2011/03/21/after-attacks-city-manager-compensation-sleuths-win-state-award/78545/#comment-139633  Click on http://www.publicceo.com/ for more of this story

No more $60,000 SUVs for city manager?http://taxdollars.ocregister.com/2011/02/09/no-more-60000-suvs-for-city-manager/75030/

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/

Who has the best-paid city council in California? (updated) http://taxdollars.ocregister.com/2010/12/02/who-has-the-best-paid-city-council-incalifornia/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: 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."

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 Mayor 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 2011 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."

CRIME IN YOUR NEIGHBORHOOD

For a roundup of Laguna Hills police calls check the Saddleback Valley News every Friday or click on: www.ocregister.com/news/saddleback or for more complete information:

Go to Sheriff Coroner - Sandra Hutchins - Orange County CA. - http://egov.ocgov.com/ocgov/Sheriff-Coroner%20-%20Sandra%20Hutchens

Scroll down to - Crime Stats by area - Here you can select a Street Name, City, Month and Year and click on search - You are then presented with a very lengthy list of crime stats for the month you selected such as: Assault, Burglary. Carrying/Possession of Weapons, Disorderly Conduct, Drug Abuse, Forgery and Counterfeiting, Fraud, Types of Larceny/Theft, Prostitution and Vice, Road & Driving Law Violations, Vandalism, etc.

WRITE A LETTER TO THE EDITOR of the Orange County Register Newspaper

Letters to the Editor: E-mail to letters@ocregister.com Please provide your name, city and telephone number (telephone numbers will not be published). Letters of about 200 words will be given preference. Letters will be edited for length, grammar and clarity.