Saturday, October 1, 2011

Sept. 27, 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 - COYOTE UPDATE (see below under CITY COUNCIL PUBLIC HEARINGS -Administrative Reports) CITY PARK SAFETY, from Registered Sex Offender, ZONES FOR CHILDREN (see below under OTHER BUSINESS) and CITY MANAGER'S EMPLOYMENT CONTRACT NEGOTIATIONS COMMENTS with a surprise twist at the end of these comments, from a citizen, and past comments from Mayor Pro Tem Carruth 


PRESENTATIONS and PROCLAMATIONS - None   


PUBLIC COMMENTS - None here - see Public Comments below under "OTHER BUSINESS" and "MATTERS PRESENTED by MAYOR and CITY COUNCIL MEMBERS".


LHHS STUDENT LIAISON REPORT by Kylie West (alternate Jeena Bonutto). - Kylie said the football team won last Friday's game and next is an away game against Irvine on Thursday. Win Win Wednesdays is at Baja Fresh in Laguna Hills, Moulton and La Paz on Wed. the 28th and on Wed. October 5 it is at Pei Wei Asian Diner - 10 am to 11 pm El Toro and Rockfield in Lake Forest. This week is Club Rush with at least 20 clubs getting support and members. There is a new club called Step It Up that is more of an organization run by some of the parents who are encouraging students to do community service work. Over 100 kids turned out for this which was really exciting and they support a lot of great philanthropies. We also have community focus groups beginning today. These are meetings between parents or students about once a week to talk and have coffee with Principal Boulton or Mrs. Felix. This is a great way to have some input. The Music Students are selling Community Discount Cards which are only $10 for an entire year . You get great discounts to Subway, Baja Fresh, Jiffy Lube and all sorts of places and it is a great way to support the Music Program. Some really exciting news LHHS has the highest number of AP exams taken in our district and the highest pass rate. The HAWK CHALLANGE is coming on Nov. 14. The school sells golf balls, the balls are dropped from a helicopter over the green on a golf course and if the ball you bought falls in the hole you could win $2000. On a sad note we have a very loved wonderful English teacher who passed away. She was Mrs. Bangert and had been teaching for over 30 years. She had a big impact on the school and there are great memories of her. 


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 so there is a long delay for the public related to timely documentation of information from the city.


CONSENT CALENDAR - Warrant Register = $994,126.77
Items of interest from the Warrant Register - Verizon Wireless Communication Expense for August - $848.79,  Faubel Public Affairs - $16,913.95 for Fall edition of City Views,



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


4.3 - Progress payment #6 for La Paz Rd. widening at I-5 - $191,242.54 to SEMA Construction. 


4.4 - Contracts with County of Orange and Age Well Senior Services for Community Development Block Grant Funds for FY 2011-12 - In 2010 City Staff applied for $75,000 for FY 2011-12 and has been tentatively awarded $62,453 to assist in completing energy efficiency improvements (installation of a solar panel system) at the Florence Sylvester Senior Center. These Federal Community Development Block Grant Funds are available for unincorporated areas and "non-entitlement" cities (cities in the County with populations of under 50,000) and are administered by the County of Orange.
Staff Recommendation - Approve and execute the contracts


Fiscal impact to the City is only the cost to comply with Federal and County laws paperwork requirements. (Editor's Note - The City was called to account at City Council Meetings by City Seniors in 2008 for having done nothing for needs of Seniors since incorporation in 1991. At that time Seniors requested funding from the City for programs at the Florence Sylvester Senior Center that were serving the senior citizens of Laguna Hills and in need of funding to continue. The City did not agree to provide any funding for programs but in 2008 the City applied, for the first time, for a pass through Grant from the County of Orange for the private Florence Sylvester Senior Center that is located in Laguna Hills. The Senior Center has to qualify for these grants each year on the basis of a documented need for repairs and/or energy saving upgrades and if they qualify and the City processes the application they receive Grant Funding that is available and approved for them.)


Items Pulled from the Consent Calendar for Discussion - 4.3 pulled by Mayor Pro Tem Carruth and Item 4.4 pulled by Council Member Kogerman.


Mayor Pro Tem Carruth asked if our City has any impact on the landscape being planted in the area of the La Paz at I-5 widening. Ken Rosenfield, Director of Public Services, City Engineer answered that we designed it to CALTRANS standards with their approved palette of plant materials. We have only minor input there. Council Member Kogerman asked if there is a concern regarding the elderly Eucalyptus trees in that area. Rosenfield responded that many of those are going to be removed.


Council Member Kogerman asked what is the cost to the City to obtain this Grant for the Senior Center. Don White, Assist. City Manager said they had not done any cost accounting so he did not know but estimated it was maybe no more than $5000. Council Member Kogerman responded that is money well spent.
VOTE - Consent Calendar was passed 5 - 0


PLANNING AGENCY ADMINISTRATIVE REPORTS - Request by ATT to expand the existing wireless communications facility located at 25131 Costeau St. This item was extended from Aug. 23, to Sept. 13 and then to Sept 27, 2011 due to a request from Mayor Pro Tem Carruth for additional shrubs to be planted under a 40 - 50 foot tall Canary Island Pine Tree at the site to improve aesthetics.  Vote was 3 to 2 in favor Carruth's request (other 2 in favor were Bressette and Songstad). This item was continued for consultation with a landscape designer and Staff is now requesting that it be continued to Oct. 25, 2011.
VOTE - This item was continued 5 - 0 


PLANNING AGENCY PUBLIC HEARINGS - None
Planning Agency Public Comments -  None


CITY COUNCIL PUBLIC HEARINGSADMINISTRATIVE REPORTS -


7.2.1 Coyote Response Efforts - (Editor's Note - At the Aug. 23, 2011 City Council Meeting, Council Member Barbara Kogerman stated more needs to be done and requested a publicly announced plan to deal with the coyote problem, including what the City has done so far and is continuing to do. She asked that City Staff return by Sept. 27, 2011 with recommendations.)


A staff member, Mr. Karza, gave the Staff Report for Sept. 27. The Staff report says that since December 2010 the City had a public forum, (the meeting of Dec.1, 2010) published educational information and pursued the trapping of coyotes. Staff Report says, "As per the City Council's request, staff investigated the matter further and has expanded our educational outreach efforts to residents; began formally tracking reported coyote sightings; and will provide increased coordination with homeowners' associations." Mr. Karza, City Staff said "With the information from people reporting sightings, we will now file those sightings into our data base, log them into our coyote sighting log and mark them in our pin map which will in the future assist staff and animal services and future contracted catchers to better pin pint concentrated areas of high (something?)."


(Editor's Note - (Editor's Note - A reminder to City Staff - On Wed. December 1, 2010 the City of Laguna Hills hosted one Public Meeting to discuss citizens concerns regarding increasing coyote problems throughout the city and the county. Lt. Kent Smirl from the Fish and Game Dept. stressed the need for people to call Animal Care Services and the City to report coyote sightings and incidents of harm to pets and/or people, so that maps can be charted to locate areas where the most dangerous coyotes can be found. Citizens asked for an action plan related to their reports of 20 pets in one area of Nellie Gail being taken by coyotes in the past 3 weeks including a 45 pound dog. Deidre Spalding, a board member of the Nellie Gail Ranch HOA, reminded the Mayor that the HOA has been overwhelmed with more than 100 e-mails re. this problem and the HOA's trapping efforts had failed, so this problem needs to be agendized soon at a Laguna Hills City Council Meeting.   Mayor Bressette agreed and stressed again the need to notify the City of all coyote sightings and harm to pets and/or people from coyotes. After the Dec. 2010 meeting the City changed Mayors, never agendized this issue for a city council meeting until Council Member Kogerman did that in August of 2011 and apparently only recently began recording the coyote sightings of residents who have been calling them since Dec. of 2010.)


The City Staff report also says "Public education is one of the most important and effective ways a community can prevent aggressive coyote behavior," but this same report admits that the new Fall issue of City Views only "briefly discusses coyotes in Laguna Hills" with simple tips. The essential element, presented to us in Dec. of 2010 by The Fish and Game commission, of cooperative efforts among neighboring cities related to increased public education is not addressed at all.


Additionally, there is un-addressed conflicting information about trapping coyotes from organizations and individuals who say that the coyotes who allow themselves to be trapped are the older, weaker, less intelligent coyotes, not the most aggressive. Staff says they are "investigating further" but there is nothing in their report to indicate any investigation in this area and no details related to the numbers of coyotes trapped, where they were caught or the condition of the coyotes that were captured. In Dec. 2010 the Dept. of Fish and Game said the most aggressive coyotes should be captured but there is no information from the City to related to how the City determines the most aggressive coyotes are being captured?



The Little Blue Society www.LittleBlueSociety.Org , a Laguna Hills Resident who said at the Aug. 23, 2011 Council Meeting, she was quoting a 2005 US Dept. of Agriculture Report and Marie Hulett - Pet Columnist from the Orange County Register who stated she was in charge of public education for the Dept. of Veterinary Public Health in the 80s and 90s, all said trapping does not work because coyotes are very smart and trapping only very old, very young, sick or less intelligent Coyotes, leaves the fittest to reproduce more like themselves. See more online in Marie Hulett's Monday, Sept. 19, 2011 OC Register Newspaper column entitled "Wake up, OC, Coyotes are here to stay.")


In this report the City repeats their previous advice about not leaving food, and water out and picking up fallen fruit, keeping small animals inside, fencing yards and trimming brush, etc., but it has been the residents who appear to have done the investigation for additional information and have contributed - Always walk with a walking stick for protection, Explore the use of COYOTE ROLLERS on the tops of fenceswww.coyoteroller.com , Use Cap Pistols that make a loud noise, Use leashes of only 6 feet or less and walk in groups, and Purchase an air horn from your local auto parts store to scare the coyotes with noise. )


Staff's report says they have now created a web-page with additional information including a featured link on the City web site's home page. Staff said they requested a Coyote Activity Evaluation in March of 2011 from Animal Pest Mgmt. Services (Editor's Note -  That report  was not made public) and received a recommendation for 2 two week trapping sessions to remove aggressive coyotes for which the City paid 50% of the $2,500 fee in conjunction with the Nellie Gail Ranch Homeowner's Association. City says they also conducted an independent trapping session between July and August, 2011 in the northern and southern sections of the City. They are asking Laguna Hills HOAs to send information to residents in their newsletters and if an HOA considers that they have a large and aggressive coyote population they may contact the City of possible assistance in trapping. (Editor's Note - there was no mention of what procedure citizens without HOAs should follow?


Fiscal Impact to the City is estimated to be $5000 to $10,000 annually.


Council Member Kogerman stated she was happy to see the pin point map and she mentioned the Little Blue Society who says they can effectively keep coyotes away with less aggressive methods. She asked if anyone had checked them out. Mr. Karza said they recently looked into The Little Blue Society and determined that it may be more suitable for HOAs if they would like to use them. Kogerman also asked how is the City dealing with this problem in neighborhoods that do not have Homeowner's Associations. Karza responded we are currently providing information through City Views and on the City web site. (Editor's Note - In clearer language, we see that how the City would deal with the coyote problems of residents in neighborhoods that don't have HOAs remains unexplained.) 


Kogerman pointed out to Mr. Karza that the City web site information to residents regarding reporting of coyote sighting does not include a phone number for reporting so that needs to be added.  Mayor Pro Tem Carruth asked if we can look into adding temporary signage in the parks to make the public more aware coyote activity. Mr. Karza agreed that this is something the City could "look into". 


7.3.1 - Unscheduled Parks and Rec. Commission Vacancy due to the Oct. 2011 resignation of Ms. Carol Meyers, who has devoted a great deal of her time to the City, is relocating near Kansas City to be closer to her family. Carol served on the General Plan Advisory Committee for the City's General Plan Update in addition to serving as Vice Chair and Chair on the Parks and Rec. Commission and she helped design Beckenham Park and added the play equipment that has attracted lots of children to make this park so active. She will be recognized for her service to the City at the Oct. 11 City Council Meeting. Two alternatives related to the amount of time allowed for the application period are being provided to the City for choosing a replacement for Carol on the Parks and Rec. Commission. Contact the City to learn how to apply for the vacancy. 


Council Member Bressette moved that we accept the resignation. and it was decided to allow 30 days for postings for this position and conduct interviews on November 16, 2011. VOTE was 5 - 0.


7.4.1 - Recreation Class Registration Trend Update Report - Staff Report was delivered by David Reynolds, Community Services Director. The report says in July of 2010 the City Council directed staff to bring back a report of what other cities are charging for non-resident fees related to a contract instructor's public comment on the non-resident fee of $10 for contractor instructor led classes in Laguna Hills not being reasonable. Staff says results of their study show that overall the annual recreation class registration has decreased by 28% when comparing the year in which the fee increases in Laguna Hills were applied (2010) to the previous year so staff has proposed decreasing the non-resident rate for contractor led classes from $10 to $5. The report states there were other factors involved but the downward trend in Laguna Hills as a result of the rate increase is more significant that the downward trends of the surrounding cities. Staff says it believes this action will positively affect the overall class and activity registration through time and prevent a continued downward trend in annual revenue.
Staff Recommendations are to decrease the non-resident fee for contract instructor classes from $10 to $5 and adjust the base fee for staff led classes as appropriate.


David Reynolds added in response to a suggestion from Council Member Bressette that staff is looking at adding new class offerings and removing classes that have had a downward trend.
VOTE - The staff recommendation passed 5 - 0


OTHER BUSINESS - **These Items are authored by Council Members - each council member who authors an item also does all the research that item. 


8.1.1 - Council Member Barbara Kogerman has proposed - An Ordinance establishing City Parks as "Child Safety Zones" where Registered Sex Offenders are prohibited from entering without written permission.


On April 21, 2011 the Laguna Hills Mayor and the City Manager received letters from County Supervisor Pat Bates and the OC District Attorney Tony Rackauckas stating that because protecting the public is one of the highest duties of government, the Orange County Board of Supervisors passed an ordinance, on April 5, 2011, prohibiting registered sex offenders from entering County Parks without written permission from the OC Sheriff. They encouraged the Orange County Cities to follow their lead advising that they would provide legislative and technical support as needed.


Council Member Barbara Kogerman followed up with a recommendation for a discussion of a proposal for the same type of ordinance for the City of Laguna Hills' parks and requested that the City Attorney come back on Oct. 11, 2011 with a proposed ordinance. Kogerman in her request for an ordinance said Constitutionality and other issues are thoroughly addressed in a letter from the DA to Huntington Beach included in the agenda packet and available on the city's web site: for the entire agenda item and all attachments, go to the Sept. 27 City Council Agenda and open the attachments for Item 8.8.1 here: http://permits.ci.laguna-hills.ca.us/sirepub/mtgviewer.aspx?meetid=32&doctype=AGENDA.


Read more in the OC Register Newspaper at http://www.ocregister.com/news/county-319461-sex-city.html - Laguna Hills to look at sex offender ban which says that 11 cities are pursuing this issue. The cities of Westminister and La Habra have approved ordinances that mirror the County's ordinance and Irvine approved a modified measure that states their parks are off-limits to sex offenders who have victimized minors.


Council Member Kogerman spoke about an incident in Lake Forest of a Registered Sex Offender filming children in a park. When the mother of one of the children being filmed reported this she was told the Lake Forest Police Services could do nothing because the sex offender was neither on probation or parole and Lake Forest has no ordinance banning registered sex offenders from their parks. She concluded that children are vulnerable to registered sex offenders everywhere and it really makes sense to look at this ordinance to protect our children.


Council Member Lautenschleger said he was concerned with the legality of what is going on with the County what might happen with certain cities that pass this and said "Let's make one thing perfectly clear, there have been no sex crimes against children in the City since we incorporated." He continued with "A sex offended going to a park is not going to be worried about a crazy misdemeanor the County has passed." "I think we have to ask ourselves are we giving our people a false sense of danger?" and "What's the problem we are trying to solve here with the ordinance?" and "A full scale prohibition like the County did is just simply a solution looking for a problem." He concluded that if we pass an unconstitutional law we are vulnerable.


(Editor's Note - looking online at the CA. Registered Sex Offender Search Results page under Megan's Law www.meganslaw.ca.gov it currently shows that there are 9 Registered Sex offenders reported to be living in Laguna Hills, there are 12 listed as living in Laguna Woods,10 listed as living in Aliso Viejo, 24 listed as living in Lake Forest, 22 listed as living in Mission Viejo and 12 listed as living in Laguna Niguel.  We also talked with Council Member Kogerman who pointed out that the threat of sex offenders accessing local parks is not dependent on nor limited to the number who reside in a particular city.  She also had information on 2 arrests for alleged sex offences this year related to Laguna Hills.
From the OC Criminal Lawyer Blog


By Michael L. Guisti on September 13, 2011 2:14 PM | Laguna Hills, Orange County - A Laguna Hills priest was arrested last weekend for allegedly committing lewd acts with a minor, which the victim is reportedly the son of a member of the Priest's church, according to court documents. http://www.orangecountycriminallawyerblog.com/2011/09/laguna-hills-priest-arrested-f.html


From the www.OCI180NEWS.com   Laguna Hills Man, 25, Arrested At Huntington Beach Pier On Federal Child Sex Charges Published 09/02/2011 - 4:02 p.m. Pacific Time http://www.google.com/search?q=Laguna+Hills+man+arrested+in+Huntington+Beach+sex+abuse&ie=UTF-8&oe=UTF-8&hl=en&client=safari


Mayor Pro Tem Carruth said the State legislature did not take action on this and asked why?


PUBLIC COMMENTS - OC District Attorney's Chief of Staff Susan Schroeder said that regarding the question of constitutionality, the best lawyer in our office, who has debated and argued for the CA. State Supreme Court many times, feels very confident that this ordinance is constitutional. She commented (in answer to Council Member Carruth's question) that she believes the issues about why the State took this portion out of Chelsea's Law came down to party line politics with the Democrats not wanting it and the Republicans wanting it. She concluded that we need this ordinance for every city because we want to make Orange County not an inviting place for sex offenders. She noted that even seemingly safe cities have a false sense of security if they believe that sex offenders will not watch your children and get in the process of grooming them.


Mayor Songstad asked what are the constitutional issues? Chief of Staff Susan Schroeder responded that she doesn't believe there are any but some people argue that there's a right to go into parks but there is actually no right to go into parks and in this case the sex offender could go into a park with permission of law enforcement so the law would know where that offender is and be able to monitor the situation. Songstad asked how would this be enforced? Schroeder answered a typical situation would be that a parent calls the police for suspicious behavior and the police make contact. Songstad continued with has there been any effort to get this done through the Sheriff's Dept. on a County wide basis with contract Cities? He added he thinks this should be on a County or even a State wide basis. Schroeder responded she and her collogues are going to individual cities but there is not a global effort aimed at contract cities but all the city attorneys are familiar with this effort. Songstad questioned how this would affect HOA parks that not city parks? Schroeder answered it would be up to the cities to write their ordinance as they see fit for each city. For example she said Rancho has gone to their Association and asked them to agree with it.


Mayor Pro Tem Carruth asked if Schroeder would address this with the League of Cities related to our Sheriff's deputies crossing over with other cities related to law enforcement. Schroeder said she and her collogues will go anywhere the cities ask them to go.


Barbara Kogerman asked what about ordinances that apply only to sex offenders who have molested children? Schroeder answered that makes no real sense because many sex offenders cross over from adults to children and noted that serial sex offender Rodney Alcala is a good example of that.


Kelly Hagins - from Lake Forest stated she was in the park with her son in Lake Forest and this man came in and was taking pictures and acting very strangely. (Editor's Note - We interviewed Kelly after the meeting and she told us the back story was that this man in the park was a sex offender for child pornography but not on parole or probation and because the City of Lake Forest had no ban on sex offenders in the park, although the police came when she called and wanted to help, there was nothing they could do.) Kelly said that this ordinance is an effective tool for all parents to use, if they see something happening, to get law enforcement involved. She said that since the incident in the park she has educated herself about these situations. She said sex offenders are addicts and these are crimes of opportunity where the offenders get bolder over time so banning only sex offenders that have molested children is not enough. She said the State is now cutting probation time for sex offenders in half so that is an additional concern. She urged the council to think seriously about adopting this tool for their citizens to use as needed. In response to a question from Mayor Pro Tem Carruth, Kelly said there has been no legal challenge to the County's ordinance yet and she believes we need to look at what's really important and put that first.  She said It's not about if a sex offender will care about a misdemeanor law cities are enforcing (Editor's note - this refers to a statement from Council Member Lautenschleger above) it's about getting one more of these people off the street.


Council Member Bressette seconded the motion and stated we have an obligation to protect children from what I think are some of the worst predators in society. He said he would rather take the risk of a future lawsuit than risk protecting our children. He said he read through the staff reports from other cities and none of them brought up the issue of constitutionality. He said CA penal code sec. 290 states the Registration process is used to be sure such offenders shall be readily available for police surveillance at all times because such offenders are deemed likely to commit similar offenses in the future and this ordinance creates a child safety zone for our children. He asked for a complete discussion of all ramifications and would like a strong penalty for violating the ordinance.


Council Member Carruth continued to speak for looking at this issue from a more regional perspective and exhausting that approach first and suggested our staff contact the League of Cities to have the item agendized for discussion there and asked for a substitute motion to do that. She also said the regional approach is a good one if you care about all the children. Mayor Songstad said he would second her motion. 


Council Member Kogerman said we can push this on a regional basis and still do what we need to do for our city. No reason we can't do both and we could be sued for anything, that is not a reason not to protect our children.


Greg Simonian, City Attorney stated that in his opinion the County's sex offender ordinance, is very unique in its simplicity. It creates child safety zones in a very simple manner and makes it a crime for a registered sex offender to enter city parks, which are places where children regularly gather, without written permission from the Sheriff. So, in that sense it's not an outright ban, it creates a check in, register and review and screen by the Sheriff and receipt of written permission. There is a misconception that it is an absolute ban. However, this is clearly an untested area of law. At this time there are no definitive judicial determinations in any CA. state or Federal Court concerning the validity of the locally imposed restrictions on the right of 290 registrants to enter into parks. There are no reported cases dealing with prohibiting those who are required to register as sex offenders pursuant to the section of the penal code 290 from being present in a park. That is a big difference between a presence and a residency restriction as we have seen in Jessica's Law. He continued with - In my opinion fair arguments can be made in support of such an ordinance, however no assurances can be provided to this City Council that such arguments will actually end up being adopted and agreed with by the courts if its legally challenged. It's an undeveloped area of the law. I can represent to the council based on my research similar types of ordinance approaches throughout the U.S. have both been upheld and rejected by various other courts and other jurisdictions.


There are constitutional issues that have been raised by several city attorneys and by several critics perhaps we could go through those issues when the council actually has an ordinance in front of them to see the issues being discussed. He said the biggest criticism he's heard is that it's overly broad covering too many 290 registrants and 290 crimes that do not involve minors. He said as far as he's aware the cities of Westminister and La Habra have copied the County's ordinance and Irvine adopted a modified version limiting it to 290 registrants convicted of crimes against minors. He said the City of San Diego already had a sex offender ordinance with residency and presence restrictions. The presence restriction was a prohibition of 290 registered sex offenders against from being within 300 feet of parks. The City of San Diego was sued in 2009 and as of a couple months ago that litigation was still pending. Mr. Simonian said it is his understand that the City of San Diego is considering repealing the presence restrictions to make the lawsuit go away. Several cities are currently studying this issue. Rancho Santa Margarita has vetted this issue and a version has been blessed in concept so RSM is currently awaiting word from its HOAs as to whether they will sign a written request for enforcement. There are no city owned parks in RSM. Those HOAs are now referring this to their legal council and consulting their CC and Rs. 


Mr. Simonian continued in response to a question from Council Member Kogerman that we could agendize this issue for future discussion and return at a future date to discuss it further. He said his office working with administrative services and with LH police services would return with a report that addresses many of these issues and present the County Sex Offender ordinance and any other model ordinance that is appropriate for consideration by this City Council. He said there would be a fair amount of data gathering involved. The County has requested that they Cities follow their ordinance and their ordinance is only applicable to the County owned, operated and maintained Parks. He suggested a return at the first meeting in Nov. with information and ordinance options.


Council Member Bressette said he thought it was inappropriate to keep kicking this can down the road related to it being a more regional issue because apparently every City is going to be a little different related to how they are organized, etc. Bressette suggested a substitute motion to return with a staff report and ordinance options for the first meeting in Nov. for the Council to consider plus notify the other cities for a more regional approach and hear what the Sheriff has to say. Kogerman said we have a letter from the Sheriff that is fully supportive.
VOTE was 5 - 0 to pass this motion. 
** If you want to be a part of the continued dialogue about banning Registered Sex Offenders from City Parks, please attend and communicate your opinions to members of the city council at the Nov. 5 City Council meeting, 7 p.m. at City Hall and you can contact city council members at ccouncil@ci.laguna-hills.ca.us .


MATTERS PESENTED by MAYOR and CITY COUNCIL MEMBERS -


Mayor Songstad - The League of Cities is filing a lawsuit on SB 89 that took $50 million from the County of Orange and County of Orange may be filing its own lawsuit.


Council Member Lautenschleger - Attended the League of Cities Conference. Discussion of how cities present themselves and using social media as a crime fighting tool. Thanks to Staff for Water Shed Clean Up Day.


Mayor Pro Tem Carruth pointed out problems with the new exit from I-5 and right turn lanes on Oso Parkway. She asked for education for residents rather than traffic tickets for this. Ken Rosenfield, City Engineer acknowledged driver confusion and suggested an article in City Views about this.


PUBLIC COMMENTS - Bill Enholm, Laguna Hills Resident spoke regarding the scheduled closed session meeting (noted below) to attempt to negotiate the City Manager's employment contract. Mr. Enholm stated he is very familiar with our City Manager's Employment Agreement and decided to do a little research on employment agreements. He explained that there are attorneys who represent the management and attorneys who represent the employee. He continued that he is more familiar with the management side so decided to walk a mile in Channing's shoes and do some research to see what's in this for the employee related to management contracts. Mr. Enholm said he summarized what he learned from his research in the following information: 


1. The City Manager can strategize over his departure with confidence


2. City Manager's should demand employment agreements and with sufficient leverage will get them.


3. Only an attorney could draft this line and wise executives walk away when they are told that the organization runs on trust and a handshake.


4. The worst thing you can do is have your attorney personally handle the negotiation and the best results are achieved when you have an experienced attorney advising you from the sidelines and you appear to be negotiating your own agreement. That's the strategy for getting the employment agreement you want on the City's nickel. 


5. Improving the terms of your employment agreement are all about correctly assessing and using your leverage. He said the favorite line he learned was that if you've accurately determined that your employer can't survive without you, ask for the sun, moon and stars and expect to get them all. If there are other candidates you may need to settle for a few nearby asteroids. Mr. Enholm added there are certainly more available candidates today than there were in 2003 when Bruce Channing's current Employment Agreement was drafted. Since 2003 that agreement remains unmodified except for salary increases and extra vacation day grants. 


6. There need to be as few grounds as possible for good cause termination and the conditions justifying termination to be as difficult as possible. Mr. Enholm remarked that there is not much here for the City and it is written purely from the perspective of what a City Manager should ask for.


7. The attorney didn't mention making the contract automatically renewable so that it never can expire. It is surprising how closely our City Manager's Employment Agreement conforms to the recommendations of this employee site expert. 


8. Mr. Enholm said the final thing he learned was that the goal of the employment agreement is to create a relationship that is unambiguously defined with all contingencies provided for and with a clear course to be followed at separation, but the details of the existing employment agreement are ambiguous. The rule of law is to never interpret ambiguity in favor of the draftsman. In other words the ambiguity would be interpreted in favor of the City Manager not the City and some of these ambiguities could cost the City millions of dollars.


Mr. Enholm concluded with a plea to the City Council Members going into this executive session to listen to counsel, don't be afraid to do the right thing and consider the final piece of advice of the author and attorney that I have been quoting, make this agreement fair and unambiguous. Revise it despite provisions that try to make it iron clad. Mr. Enholm   revealed the author of his information and the source of all his  newfound wisdom is none other than past Mayor and long time City Council Member Craig Scott.


Mr. Enholm added, "Please look out for the people of Laguna Hills, the people you were elected to represent. That doesn't mean you don't like our City Manager, we do like him, it just means we think he deserves an employment agreement and not a coronation."


Following his comments, Mr. Enholm asked to be able to be able to personally deliver copies of his research with details of the specific flawed areas he found in the contract directly to City Attorney Greg Simonian and to the attorney hired to work with the City Council on behalf of the citizens.  Mayor Songstad denied that request and directed that he must hand his information to the City Clerk to deliver to the two attorneys.


(Editor's note - after the 12/8/09 City Council Meeting Council Member Carruth, in the Laguna Hills Watch Dog, called for the following amendments to the City Manager's contract to plug Gaping Loopholes.- Council Member Carruth stated: This is the third year I have asked for amendments to the city manager contract. Listed are a few of the contract provisions which should be changed:


1. Limit city manager travel paid for by city to the US.


2. Cap the bonus amount awarded by the city council to the city manager(currently the city manager contract calls for 10% of base salary which means the bonus amount increases every year as his salary increases). He has been awarded a bonus every year.


3.  Eliminate "open-ended" contract provision for city manager car. Limit car purchase to set amount determined by city council and require city council approval before purchase. Under the current contract, Mr. Channing may purchase any car without council approval. (The $60,000 controversial car purchase was revealed to the council during a routine Warrant Register item on the consent calendar. I was not told of the purchase-not consulted, nor asked. It was not in the budget-it was not a budget discussion. Because it is a provision in the contract, the city manager is not required to get a vote from the council before purchasing a car...any car.)


CLOSED SESSION10.1 - Daniel C. Cassidy, City Council Designee and City Manager Bruce Channing are slated to discuss negotiation of Terms and Conditions of City Manager's Employment Contract. 


10.02 - Conference with Legal Counsel re. Anticipated Litigation.


The Next regular City Council Meeting is Tuesday October 11, 7 pm, at City Hall. Contact Laguna Hills City Council Members at - ccouncil@ci.laguna-hills.ca.us
================================


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.


Bressette P for voting for the Block Grant Fund for the Senior Center
CarruthP for voting for the Block Grant Fund for the Senior Center
Kogerman P for voting for the Block Grant Fund for the Senior Center, A+ Extra Credit for pursuing an update from the City for the Citizens related to the Coyote Problem, getting it agendized it for public input and prompting the City to track reported sightings of coyote problems from citizens, A for authoring an Ordinance to discuss the establishment of Child Safety from Sex Offender Zones in City Parks to protect Citizens.
Lautenschleger - P for voting for the Block Grant Fund for the Senior Center,
Songstad P for voting for the Block Grant Fund for the Senior Center
City Manager - P for obtaining and processing the Block Grant Fund for the Senior Center, F for failing to track the coyote problem sightings from Citzens from Dec. of 2010, F for failing to agendize the Coyote Problem for input by citizens as promised in Dec. of 2010,  P for the Community Services Director taking an honest look at the City's charges for classes conducted at the Community Center. F for not volunteering for good faith negotiations to cutting back on excesses in the City Manager's Employment Contract.


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//


September 28 - Baja Fresh (LH) - 10:30 am to 9 pm Moulton and La Paz


October 5 - Pei Wei Asian Diner (LF) - 10 am to 11 pm El Toro and Rockfield
October 12 - Habit Burger (LF) - to be announced El Toro and Rockfield
October 19 - Villa Roma (LH) - 11 am to 9 pm La Paz and McIntyre
October 26 - On the Border (AV) 11 am to 9 pm Aliso Viejo Towne Center
**Don't forget to "LIKE" us on Facebook and help spread the word - http://www.facebook.com/pages/Win-Win-Wednesdays/188686554512301?ref=ts


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 Marines Support Committee would like to thank the community so much for their very generous donations of baby items for the Baby Shower for the City's Adopted 3/5 Marines who are expecting some new babies beginning in about January/February of 2012 post their return from deployment to Afghanistan in April/May of 2011. A special thank you to the Canyon View Elementary School in Aliso Viejo where the kids, parents and school employees collected 2 large barrels of baby items and thank you to all the citizens who called us to their homes to donate large items. More than a pick up truck full was collected and delivered on Sat. Oct. 1, 2011.


A huge thanks goes out to Teresa Bonutto and LHHS Teen Dark Horse for collecting and delivering more that 70 gowns to the 3/5 Marines for use at the Marine Corps Birthday Ball coming up in Nov. Another very special thanks to a generous and delighted 3/5 Dark Horse Support Committee Member Evan Gost who just delivered his gorgeous refinished Monkey Pod Bar and Bar Stools to the 3/5 in Camp Pendleton to be used by the all the Marines at Task Force San Mateo. This bar was donated with a plaque that says it is in honor of the members of the US Military Services who have made the ultimate sacrifice for their country with a special tribute to the 25 brave members of the Dark Horse Battalion who were killed in action in Sept. 2010 through March of 2011. Evan wrote, "It is requested that when you raise your glass at this bar, you pause for a moment and pay respect to those who have fought and died for our country." 


The history of this bar goes back to 1966 when a young Navy transport pilot, Evan Gost, acquired it in the Philippines and since that time this bar became a favorite social gathering place for military personnel on numerous military bases. Evan states the bar learned to tolerate civilians but was always favored the military. The bar spent some time in CA. servicing various family members but it's last stop is now Camp Pendleton where it, with all its history attached, will be happiest again serving the enthusiastic socially active military members that it truly favors.


If you would like to invite some 3/5 Marines for Thanksgiving, please contact Mike Bland at 35bland@gmail.com by October 10th. All he needs for now is your name, address and how many Marines you would like to join you for Thanksgiving. 


The 3/5 Marine Christmas Party is December 2nd, so look for the toy collection boxes around November 1st at City Hall, the Community Center, the Nellie Gail HOA Club House and any other HOA's that would like to participate. Last year Team Dark Horse delivered over 600 toys/gifts to our adopted Marine Battalion


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

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

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
Councilwoman: Public pay report inaccurate, self serving
http://www.ocregister.com/news/city-299908-report-council.html
After attacks, city-manager-compensation sleuths win state award March 21st, 2011, posted by Teri Sforza, Register staff writer
http://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.
OCREGISTER: Laguna Hills councilwoman says no to health benefits http://www.ocregister.com/news/city-282972-benefits-council.html
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: 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."
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/



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: http://www.ocregister.com/news/block-300013-disturbance-drive.html and go to - www.ocregister.com/saddleback for more.



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.




9 comments:

Anonymous said...

Summary of Laguna Hills City Council Meeting

7:00 Call to Order

Pledge of Allegiance
City Employees in attendance outnumber spectators 3:1.
Why are they all there? Must be 2:1 Comp Time.
If a tree falls in a LH City Council meeting does anyone hear it?

Report from Laguna Hills High School Liaison
Is this a Kiwanis Meeting?

Consent Calendar
Cutting check to CalTrans for $1MM, can't influence what trees they plant.
Tough luck if Hills Hotel disappears.
Does Ken Rosenfield really need to address the Mayor and Council like royalty?

Coyote Response Efforts
One expert recommends don't pet them.
Another expert recommends do pet them.
Trapping works. Luckily no animal rights activists in attendance.

Vacancy in Parks Commission
Mayor Songstad points out resignee is moving to be closer to family and "that's a good thing"

1-year Recreation Class Study
Since increasing non-resident fees, attendance is down.
Could be the economy or maybe the classes suck?
Why do we subsidize non-resident attendance at classes that compete with local business?

Establish "Safe Zones" for children in City Parks
Orange County DA wants Laguna Hills to mirror OC ordinance and make Registered Sex Offenders get written approval from Sheriff before hanging out in parks and playing on the swing sets.

This should be a "no brainer". Wrong
Barbara Kogerman's idea = Songstad and Lautenwhatever hate it.
Melody Caruth wants a global solution.
Allan Songstad wants to know how this will impact Ladera Ranch(?)
Randy "do the right thing" Bressette wants to pass it.
Even convicted felons won't let child molesters play in their park.
1-hour later - is this really controversial? But Registered Sex Offenders have rights too?
Did I wander into a ACLU meeting by accident?
Maybe coyotes can be trained to eat Registered Sex Offenders?

New Business
Apparently Melody Caruth got a traffic ticket on Oso - much concern about lane markings.
Note to self - don't take Oso exit.
Does Ken Rosenfield really need to address the Mayor and Council like royalty?

City Manager's Employment Agreement
Enholm is finally allowed to speak.
No one cares.
Allan Songstad apparently failed Dale Carnegie, but his head sure is shiny.

9:00 meeting adjourned.

Anonymous said...

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Anonymous said...

8.1.1
Did Council Member Lautenschleger really say: "Let's make one thing perfectly clear, there have been no sex crimes against children in the City since we incorporated."
Really? The children are all lying?

http://www.orangecountycriminallawyerblog.com/2011/09/laguna-hills-priest-arrested-f.html

And in the following article:

“Swim Venture’s business phone number is now that of Atlantis, as are its offices in Laguna Hills.”
http://ranchosantamargarita.patch.com/articles/swim-coach-facing-rape-charges-is-tied-to-new-swim-company

I know the argument, not convicted…….yet.

Anonymous said...

I can't believe the safe zones for children in City Parks item was controversial. So what if our City includes HOA's. We didn't ask their permission before passing the no fireworks ordinance or the can't park an RV on the street ordinance. But we need their
permission to protect children from Registered Sex Offenders? I can't even believe Joel's statement. I can't believe that Melody wants to wrap this in with Obamacare. Songstad doesn't see solutions just problems. We looked like idiots to the woman from the DA's office and the woman who is trying to champion this cause.

Anonymous said...

The Employment Agreement for the City Manager does appear to be carefully drafted with Craig Scott's help. The careful crafting of the March renewal date and the June effective date, the 30-month initial term, the passive renewal, the 6-month "cooling off" period and no way to avoid a severance option are extremely advantageous for the City Manager but not for the City and the taxpayers. The mistake or ambiguity over the severance multiplier could be intentional. The 13-month maximum and the reference to multiplying by Channing's monthly salary could be a smokescreen for the option Channing really would take which is to give written notice when the unexpired term is less than 13-months and the multiplier is applied to "base pay" which is an annual number. That way he walks away with more than $2 Million.

Anonymous said...

Did you get the notice Edison is installing smart meters/spyware on your house call 1-800- 810-2369 to get on the delay installation list until the PUC rules http://www.ocregister.com/news/-140329-ocprint--.html The line from this OC Register news story that really ticks me off is - “I'm doing the job my government is supposed to be doing,” Homan said. “I feel like they failed me and I'm doing the job of informing the citizens.” We elect people to represent us and their shtick is that protecting the safety of the public is one of the highest duties of Government, but then we get this. Our City fought vigorously at our expense to protect their total compensation but for us they continue with the long playing old standard of everything in the city is safe and good, no need for any changes, and no need to look at what they're doing because it's all good. Kogerman has brought up issues and helped to do what she can, considering she has so little support from the rest of the council, but we are also not being protected by the County or the State or anywhere that I know of related to these issues. Where is "independent" research proving all this is safe? The attitude appears to be convenience rules so do it first and if it's not safe deal with that later. Collectively there are so many of these electromagnetic and microwaves, coming at us all the time now. Qur cities just roll over and tell us it's perfectly safe and all they can do is make it look prettier with landscaping because the rest is out of their control. They belong to large organizations like the League of Cities that they could use to help with issues like this but that doesn't happen. Take Heed! This is VERY Scary!! http://goldsilver.com/video/smart-meters/

Anonymous said...

The citizens of Yorba Linda must be laughing at us: http://articles.latimes.com/1999/oct/21/local/me-24704 And their former City Manager’s lawyer was …….wait for it……..Craig Scott http://articles.latimes.com/1999/dec/08/local/me-41670

Anonymous said...

From County Supervisor Pat Bates on 10-7-11
Rancho Santa Margarita Repeats as Safest City

The FBI’s 2010 Uniform Crime Report has listed the City of Rancho Santa Margarita as the safest city in the State of California for cities with a population greater than 20,000 residents. This is the tenth consecutive year Rancho Santa Margarita has been identified as one of the safest communities in Orange County and the State.

Anonymous said...

From County Supervisor Pat Bates' 10-7-11 Report.

Additionally, the Board approved two new policies that enhance the role of your elected officials and is designed to prevent both excessive salaries and an inflated number of top level management positions.

The first policy limits the number of discretionary pay raises to a maximum of one per year. The second policy requires Board approval for all new or reallocated executive management positions.

What new policies are there in Laguna Hills to correct now and prevent in the future having the highest compensated City Manager and Assist. City Manager in the County?