Laguna Hills Watch Dog
Nov. 22, 2011 - Laguna Hills City Council Meeting
Nov. 22, 2011 - Laguna Hills City Council Meeting
Council Member Joel Lautenschleger was absent, all others 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
Citizen Alerts for future Council Meetings will be published on this blog site within 4 days prior to each council meeting. Next regular City Council Meeting is Tuesday December 13, 7 pm, at City Hall Please attend a City Council Meeting to speak or send e-mails to the Council Members at ccouncil@ci.laguna-hills.ca.us
HEADLINES: City Employees Join a Union, Ordinance for Safety Zones from Registered Sex Offenders for Children in City Parks, Seeking Authority for City's Community Development Director to be able to regulate liquor licenses in the City, Request from City's Adopted Marines Support Group to utilize the Memorial Day Race for funding. *** We have also learned that we are losing our Laguna Hills Police Chief soon - Lt. Steve Doan has received a promotion to Captain and will be leaving us. Congratulations to him, he will be missed!
PRESENTATIONS and PROCLAMATIONS - Recognition of Vern Jones, Community Development Director for his service to the City. After 11 years of service Vern Jones has decided to retire effective Dec. 2, 2011. The City gave Vern a Resolution recognizing his service to the City and a plaque. Vern has overseen the Planning, and Building Code Enforcement as well as guiding the City through the update of the City's General Plan. The resolution states that Vern has given exemplary dedication to the best interests of the City and is highly commended for the manner in which he has carried out his duties. (Editor's Note - We at the Laguna Hills Watch Dog who have watched and listened to Vern's Planning Commission Reports over the past 8 years agree with the City's resolution about Vern and congratulate Vern for his incredible patience in repeatedly listening to and guiding businesses, citizens and especially the City Council through all the functions involved with approval of plans for building, renovation, signage and landscaping in the City, particularly all of those dreaded signage issues. We can only imagine he will never miss the signage issues and we believe he could have very successfully acted as the planning commission by himself. Fly free Vern, and enjoy, but if you ever crave another 2 hour discussion of the shade of green of letters on a sign you can now listen to the City's new online audio of the council meetings - a real win-win for you! We really will miss you and - We only "slightly" exaggerated about the signage!)
Vern said, Thank you, it's truly been a pleasure to work and serve this City and this Community for 11 years. It's an amazing team.
Appointment and Oath of Office was conducted for new Parks and Recrecations Commissioner Farid Tabrizy who will be completing the term of Carol Meyers, through Jan. 31, 2013. Congratulations to Mr. Tabrizy and welcome.
Orange County Human Relations Council Annual Report - from Mr. Ken Inouye Commissioner. This report is on data collected by the Human Relations Council specific to hate crimes and incidents, mediations and various programs. Ken said following 9-11 there were hate crimes in the County targeting people including children perceived to be Muslim or Arab. The HRC partners with cities to chart a course for a future where we are made stronger by adversity through mediating conflict, safety at schools, developing diverse leaders and increasing respect and building understanding and respect among all residents. They provide human relations training for police officers, hate crime training, and providing a voice of civility through reason and respect, and community forums and educational programs open to the public. He reported there were no Hate Crimes or Incidents in Laguna Hills in the year 2010 and 2 Laguna Hills students participated in their year long Human Relations Program. In answer to Mayor Pro-Tem Carruth's questions, Ken added that young people and schools can participate in this program by contacting the HRC office and the HRC does include Gay, Lesbian (LGBT) issues for schools.
PUBLIC COMMENTS - Mike Bland, 28 year Laguna Hills Citizen and President of Team Dark Horse, the City's Support Committee for the City's Adopted 3/5 Marines, said he and his wife just completed the City's 8 week Emergency Preparedness Program. He noted that our Laguna Hills Police Chief Doan was there and the Battalion Chief, and we learned a lot. He thanked the City for this opportunity for citizens and noted there was a mock disaster drill on the last night where we learned we were not as sharp as we thought we'd be. He noted that John Park, Nellie Gail Ranch HOA Board Member who works on the disaster plan for the Nellie Gail Community attended this program too.
Mike continued with an update on the Support Committee for the City's Adopted 3/5 Marines. He said the Christmas Party for the 3/5 is on Dec. 2, with about 20 community members going to Camp Pendleton to assist with the party and to distribute the toys and gifts. He noted that the Thanksgiving Program for having Marines for Thanksgiving for the first time this year had some glitches. He said there were over 150 invitations from the community to host Marines, but only about 4 Marines who signed up as needing a place to go. He said next year they will do something different but acknowledged again the tremendous generosity of the citizens in reaching out to the Marines. He also announced that the 3/5 Marines Support Group has completed their business plan and provided copies for all the council members. He added it is a living document and changes will be made in the 5 year proposed budget.
Mav Bressette - Laguna Hills Citizen, commented that the last City Council Meeting motivated her to create "Pulse of Laguna Hills" a social networking system to survey the citizens of Laguna Hills. Two issues at the last meeting were not completely resolved, the child molestation in the parks issue and the issue of automatic financial support for the 3/5 Marines from the Memorial Day Event. She said she sent out the first survey questions regarding those 2 issues and received 241 responses from people she did not know. She asked for comments on the "rights of child molesters" and on "military indifference". She said results showed that rights of child molesters are out and military indifference is out but Patriotism (military support) and Altruism are in. Council Member Kogerman asked how this was done and Mav answered through e-mails and Twitter which is all being created at this time with the help of a client of her's. Kogerman also asked will the council know what these questions will be each time and is there a Twitter address? Mav responded there is not a Twitter address yet and she is looking at combining with community blogs and other community media including HOAs (Homeowner's Associations) so everyone can access the survey through a link. She added that the plan is to run the surveys to every person in Laguna Hills belonging to an HOA to allow their input on issues, to get a "Pulse of Laguna Hills" going for the City. She noted that the council will be aware of the questions through having access to the survey as citizens.
LHHS STUDENT LIAISON REPORT by Kylie West (alternate Jeena Bonutto) - Kylie said the Life Skills Program teacher Mrs. Hunt and her students won the Green Planet's first annual Recycling Champion Award for all the recycling they do on campus and Kylie noted that every year LHHS is becoming more environmentally conscious. Sports fund raisers are going on. The Pep Squad fund raiser is having their first one at CA. Pizza Kitchen on Tues. Dec. 29 - download their flyer from the HAWK HAPPENINGS web site and bring it with you anytime all day to CA. Pizza Kitchen and 20% of proceeds will go to the Pep Squad. No Win Win Wednesday this week due to Thanksgiving but Win Win Wed. has 3 partners - It's a Grind Coffee House, Alpha Cleaners and Golden Baked Ham who participate all the time by donating a portion of the proceeds to the PTSA. Just download the flyers to any or all of these 3 places from http://www.winwinwednesdays.com// and hand their flyer to them when you use their products or services and they will donate. On Tues. Dec. 6, the 4th annual dinner duel vs El Dorado will be at 6:30 pm. for the Wrestling team which is rated #1 in Orange County for the 6th consecutive year. There will be a lot of options for the catered dinner. You can download the flyer and ticket order form on the HAWK HAPPENINGS web site. Also, there is the annual Instrumental Concert, Dec. 9 at 7 pm at Laguna Woods Club House #3 - more info. at http://lhhsmusic.com/Home.html - this is the major fund raiser for the instrumental music program. People can also advertise their business in the music program for the event - see more on the web site. Last - This Sat., Nov. 26 is the annual Turkey Bowl - boy's varsity soccer against the alumni at 11 am. Tickets are $5.
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 = $1,008,530.15
Items of interest from the Warrant Register - Faubel Public Affairs, $3,943.95 for Winter 2011 Edition of City Views/Activity Guide.
Items of interest from the Consent Calendar -
4.3 - Neighborhood Tree Planting Program Contract Services - Request for the Council to authorize West Coast Arborists, Inc. $61,280 for Neighborhood Tree Planting Program - Staff Report says this is funded by a grant from the State of CA. Dept. of Forestry and Fire Protection for the planting of 600, 15 gallon trees (the type of tree is not stated) including watering for a year plus 2 years of maintenance. Tree planting to occur in Dec. of 2011 with 500 trees planted in the neighborhood bounded by Alicia Pkwy. Paseo de Valencia, La Paz Rd. and I-5 and 100 trees planted on the bike trail open space parallel to Alicia Pkwy. between Via Lomas St. and Moulton Pkwy. Report states there is an option for residents to drop out of having a tree planted in front of their home.
4. 4 - Measure M2 Traffic Signal Synchronization Program Grant Applications for Paseo de Valencia, Oso Pkwy. and Lake Forest Dr. Report states previous similar programs have resulted in "up to a 20% time savings for through traffic" on the arterial highway being synchronized. Report states OCTA Measure M2 project P grant funds cover 80% of the project costs. City estimates are an additional $150,000 for the streets named above plus Los Alisos Blvd., that the City of Mission Viejo is preparing and sponsoring, for traffic signal synch.
4.5 - Progress payment # 1 for Avenida de la Carlota widening project - $54,665.46
4.6 - Progress payment # 8 for La Paz R. widening at I-5 - $162,929.37
Items Pulled from the Consent Calendar for Discussion - Council Member Bressette pulled Item 4.3 Neighborhood Tree Planting. - VOTE - The rest of the Consent Calendar was passed 4-0
Council Member Bressette asked what the options are if a neighborhood doesn't want the trees? He also asked if there are any trees left over might they go along Paseo de Valencia between Alicia and Los Alisos?
Ken Rosenfield, Director of Public Services, City Engineer answered - the City received calls from residents who were not interested and residents do need to take ownership of their trees long term. The trees will be watered by the City for the 1st year but continued water and nuturing needs to come from the residents. An opt out option was sent to those who had said they didn't want a tree and the City is waiting for responses now. Trees can be shifted to other locations. There are 750 potential spaces for trees and about 500 new trees. He said if this becomes a significant problem they may need to do more education for the residents about the benefits of trees for the community and their own properties. Ken noted that planting left over trees along Paseo de Valencia between Alicia and Los Alisos is a possible option. VOTE - this item passed 4 -
==============================
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
Citizen Alerts for future Council Meetings will be published on this blog site within 4 days prior to each council meeting. Next regular City Council Meeting is Tuesday December 13, 7 pm, at City Hall Please attend a City Council Meeting to speak or send e-mails to the Council Members at ccouncil@ci.laguna-hills.ca.us
HEADLINES: City Employees Join a Union, Ordinance for Safety Zones from Registered Sex Offenders for Children in City Parks, Seeking Authority for City's Community Development Director to be able to regulate liquor licenses in the City, Request from City's Adopted Marines Support Group to utilize the Memorial Day Race for funding. *** We have also learned that we are losing our Laguna Hills Police Chief soon - Lt. Steve Doan has received a promotion to Captain and will be leaving us. Congratulations to him, he will be missed!
PRESENTATIONS and PROCLAMATIONS - Recognition of Vern Jones, Community Development Director for his service to the City. After 11 years of service Vern Jones has decided to retire effective Dec. 2, 2011. The City gave Vern a Resolution recognizing his service to the City and a plaque. Vern has overseen the Planning, and Building Code Enforcement as well as guiding the City through the update of the City's General Plan. The resolution states that Vern has given exemplary dedication to the best interests of the City and is highly commended for the manner in which he has carried out his duties. (Editor's Note - We at the Laguna Hills Watch Dog who have watched and listened to Vern's Planning Commission Reports over the past 8 years agree with the City's resolution about Vern and congratulate Vern for his incredible patience in repeatedly listening to and guiding businesses, citizens and especially the City Council through all the functions involved with approval of plans for building, renovation, signage and landscaping in the City, particularly all of those dreaded signage issues. We can only imagine he will never miss the signage issues and we believe he could have very successfully acted as the planning commission by himself. Fly free Vern, and enjoy, but if you ever crave another 2 hour discussion of the shade of green of letters on a sign you can now listen to the City's new online audio of the council meetings - a real win-win for you! We really will miss you and - We only "slightly" exaggerated about the signage!)
Vern said, Thank you, it's truly been a pleasure to work and serve this City and this Community for 11 years. It's an amazing team.
Appointment and Oath of Office was conducted for new Parks and Recrecations Commissioner Farid Tabrizy who will be completing the term of Carol Meyers, through Jan. 31, 2013. Congratulations to Mr. Tabrizy and welcome.
Orange County Human Relations Council Annual Report - from Mr. Ken Inouye Commissioner. This report is on data collected by the Human Relations Council specific to hate crimes and incidents, mediations and various programs. Ken said following 9-11 there were hate crimes in the County targeting people including children perceived to be Muslim or Arab. The HRC partners with cities to chart a course for a future where we are made stronger by adversity through mediating conflict, safety at schools, developing diverse leaders and increasing respect and building understanding and respect among all residents. They provide human relations training for police officers, hate crime training, and providing a voice of civility through reason and respect, and community forums and educational programs open to the public. He reported there were no Hate Crimes or Incidents in Laguna Hills in the year 2010 and 2 Laguna Hills students participated in their year long Human Relations Program. In answer to Mayor Pro-Tem Carruth's questions, Ken added that young people and schools can participate in this program by contacting the HRC office and the HRC does include Gay, Lesbian (LGBT) issues for schools.
PUBLIC COMMENTS - Mike Bland, 28 year Laguna Hills Citizen and President of Team Dark Horse, the City's Support Committee for the City's Adopted 3/5 Marines, said he and his wife just completed the City's 8 week Emergency Preparedness Program. He noted that our Laguna Hills Police Chief Doan was there and the Battalion Chief, and we learned a lot. He thanked the City for this opportunity for citizens and noted there was a mock disaster drill on the last night where we learned we were not as sharp as we thought we'd be. He noted that John Park, Nellie Gail Ranch HOA Board Member who works on the disaster plan for the Nellie Gail Community attended this program too.
Mike continued with an update on the Support Committee for the City's Adopted 3/5 Marines. He said the Christmas Party for the 3/5 is on Dec. 2, with about 20 community members going to Camp Pendleton to assist with the party and to distribute the toys and gifts. He noted that the Thanksgiving Program for having Marines for Thanksgiving for the first time this year had some glitches. He said there were over 150 invitations from the community to host Marines, but only about 4 Marines who signed up as needing a place to go. He said next year they will do something different but acknowledged again the tremendous generosity of the citizens in reaching out to the Marines. He also announced that the 3/5 Marines Support Group has completed their business plan and provided copies for all the council members. He added it is a living document and changes will be made in the 5 year proposed budget.
Mav Bressette - Laguna Hills Citizen, commented that the last City Council Meeting motivated her to create "Pulse of Laguna Hills" a social networking system to survey the citizens of Laguna Hills. Two issues at the last meeting were not completely resolved, the child molestation in the parks issue and the issue of automatic financial support for the 3/5 Marines from the Memorial Day Event. She said she sent out the first survey questions regarding those 2 issues and received 241 responses from people she did not know. She asked for comments on the "rights of child molesters" and on "military indifference". She said results showed that rights of child molesters are out and military indifference is out but Patriotism (military support) and Altruism are in. Council Member Kogerman asked how this was done and Mav answered through e-mails and Twitter which is all being created at this time with the help of a client of her's. Kogerman also asked will the council know what these questions will be each time and is there a Twitter address? Mav responded there is not a Twitter address yet and she is looking at combining with community blogs and other community media including HOAs (Homeowner's Associations) so everyone can access the survey through a link. She added that the plan is to run the surveys to every person in Laguna Hills belonging to an HOA to allow their input on issues, to get a "Pulse of Laguna Hills" going for the City. She noted that the council will be aware of the questions through having access to the survey as citizens.
LHHS STUDENT LIAISON REPORT by Kylie West (alternate Jeena Bonutto) - Kylie said the Life Skills Program teacher Mrs. Hunt and her students won the Green Planet's first annual Recycling Champion Award for all the recycling they do on campus and Kylie noted that every year LHHS is becoming more environmentally conscious. Sports fund raisers are going on. The Pep Squad fund raiser is having their first one at CA. Pizza Kitchen on Tues. Dec. 29 - download their flyer from the HAWK HAPPENINGS web site and bring it with you anytime all day to CA. Pizza Kitchen and 20% of proceeds will go to the Pep Squad. No Win Win Wednesday this week due to Thanksgiving but Win Win Wed. has 3 partners - It's a Grind Coffee House, Alpha Cleaners and Golden Baked Ham who participate all the time by donating a portion of the proceeds to the PTSA. Just download the flyers to any or all of these 3 places from http://www.winwinwednesdays.com// and hand their flyer to them when you use their products or services and they will donate. On Tues. Dec. 6, the 4th annual dinner duel vs El Dorado will be at 6:30 pm. for the Wrestling team which is rated #1 in Orange County for the 6th consecutive year. There will be a lot of options for the catered dinner. You can download the flyer and ticket order form on the HAWK HAPPENINGS web site. Also, there is the annual Instrumental Concert, Dec. 9 at 7 pm at Laguna Woods Club House #3 - more info. at http://lhhsmusic.com/Home.html - this is the major fund raiser for the instrumental music program. People can also advertise their business in the music program for the event - see more on the web site. Last - This Sat., Nov. 26 is the annual Turkey Bowl - boy's varsity soccer against the alumni at 11 am. Tickets are $5.
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 = $1,008,530.15
Items of interest from the Warrant Register - Faubel Public Affairs, $3,943.95 for Winter 2011 Edition of City Views/Activity Guide.
Items of interest from the Consent Calendar -
4.3 - Neighborhood Tree Planting Program Contract Services - Request for the Council to authorize West Coast Arborists, Inc. $61,280 for Neighborhood Tree Planting Program - Staff Report says this is funded by a grant from the State of CA. Dept. of Forestry and Fire Protection for the planting of 600, 15 gallon trees (the type of tree is not stated) including watering for a year plus 2 years of maintenance. Tree planting to occur in Dec. of 2011 with 500 trees planted in the neighborhood bounded by Alicia Pkwy. Paseo de Valencia, La Paz Rd. and I-5 and 100 trees planted on the bike trail open space parallel to Alicia Pkwy. between Via Lomas St. and Moulton Pkwy. Report states there is an option for residents to drop out of having a tree planted in front of their home.
4. 4 - Measure M2 Traffic Signal Synchronization Program Grant Applications for Paseo de Valencia, Oso Pkwy. and Lake Forest Dr. Report states previous similar programs have resulted in "up to a 20% time savings for through traffic" on the arterial highway being synchronized. Report states OCTA Measure M2 project P grant funds cover 80% of the project costs. City estimates are an additional $150,000 for the streets named above plus Los Alisos Blvd., that the City of Mission Viejo is preparing and sponsoring, for traffic signal synch.
4.5 - Progress payment # 1 for Avenida de la Carlota widening project - $54,665.46
4.6 - Progress payment # 8 for La Paz R. widening at I-5 - $162,929.37
Items Pulled from the Consent Calendar for Discussion - Council Member Bressette pulled Item 4.3 Neighborhood Tree Planting. - VOTE - The rest of the Consent Calendar was passed 4-0
Council Member Bressette asked what the options are if a neighborhood doesn't want the trees? He also asked if there are any trees left over might they go along Paseo de Valencia between Alicia and Los Alisos?
Ken Rosenfield, Director of Public Services, City Engineer answered - the City received calls from residents who were not interested and residents do need to take ownership of their trees long term. The trees will be watered by the City for the 1st year but continued water and nuturing needs to come from the residents. An opt out option was sent to those who had said they didn't want a tree and the City is waiting for responses now. Trees can be shifted to other locations. There are 750 potential spaces for trees and about 500 new trees. He said if this becomes a significant problem they may need to do more education for the residents about the benefits of trees for the community and their own properties. Ken noted that planting left over trees along Paseo de Valencia between Alicia and Los Alisos is a possible option. VOTE - this item passed 4 -
PLANNING AGENCY - Administrative Reports - None
PLANNING AGENCY PUBLIC HEARINGS - None
Planning Agency Public Comments - None
CITY COUNCIL PUBLIC HEARINGS - None
ADMINISTRATIVE REPORTS -
7.2.1 Employee Representation by Laguna Hills City Employees Association -
Staff Recommendation - A Resolution of the City Council recognizing Laguna Hills City Employee's Association as the exclusive representative of the City's full time and extended part time non management and non confidential employees.
The Staff report was presented by Assistant City Manager Don White - The Staff Report states - All full time and extended part time non management and non confidential employees have signed and submitted a petition to the Assistant City Manager Don White expressing interest in being represented by an employee organization - CEA City Employees Associates. Their representative is Robin Nahin who has met with Assist. City Manager Don White.
While the employees will be represented by this larger employee association in matters involving discipline and bargaining for compensation and benefits, they are forming a smaller subgroup called the Laguna Hills City Employees Association ("LHCEA"). They are seeking recognition by the City Council pursuant to Government Code Section 3507.1(c). Pursuant to this section of the Meyers-Milias-Brown Act ("MMBA"), the City Council must recognize the employee association as the bargaining representative for the reasons explained in more detail below. Staff, therefore, recommends that the City Council adopt the attached Resolution recognizing LHCEA as the exclusive bargaining representative for the City's full-time and extended part-time non-management and non-confidential employees.
BACKGROUND:
The MMBA governs labor-management relationships within California local governments. Cities, along with counties and special districts, are covered by the law, which is set forth in Government Code Sections 3500-3510. The City's employees have not been previously
represented by an employee organization. Based on their recent interest in forming such an organization, they have taken the first step in the certification process by filing a petition with City staff responsible for administration of employment. Representation by LHCEA and labor issues. That petition should and does contain information pertaining to the employee organization, its bylaws, officers and purpose as well as information relating to the number and classifications of employees interested in being represented by the organization. All of the City's full-time and extended part-time non-management employees have signed the petition.
PLANNING AGENCY PUBLIC HEARINGS - None
Planning Agency Public Comments - None
CITY COUNCIL PUBLIC HEARINGS - None
ADMINISTRATIVE REPORTS -
7.2.1 Employee Representation by Laguna Hills City Employees Association -
Staff Recommendation - A Resolution of the City Council recognizing Laguna Hills City Employee's Association as the exclusive representative of the City's full time and extended part time non management and non confidential employees.
The Staff report was presented by Assistant City Manager Don White - The Staff Report states - All full time and extended part time non management and non confidential employees have signed and submitted a petition to the Assistant City Manager Don White expressing interest in being represented by an employee organization - CEA City Employees Associates. Their representative is Robin Nahin who has met with Assist. City Manager Don White.
While the employees will be represented by this larger employee association in matters involving discipline and bargaining for compensation and benefits, they are forming a smaller subgroup called the Laguna Hills City Employees Association ("LHCEA"). They are seeking recognition by the City Council pursuant to Government Code Section 3507.1(c). Pursuant to this section of the Meyers-Milias-Brown Act ("MMBA"), the City Council must recognize the employee association as the bargaining representative for the reasons explained in more detail below. Staff, therefore, recommends that the City Council adopt the attached Resolution recognizing LHCEA as the exclusive bargaining representative for the City's full-time and extended part-time non-management and non-confidential employees.
BACKGROUND:
The MMBA governs labor-management relationships within California local governments. Cities, along with counties and special districts, are covered by the law, which is set forth in Government Code Sections 3500-3510. The City's employees have not been previously
represented by an employee organization. Based on their recent interest in forming such an organization, they have taken the first step in the certification process by filing a petition with City staff responsible for administration of employment. Representation by LHCEA and labor issues. That petition should and does contain information pertaining to the employee organization, its bylaws, officers and purpose as well as information relating to the number and classifications of employees interested in being represented by the organization. All of the City's full-time and extended part-time non-management employees have signed the petition.
Once filed, the City Council must then adopt a Resolution recognizing LHCEA as the exclusive bargaining representative. (California Government Code Section 3507.1(c)). In the City's case, there is no need for an election because: (1) the employees have not been previously represented, and (2) there are no competing associations seeking to represent the City's employees.
Pursuant to Government Code Section 3507.5, a local agency can also adopt rules and regulations providing for designation of management and confidential employees of the public agency and restricting such employees from representing any employee organization which represents other employees of the public agency on matters within the scope of representation. The MMBA does not set forth which employees are considered confidential. However, typically, such employees include those who have access to non-public information relating to personnel matters. Therefore, those who administer benefits would likely not be considered "confidential", but those with access to confidential non-public information pertaining to such matters as decisions relating to discipline would be. Therefore, staff recommends that the position of "Administrative Assistant – City Manager" be removed from the bargaining unit. Other positions which will be excluded are management, temporary part-time and seasonal positions. Once the City Council has recognized LHCEA by adopting the attached Resolution, City staff can begin drafting an Employer-Employee Relations Resolution which will set forth the City's rules and regulations for bargaining and other matters including unit modifications.
Council Member Kogerman asked if this organization (CEA City Employees Associates) is part of another organization such as the Labor Council, the AFLCIO or the Orange County Employees' Assoc. and what can we expect to happen now? Assist. City Manager Don White responded, it is his understanding that it is independent of those organizations. Barbara Raileanu, Lead attorney in labor and employment law, with particular emphasis on public employees, from the City Attorney's office, was available for questions - and she answered that the status quo would remain unless the council wishes to make any changes to benefits, wages, hours, etc. Some changes get an immediate response and others can take up to a year and there is a process required for making changes.
Mayor Pro-Tem Carruth asked about a contract and if the employee association would initiate changes for this and how will the City Council be involved in the bargaining process? Barbara Raileanu responded the process would be the employee association would approach city staff and say they'd like to make some changes so would like to have a contract in place. They would then present their proposal to the council and it's up to council to review the proposals and make counter offers, use labor negotiators, etc. She said the city council can be as involved as it wishes to be in the process.
Council Member Kogerman asked what is done in closed session as opposed to open session related to discussions between the association and city staff related to salary negotiations and policies, etc. Barbara Raileanu responded negotiations are in closed sessions but ratification of what is decided is in open session. She said it is important that before you go into closed session you need to designate your labor negotiators in open session. She said negotiations can usually take from one month to a year depending upon how contentious the situation is.
Mayor Songstad stated, We don't really have any choice but to support the staff recommendation. "I think it's extremely unfortunate that we've come to this point. We've gone 20 some years without an employee association and it's unfortunate that the city employees feel threatened enough that they want to take this action."
Mayor Pro-Tem Carruth asked about a contract and if the employee association would initiate changes for this and how will the City Council be involved in the bargaining process? Barbara Raileanu responded the process would be the employee association would approach city staff and say they'd like to make some changes so would like to have a contract in place. They would then present their proposal to the council and it's up to council to review the proposals and make counter offers, use labor negotiators, etc. She said the city council can be as involved as it wishes to be in the process.
Council Member Kogerman asked what is done in closed session as opposed to open session related to discussions between the association and city staff related to salary negotiations and policies, etc. Barbara Raileanu responded negotiations are in closed sessions but ratification of what is decided is in open session. She said it is important that before you go into closed session you need to designate your labor negotiators in open session. She said negotiations can usually take from one month to a year depending upon how contentious the situation is.
Mayor Songstad stated, We don't really have any choice but to support the staff recommendation. "I think it's extremely unfortunate that we've come to this point. We've gone 20 some years without an employee association and it's unfortunate that the city employees feel threatened enough that they want to take this action."
Vote was 4 - 0 to Approve this action.
7.3.1 City Attorney - Ordinance of the City of Laguna Hills establishing City Parks and Specified Private Community Parks as Child Safety Zones where Registered Sex Offenders are prohibited from entering without written permission for the Orange County Sheriff. Please see online report on the City Web site for complete ordinance information.
City Attorney Simonian stated - This ordinance makes it a misdemeanor for a registered sex offender to enter parks, as defined in the ordinance, without written permission from the Sheriff. It applies to all code 290 Registered Sex Offenders. It contains additional features that may aid in its defense if challenged:
7.3.1 City Attorney - Ordinance of the City of Laguna Hills establishing City Parks and Specified Private Community Parks as Child Safety Zones where Registered Sex Offenders are prohibited from entering without written permission for the Orange County Sheriff. Please see online report on the City Web site for complete ordinance information.
City Attorney Simonian stated - This ordinance makes it a misdemeanor for a registered sex offender to enter parks, as defined in the ordinance, without written permission from the Sheriff. It applies to all code 290 Registered Sex Offenders. It contains additional features that may aid in its defense if challenged:
1 - contains additional findings in support of locally adopting the County's version.
2 - requires that any waiver request be date, time and location specific.
3 - requires the posting of Park Signage to put registered sex offenders on notice that the particular park has been identified as a child safety zone.
4 - contains an additional provision inserting criteria for the issuance of a waiver
5 - is part of the ordinance adoption process - all the subject parks have been identified by name and location and mapped. In addition the ordinance expands the prohibition to include not only City Parks but also includes community parks that are owned or leased, operated and maintained by a homeowner's association that has provided written notice to the City requesting enforcement of this type of ordinance on their private property.
City Attorney Simonian said it is in order for the City council to approve the ordinance tonight and introduce it for a first reading.
The title of the ordinance is - An ordinance of the City of Laguna Hills, CA. adding chapter 6-40 to Title 6 of the Laguna Hills Municipal Code prohibiting registered sex offenders from entering city parks and specified private community parks, without written permission from the Orange County Sheriff.
In response to a question from Council Member Kogerman, City Atty. Simonian explained that all references in the ordinance to minors under the age of 18 are inserted as support for the ordinance to strengthen it. The ordinance applies to all code 290 registered sex offenders.
Regarding HOAs in the City, City Atty. Simonian explained that HOAs can agendize this for discussion with their Board and legal counsel and respond as needed. When their response is received, that triggers coverage by the ordinance. HOAs must "OPT IN" rather than Opt Out to have their parks covered by the ordinance, by responding to a public outreach letter from the City, which will be sent at a later date. Simonian said his office will prepare a response letter so the HOA Boards can vote on that letter and authorize their President and Sec. to sign the document and return it to City Hall. When that document is received, the ordinance is effective with respect to that park. If an HOA decides this is not for them no further action is required. He also explained that the signage for the parks clarifies that this applies to all code 290 registered sex offenders.
Mayor Pro-Tem Carruth asked what about Sheep Hills Park? - City Atty. Simonian answered he can't anticipate what HOAs will do but this has been widely publicized and our ordinance has been set up for the greatest degree of success so all the HOAs will have to weigh in on the matter.
PUBLIC COMMENTS:
Susan Schroeder from the County District Attorney's Office said sex offenders are hearing about this law so the message is getting out to the registered sex offenders to stay out of the parks. She thanked the City Council for their attention to this and said she has been speaking to Anaheim and Santa Ana, among other cities.
Donna Sievers, Laguna Hills Resident said she urges the council to unanimously approve this ordinance on behalf of the children and families who use our parks. She said the met Erin Runnion last summer as a volunteer in her Joyful Child Foundation. She was surprised at the word "joyful" used after the abduction and tragic murder of Samantha Runnion but now understands that "to experience childhood joyfully" is what Erin and her foundation hope to imagine for children everywhere. Samantha, aged 5, had the clarity of vision to know there are times in life when one has to " Be Brave". This was revealed in drawings after she was murdered. The motto, "Be Brave" has become the guiding principle and motto for the Joyful Child Foundation. Incidents from the news are reminding us now that we have to be aware and John Meacham recently wrote re. the Penn State situation, "Laws are about making us do the things we ought to do."
Erin Runnion, Mother of Samantha Runnion, said when she started the Joyful Child Foundation, one of the 1st missions was a Neighorhood Child Watch through organizing neighbors to watch the areas where children gathered. People became frustrated in learning that they had no recourse when they found a registered sex offender at the parks and all they could do was continue to watch to insure that the children remained safe. They couldn't make the sex offenders leave. Please pass this ordinance to give law enforcement the ability to remove those offenders. Additionally those who were already convicted of sex offenses and violate their probation or parole are not going back to State Prison, as they normally would, but are now going to County Probation with half the supervision they would normally have. She added that the man who took her daughter traveled over 60 miles to do that.
Council Member Kogerman moved to adopt the motion and Carruth seconded the motion.
VOTE was 4-0 to pass this ordinance prohibiting registered sex offenders from entering city parks. Link to the District Attorney's press release with additional information about this ordinance that was introduced and championed by Council Member Kogerman and championed by Council Member Bressette as well. http://orangecountyda.com/home/index.asp?page=8&recordid=2710
7.4.1 Community Development Director seeking authority as authorized by Alcoholic Beverage Licensing to make determinations of necessity (PC= Public Convenience or N=Necessity) for businesses proposing the on or off sale of alcoholic beverages in areas of undue concentration within the City.
Staff Recommendation - Adopt a Resolution delegating authority to render determinations of PC or N to the Community Development Director. The Director's determination would be apealable to the Planning Agency.
Areas of "Undue Concentration" are defined in the Staff Report as areas of crime, and on sale and/or off sale license ratio (ratio of retail licenses to population in the area). A $40 fee would accompany applications. The Staff Report includes a guide for local governments and interested citizens that sites a Michael Sparks, MA who provides training in the areas of alcohol policy using the legislative process to reduce alcohol and other drug problems. It says California is still a state where on-sale beer and wine licenses enjoy no restrictions and Public Convenience or Necessity is an additional tool for local government and communities that directly ties them into the state liquor licensing process. Please see more extensive information online on the City web site.
City Attorney Simonian said it is in order for the City council to approve the ordinance tonight and introduce it for a first reading.
The title of the ordinance is - An ordinance of the City of Laguna Hills, CA. adding chapter 6-40 to Title 6 of the Laguna Hills Municipal Code prohibiting registered sex offenders from entering city parks and specified private community parks, without written permission from the Orange County Sheriff.
In response to a question from Council Member Kogerman, City Atty. Simonian explained that all references in the ordinance to minors under the age of 18 are inserted as support for the ordinance to strengthen it. The ordinance applies to all code 290 registered sex offenders.
Regarding HOAs in the City, City Atty. Simonian explained that HOAs can agendize this for discussion with their Board and legal counsel and respond as needed. When their response is received, that triggers coverage by the ordinance. HOAs must "OPT IN" rather than Opt Out to have their parks covered by the ordinance, by responding to a public outreach letter from the City, which will be sent at a later date. Simonian said his office will prepare a response letter so the HOA Boards can vote on that letter and authorize their President and Sec. to sign the document and return it to City Hall. When that document is received, the ordinance is effective with respect to that park. If an HOA decides this is not for them no further action is required. He also explained that the signage for the parks clarifies that this applies to all code 290 registered sex offenders.
Mayor Pro-Tem Carruth asked what about Sheep Hills Park? - City Atty. Simonian answered he can't anticipate what HOAs will do but this has been widely publicized and our ordinance has been set up for the greatest degree of success so all the HOAs will have to weigh in on the matter.
PUBLIC COMMENTS:
Susan Schroeder from the County District Attorney's Office said sex offenders are hearing about this law so the message is getting out to the registered sex offenders to stay out of the parks. She thanked the City Council for their attention to this and said she has been speaking to Anaheim and Santa Ana, among other cities.
Donna Sievers, Laguna Hills Resident said she urges the council to unanimously approve this ordinance on behalf of the children and families who use our parks. She said the met Erin Runnion last summer as a volunteer in her Joyful Child Foundation. She was surprised at the word "joyful" used after the abduction and tragic murder of Samantha Runnion but now understands that "to experience childhood joyfully" is what Erin and her foundation hope to imagine for children everywhere. Samantha, aged 5, had the clarity of vision to know there are times in life when one has to " Be Brave". This was revealed in drawings after she was murdered. The motto, "Be Brave" has become the guiding principle and motto for the Joyful Child Foundation. Incidents from the news are reminding us now that we have to be aware and John Meacham recently wrote re. the Penn State situation, "Laws are about making us do the things we ought to do."
Erin Runnion, Mother of Samantha Runnion, said when she started the Joyful Child Foundation, one of the 1st missions was a Neighorhood Child Watch through organizing neighbors to watch the areas where children gathered. People became frustrated in learning that they had no recourse when they found a registered sex offender at the parks and all they could do was continue to watch to insure that the children remained safe. They couldn't make the sex offenders leave. Please pass this ordinance to give law enforcement the ability to remove those offenders. Additionally those who were already convicted of sex offenses and violate their probation or parole are not going back to State Prison, as they normally would, but are now going to County Probation with half the supervision they would normally have. She added that the man who took her daughter traveled over 60 miles to do that.
Council Member Kogerman moved to adopt the motion and Carruth seconded the motion.
VOTE was 4-0 to pass this ordinance prohibiting registered sex offenders from entering city parks. Link to the District Attorney's press release with additional information about this ordinance that was introduced and championed by Council Member Kogerman and championed by Council Member Bressette as well. http://orangecountyda.com/home/index.asp?page=8&recordid=2710
7.4.1 Community Development Director seeking authority as authorized by Alcoholic Beverage Licensing to make determinations of necessity (PC= Public Convenience or N=Necessity) for businesses proposing the on or off sale of alcoholic beverages in areas of undue concentration within the City.
Staff Recommendation - Adopt a Resolution delegating authority to render determinations of PC or N to the Community Development Director. The Director's determination would be apealable to the Planning Agency.
Areas of "Undue Concentration" are defined in the Staff Report as areas of crime, and on sale and/or off sale license ratio (ratio of retail licenses to population in the area). A $40 fee would accompany applications. The Staff Report includes a guide for local governments and interested citizens that sites a Michael Sparks, MA who provides training in the areas of alcohol policy using the legislative process to reduce alcohol and other drug problems. It says California is still a state where on-sale beer and wine licenses enjoy no restrictions and Public Convenience or Necessity is an additional tool for local government and communities that directly ties them into the state liquor licensing process. Please see more extensive information online on the City web site.
Vern Jones, Community Development Director presented this item and said under certain circumstances the City is required to make a finding of Public Convenience or Necessity prior to the Department of Alcoholic Beverage Control issuing a license allowing a business to sell alcoholic beverages. It is not a situation that has come up often over the years and the City has never formalized a process to make this finding. The finding determination can be assigned to the council, the planning agency (which is also the council in Laguna Hills) or staff and various cities handle it differently.
This situation is coming up again shortly since the new tenant at the old Circuit City Site, sharing the facility with Ashley Furniture is scheduled to be Total Wines and More. This particular area, given the number of retailers within the reporting district, is considered to be an area of over concentration so the City will have to make a finding of convenience or necessity for the ABC to issue a license.
This resolution would assign this duty to the Community Development Director who will consult with the Sheriff's Dept. prior to making a finding of Public Convenience (From the Staff Report- The applicant shall provide evidence to the City that the applicant premises are intended to provide customers with merchandise or services separate from alcoholic beverages and that consumers visiting the premises would purchase alcoholic beverages as a secondary item to other merchandise or service) or Necessity. ( From the Staff Report - The applicant shall provide evidence to the City that a substantial public demand for the product cannot otherwise be satisfied unless the applicant’s permit is approved.)
(**Editor's Note - There was no discussion of this item by the city council and no crime areas in the City were noted.) The definition given for area's of "overconcentration" in the staff report were:
This situation is coming up again shortly since the new tenant at the old Circuit City Site, sharing the facility with Ashley Furniture is scheduled to be Total Wines and More. This particular area, given the number of retailers within the reporting district, is considered to be an area of over concentration so the City will have to make a finding of convenience or necessity for the ABC to issue a license.
This resolution would assign this duty to the Community Development Director who will consult with the Sheriff's Dept. prior to making a finding of Public Convenience (From the Staff Report- The applicant shall provide evidence to the City that the applicant premises are intended to provide customers with merchandise or services separate from alcoholic beverages and that consumers visiting the premises would purchase alcoholic beverages as a secondary item to other merchandise or service) or Necessity. ( From the Staff Report - The applicant shall provide evidence to the City that a substantial public demand for the product cannot otherwise be satisfied unless the applicant’s permit is approved.)
(**Editor's Note - There was no discussion of this item by the city council and no crime areas in the City were noted.) The definition given for area's of "overconcentration" in the staff report were:
On-sale license ratio: For on-sale retail licenses, the ratio of on-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant premises are located.
Off-sale license ratio: For off-sale retail licenses, the ratio of off-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off-sale retail licenses to population in the county in which the applicant premises are located.
Off-sale license ratio: For off-sale retail licenses, the ratio of off-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off-sale retail licenses to population in the county in which the applicant premises are located.
Vote this item passed 4-0.
7.5.1 Continuation of Commercial Food Waste Diversion Program - Staff Report states this program began in 2009 with a $400,000 grant from the County of Orange. The grant funds expire at the end of Nov. 2011 and program will end unless new funding is obtained. Staff Recommendation - Approve CR and R's proposal
Goal of program - One of the goals of the current pilot program was to evaluate the process of diverting commercial food waste from landfill disposal and to help develop a permanent solution for this waste stream. CR and R's proposal in online on the City web site. They propose expanding the program to all commercial customers generating food scraps and would charge $112.10 per month for a 60 gallon food scrap cart serviced once a week. Please see complete proposal online. There was no input on this item from the businesses involved? This program will be offered to all commercial food or service businesses that choose to use it. The time period for this program, under CR&R’s proposal, is from December 1, 2011 through June 30, 2012. This time period will enable CR&R to promote the food waste service to all City of Laguna Hills businesses; determinate the interest and sustainability of this service when businesses are charged, and; allow CRandR to continue its efforts toward establishing a local composting facility.
Vote - This item passed 4-0
7.5.2 - Request to utilize the City of Laguna Hills Memorial Day Race for Long Term financial support to the City's Adopted 3/5 Marines Support Committee.
Staff Recommendation - Option 1
Team Dark Horse, Support Committee for the City's Adopted 3/5 Marines Recommendation - Option 3
Option 1 recommended by City Manager Channing, would create a "Community Organization Financial Assistance Account" that would be open for everyone to apply for funds and would be considered at each budget cycle by the City Council for acceptance or rejection. It is not tied to the Memorial Day race. (**Editor's Note - This method would be easier for the City Manger to manage and easier for the Council to turn down or significantly reduce. This money would also come from the General Fund which is money from the taxpayers rather than money from the Memorial Day Race Participants.)
Option 2 is to continue the optional check the box on the registration form for a voluntary donation to the Marines
Option 3 is a predetermined additional fee added to the race registration fee for the 1/2 Marathon, 10K and 5K. That amount would be tallied up at the end, and brought back with a Staff Report and a Community Assistance Funding Resolution in that exact dollar amount that was received to be given to the Marine Support Committee each year.
The argument from the 3/5 Marines Support Committee is to choose Option 3 in addition to:
1. - Not charging the Marines to run in future Memorial Day events and
2. - Linking the funding to the Marine Support Group through an additional fee for only the participants in the race which would cost the City/the taxpayers nothing. Only the racers would be paying the nominal additional race fee amount.
The City's Adopted Marine's Support Group's situation is unique in that the 3/5 Marines contribute to the event through running, providing their static displays and camouflage face painting, etc. for the public, so they would be a partner in the event and would hopefully increase participation and interest in the event significantly for the City. The amount dedicated the Marine support group would be tallied at the end of the race, and brought back with a Staff Report and a Community Assistance Funding Resolution in that exact dollar amount that was received to be given to the Marine Support Committee each year keeping it simple.
The Staff report was given by David Reynolds, Community Services Director who confirmed that staff recommends Option 1 (which was presented at the last council meeting by City Manager Channing).
Council Member Bressette asked what the rationale was for selecting Option 1? Reynolds responded - It was from a practical standpoint of budget that we handle all grant requests at one time. He conjectured that they may get many requests. He noted that the City is already in a budget cycle so if this can't wait until the next budget cycle, it would require a special a budget amendment and a resolution. Bressette stated, so Option 1 requires a contribution from the General Fund? (taxpayer money) Reynolds responded - Yes.
Council Member Bressette asked how many requests have there been from charities on an annual basis? Reynolds noted 3 - The Seed Fund for the 3/5 Support Committee (Editor's Note - When the City gave their one time donation of "Seed Money" to the City's Adopted 3/5 Marines Support Committee, they allocated $10,000. The committee used $7,600 of that amount in the first fiscal year and City did NOT carry the additional $2,400 over into the next budget cycle so $7,600 was the total amount of the one time donation from the City for the City's Adopted 3/5 Marines Support Committee.) TIP ( The Trauma Intervention Program - From the June 28, 2011 City Council Meeting the City contributed $3,641.28 for FY 2011-2012 for TIP whose mission is to respond to the request of sheriff's deputies and firefighters to help people immediately after a tragedy occurs in their lives any time of the day or night. From the March 22, City Council Meeting - TIP is a non-profit program serving Laguna Hills for 11 years. Safe and Sane Grad Night for LHHS- receives about $4000 annually. Council Member Bressette noted that the Grad Night Funding is under the category of Public Safety.
Council Member Bressette added that South County Outreach gets some support from the Memorial Day Event Beer Garden. South County Seniors are helped with a grant through the County for the Florence Sylvester Senior Center. At the Oct. 11, 2011 City Council Meeting the City conated $7,500 to the Orange County Peace Officer's Memorial Fund.
Bressette asked - How many of these charities has the City of Laguna Hills formally adopted? Reynolds responded - I don't know? Bressette asked if it was correct that the City adopted the 3/5 Marines and Reynolds replied - That is correct. Bressette said Option # 1 requires the City to decide on a biennial basis how much money to take out of the fund for charitable purposes - (Background on The City of Laguna Hills contributing to charities - From the June 22, 2010 City Council Meeting - Item 4.3 - Adoption of Annual Appropriations Limit for FY 2010-2011 Staff Report states the California Constitution places limits on the amounts of revenue that can be spent by public entities from proceeds of taxes. In 1993/94, the city's first fiscal year of operation, the voter's approved an Appropriations Limit of $9,102,336. This amount has been adjusted, by the city, annually based on population and inflation factors, etc. and is calculated by the city to be $28,115,019.00 for 2010-11. The city states that the anticipated proceeds of taxes minus the capital outlays and other qualified exclusions for this year resulted in an amount of $12,336,053.00, subject to the limit, which is below the legal limit by $15,778,965.00.)
Council Member Bresette asked - regarding Option # 3 - Would Option 3 require a contribution from the General Fund (taxpayer money)? David Reynolds - That's a technical question but I think it would be a contribution of the General Fund that would require a Resolution that makes a finding for the Public Benefit. Bressette, but is there a funding source for it other than just writing a check out of the General Fund. Reynolds - the funding source would be the $3 increase in Option 3. Bressette, so isn't there a funding source that would be equal to whatever the General Fund contribution is? Reynolds, Yes. Bressette, so what would be the impact to the General Fund under Option 3? Reynolds - There wouldn't be any impact, it's just another option that we've identified.
Bressette, so I'm a bit confused why would staff opt for an option that required an impact to the General Fund over and option that wouldn't and still would provide support to our adopted Marines?
7.5.1 Continuation of Commercial Food Waste Diversion Program - Staff Report states this program began in 2009 with a $400,000 grant from the County of Orange. The grant funds expire at the end of Nov. 2011 and program will end unless new funding is obtained. Staff Recommendation - Approve CR and R's proposal
Goal of program - One of the goals of the current pilot program was to evaluate the process of diverting commercial food waste from landfill disposal and to help develop a permanent solution for this waste stream. CR and R's proposal in online on the City web site. They propose expanding the program to all commercial customers generating food scraps and would charge $112.10 per month for a 60 gallon food scrap cart serviced once a week. Please see complete proposal online. There was no input on this item from the businesses involved? This program will be offered to all commercial food or service businesses that choose to use it. The time period for this program, under CR&R’s proposal, is from December 1, 2011 through June 30, 2012. This time period will enable CR&R to promote the food waste service to all City of Laguna Hills businesses; determinate the interest and sustainability of this service when businesses are charged, and; allow CRandR to continue its efforts toward establishing a local composting facility.
Vote - This item passed 4-0
7.5.2 - Request to utilize the City of Laguna Hills Memorial Day Race for Long Term financial support to the City's Adopted 3/5 Marines Support Committee.
Staff Recommendation - Option 1
Team Dark Horse, Support Committee for the City's Adopted 3/5 Marines Recommendation - Option 3
Option 1 recommended by City Manager Channing, would create a "Community Organization Financial Assistance Account" that would be open for everyone to apply for funds and would be considered at each budget cycle by the City Council for acceptance or rejection. It is not tied to the Memorial Day race. (**Editor's Note - This method would be easier for the City Manger to manage and easier for the Council to turn down or significantly reduce. This money would also come from the General Fund which is money from the taxpayers rather than money from the Memorial Day Race Participants.)
Option 2 is to continue the optional check the box on the registration form for a voluntary donation to the Marines
Option 3 is a predetermined additional fee added to the race registration fee for the 1/2 Marathon, 10K and 5K. That amount would be tallied up at the end, and brought back with a Staff Report and a Community Assistance Funding Resolution in that exact dollar amount that was received to be given to the Marine Support Committee each year.
The argument from the 3/5 Marines Support Committee is to choose Option 3 in addition to:
1. - Not charging the Marines to run in future Memorial Day events and
2. - Linking the funding to the Marine Support Group through an additional fee for only the participants in the race which would cost the City/the taxpayers nothing. Only the racers would be paying the nominal additional race fee amount.
The City's Adopted Marine's Support Group's situation is unique in that the 3/5 Marines contribute to the event through running, providing their static displays and camouflage face painting, etc. for the public, so they would be a partner in the event and would hopefully increase participation and interest in the event significantly for the City. The amount dedicated the Marine support group would be tallied at the end of the race, and brought back with a Staff Report and a Community Assistance Funding Resolution in that exact dollar amount that was received to be given to the Marine Support Committee each year keeping it simple.
The Staff report was given by David Reynolds, Community Services Director who confirmed that staff recommends Option 1 (which was presented at the last council meeting by City Manager Channing).
Council Member Bressette asked what the rationale was for selecting Option 1? Reynolds responded - It was from a practical standpoint of budget that we handle all grant requests at one time. He conjectured that they may get many requests. He noted that the City is already in a budget cycle so if this can't wait until the next budget cycle, it would require a special a budget amendment and a resolution. Bressette stated, so Option 1 requires a contribution from the General Fund? (taxpayer money) Reynolds responded - Yes.
Council Member Bressette asked how many requests have there been from charities on an annual basis? Reynolds noted 3 - The Seed Fund for the 3/5 Support Committee (Editor's Note - When the City gave their one time donation of "Seed Money" to the City's Adopted 3/5 Marines Support Committee, they allocated $10,000. The committee used $7,600 of that amount in the first fiscal year and City did NOT carry the additional $2,400 over into the next budget cycle so $7,600 was the total amount of the one time donation from the City for the City's Adopted 3/5 Marines Support Committee.) TIP ( The Trauma Intervention Program - From the June 28, 2011 City Council Meeting the City contributed $3,641.28 for FY 2011-2012 for TIP whose mission is to respond to the request of sheriff's deputies and firefighters to help people immediately after a tragedy occurs in their lives any time of the day or night. From the March 22, City Council Meeting - TIP is a non-profit program serving Laguna Hills for 11 years. Safe and Sane Grad Night for LHHS- receives about $4000 annually. Council Member Bressette noted that the Grad Night Funding is under the category of Public Safety.
Council Member Bressette added that South County Outreach gets some support from the Memorial Day Event Beer Garden. South County Seniors are helped with a grant through the County for the Florence Sylvester Senior Center. At the Oct. 11, 2011 City Council Meeting the City conated $7,500 to the Orange County Peace Officer's Memorial Fund.
Bressette asked - How many of these charities has the City of Laguna Hills formally adopted? Reynolds responded - I don't know? Bressette asked if it was correct that the City adopted the 3/5 Marines and Reynolds replied - That is correct. Bressette said Option # 1 requires the City to decide on a biennial basis how much money to take out of the fund for charitable purposes - (Background on The City of Laguna Hills contributing to charities - From the June 22, 2010 City Council Meeting - Item 4.3 - Adoption of Annual Appropriations Limit for FY 2010-2011 Staff Report states the California Constitution places limits on the amounts of revenue that can be spent by public entities from proceeds of taxes. In 1993/94, the city's first fiscal year of operation, the voter's approved an Appropriations Limit of $9,102,336. This amount has been adjusted, by the city, annually based on population and inflation factors, etc. and is calculated by the city to be $28,115,019.00 for 2010-11. The city states that the anticipated proceeds of taxes minus the capital outlays and other qualified exclusions for this year resulted in an amount of $12,336,053.00, subject to the limit, which is below the legal limit by $15,778,965.00.)
Council Member Bresette asked - regarding Option # 3 - Would Option 3 require a contribution from the General Fund (taxpayer money)? David Reynolds - That's a technical question but I think it would be a contribution of the General Fund that would require a Resolution that makes a finding for the Public Benefit. Bressette, but is there a funding source for it other than just writing a check out of the General Fund. Reynolds - the funding source would be the $3 increase in Option 3. Bressette, so isn't there a funding source that would be equal to whatever the General Fund contribution is? Reynolds, Yes. Bressette, so what would be the impact to the General Fund under Option 3? Reynolds - There wouldn't be any impact, it's just another option that we've identified.
Bressette, so I'm a bit confused why would staff opt for an option that required an impact to the General Fund over and option that wouldn't and still would provide support to our adopted Marines?
Reynolds said it goes back to his original statement, it's a cleaner process to handle it under one allocation through the budget process.
Mayor Songstad asked the City Attorney if Team Dark Horse should submit an annual report related to how the former years money was spent. City Attorney Simonian responded that is up to the discretion of the City Council. Songstad asked if that is legally required and Simonian answered - No but it would give the council something to review.
Council Member Kogerman asked - When we fund LHHS Grad Night have we ever asked for a report on how those funds were used? City Manager Channing responded, No, we received a statement of how the funds would be used included with the request for funds so it was evident from the request. Kogerman, I understand that we have not formally adopted any other charities that have asked for support. Channing responded, " ... the council has not adopted any charitable organizations, its not been requested in that manner to do so." Kogerman stated, " I think the word "OTHER" was missing, so other than the Marines, we have not formally adopted any other organizations, charities, anything like that, correct?" Channing - "That's correct, but I would say that is an unusual step to take." Kogerman - have there been any other tie ins with a charity and an event so closely aligned with it? Channing the original nature of this race and its purpose was tied to a public health benefit. Kogerman - It co-incidentally was on Memorial Day? Channing, "Yes, it was put on by the Saddleback Memorial Hospital in honor of Florence Joyner Griffith (that name is actually Florence Griffith-Joyner).
Mayor-Pro-Tem Carruth said her read of these options is quite different from Mr. Bressette's, and that in Option # 1 she assumes that one of the reasons staff supported option one is a steady stream of funding for the committee, isn't that right? David Reynolds responded, that's one consideration.
PUBLIC COMMENTS:
Mike Bland, 28 year Laguna Hills Citizen and President of Team Dark Horse, the City's Support Committee for the City's Adopted 3/5 Marines -Team Dark Horse stated I have 2 jobs, one is my full time job trying to make a profit for a corporation and the other job is president of this charitable organization which I thoroughly enjoy. We, as a committee, would like to go with Option # 3. Some reasons are that we are 100% volunteers, no one is paid, and we often use our own money to keep the organization going. We did not use all the seed money allocated to us by the City. We had more costs but ran out of time getting them to Mr. White. (Assist. City Manager). We would like to spend more time supporting the Marines than fund raising. This council officially adopted the 3/5 Marines and the Marine Corps Officially adopted us. The tie in is great for Memorial Day. I was asked a year or so ago if we could get some Marines for Memorial Day and we did that. We delivered a memorial base for the 25 fallen Marines to Camp Pendleton last week and spoke with Lt. Col. Griffin who was so pleased and honored that we would add the name of the 3/5 Marines to the Memorial Day Race. We believe that in future years we will have more participants including more Marines running, more static display, and possibly a color guard. Option # 3 also puts more emphasis on our committee to support the race, to get more word out, to increase participation. We want to help staff as much as we can. He added that the committee just completed a business plan and supplied copies for all of the council members. He said it included a letter from the Marine Cops. Commanding General that states. " Active interaction between Marines and Citizens in the local community is of great value to both parties."
Mayor Pro-Tem Carruth asked if the committee was concerned about event levels of participation from year to year? Mike responded no, because he believes that the more the word gets out the more participants will sign up.
Mayor Peo-Tem Carruth stated that fund raising has tremendous intrinsic value. Mike responded that the committee has been and will continue to actively fund raise through things such as the Socks, supplies and special holiday cards for the Marines when they were deployed, the LHHS Swap Meet where the Teen Dark Horse group did so much, the committee tent at the 4th of July and Memorial Day, the Christmas Toy and Gift Drive, The Hills Angels' donation of gowns for the Welcome Home Ball, Teen Dark Horse's donations of gowns for the Marine Corps Birthday Ball, the Baby shower and many other things. Mike gave an example of a generous and concerned citizen who just recently gave a special present of jewelry including a $50 bill because she read there was there was a 17 year old girl on the Christmas list for Marine Corps dependents and this lady wanted to be sure that this gift went to that girl so she would not be overlooked.
Council Member Bressette added that the committee does fund raise on a consistent basis and asked if the committee would be willing to tell the City, on an annual basis, what it does with the money? Mike responded, Yes, and the committee will be very transparent. and part of that is in the 5 year budget plan the committee just submitted tonight.
Evan Gost, Laguna Hills Resident and member of Team Dark Horse the 3/5 Marines Support Committee thanked the council for passing the sex offender ordinance and stated he served in the Navy for 8 years and spent 78% of that time away from home so he went into the active reserves for an additional 12 years. He said he has tremendous regard for those who stay in the military and was happy to see the resurrection of the 3/5 Marine Support Committee in Laguna Hills. He said he feels rewarded to assist the Committee and to see how citizens appreciate military services now. He expressed that if the committee can get this minimal support they could better match needs with services and requested Option #3.
Dick Nagle, Laguna Hills Resident and Member of Team Dark Horse the 3/5 Marines Support Committee read a letter from Karen Robbins because it was so well written. (Karen Robbins is another Laguna Hills Citizen and member of Team Dark Horse who urged the council to vote for Option # 3.)
Karen's letter is synopsized here - I am writing to urge the city council to approve option 3 of the plans discussed at the previous city council meeting. The Committee feels this option is preferable for these reasons:
1. This option shows the greatest resolve and commitment on our City Council's part to follow through on their formal adoption of Battalion 3/5 by committing to providing AUTOMATIC assistance to the Support Committee each year.
2. Team Darkhorse was formed to follow through on the implied promises of Laguna Hills' City Council formal adoption of Battalion 3/5. Team Darkhorse exists because of the formal adoption. This distinction separates Team Darkhorse from the myriad of other, though worthy, charities which might apply for fund donations.
3. Memorial Day is a holiday with the distinct purpose of remembering and honoring those who died in service to our country. Our adopted Battalion has suffered the most casualties of any unit in the 10 year Afghanistan war. It makes logical sense that the city would, on Memorial Day, commit to asking that a portion of race funds go to the adoption committee. This is a perfect way to permanently memorialize the 25 Killed in Action in Afghanistan last year who gave their lives, in service to our country, during the period in which our city announced a formal adoption of their Battalion.
4. The Battalion does not and would not expect or ask for assistance from our city, however, Lt Col Morris emphasized that the knowledge and receipt of support from the community, and its civilian citizens, is tremendous for morale of our Marines. People look for ways to "support the troops." Our city can give them an easy, logical meaningful way.
5. When our city formally adopted the Battalion, we stepped forward to be counted among neighboring cities who did the same for other Battalions. How will we be counted? As a city which commits to our word? Or as one who commits to doing just enough to claim we did something?
6. Tying the Memorial Day Race with the Marines of 3/5, in this permanent fashion, is good for our community. Citizens want to celebrate Memorial Day in a meaningful way....that is why we see flags flying, and why people visit Veteran's cemeteries to hear tributes to the fallen. I think Laguna Hills citizens will feel proud of their city for taking this visible stand.
7. Awareness of the tie of our Memorial Day race with support for the 3/5 may spread, as will the popularity of the presence of the 3/5 at our event, and could increase the participation of runners, as well as the reputation of our city's commitment to civic responsibility beyond our immediate city borders.
Civic pride and duty are qualities everyone wishes to instill in future generations. In an era when only 1% of our population serves in our military, it is easy for our citizens to become estranged or unaware of the sacrifices and lives these Marines live. It is good for our country, our city and our children to see us stand up and be counted as people of our word when we say we support the troops. Memorial Day in Laguna Hills can take on permanent and vivid meaning when we see our Marines with us that day, and they know we have taken a stand.
Mav Bressette, Laguna Hills Citizen requested Option # 3. She said there is no similarity between the City's Adopted 3/5 Marines and others as no others were adopted by the City and the 3/5 is not a charity. She asked for $5 rather and $3 to be added to the runner registrations for the Memorial Day Events and added that funding coming from the racers will let the racers know they are helping. There would still be no profit so no problem with Proposition 26 according to our City Atty. She recalled that the Memorial Day race was tied to no issue at one time. She said she is not concerned for about a decline of registrants from year to year and this is an opportunity to make the race bigger.
Council Member Bressette made a motion to for Option # 3 increasing including increasing the $3 per registrant to $5. David Reynolds, Community Services Director injected that he did not know the level of comfort with $5 need to ask Dan Meehan, Community Services Supervisor. Dan Meehan said A $5 increase would being the fee up to average for this type of race in the area but was more comfortable with $3.
Council Member Bressette changed his motion to $3 and Option # 3. Mayor Songstad 2nd the motion. Council Member Kogerman said Option 3 is a no brainer and other organizations that are not adopted can still be considered under option #1. She added she is proud to be a part of this.
VOTE - Option 3 was passed 4 - 0
MATTERS AGENDIZED and PRESENTED by CITY COUNCIL MEMBERS **These Items are authored Council Members. The council member who authors an item here also does all of the research for that item - None
COUNCIL MEMBER COMMENTS - None
CLOSED SESSION – Conference with real property negotiator, Conference with legal counsel re. existing litigation, Public Employee Performance Evaluation - City Manager, Conference with Labor Negotiator - City Manager, report any reportable action.
The Next regular City Council Meeting is Tuesday December 13, 7 pm, at City Hall. Contact Laguna Hills City Council Members at - ccouncil@ci.laguna-hills.ca.us
Mayor Songstad asked the City Attorney if Team Dark Horse should submit an annual report related to how the former years money was spent. City Attorney Simonian responded that is up to the discretion of the City Council. Songstad asked if that is legally required and Simonian answered - No but it would give the council something to review.
Council Member Kogerman asked - When we fund LHHS Grad Night have we ever asked for a report on how those funds were used? City Manager Channing responded, No, we received a statement of how the funds would be used included with the request for funds so it was evident from the request. Kogerman, I understand that we have not formally adopted any other charities that have asked for support. Channing responded, " ... the council has not adopted any charitable organizations, its not been requested in that manner to do so." Kogerman stated, " I think the word "OTHER" was missing, so other than the Marines, we have not formally adopted any other organizations, charities, anything like that, correct?" Channing - "That's correct, but I would say that is an unusual step to take." Kogerman - have there been any other tie ins with a charity and an event so closely aligned with it? Channing the original nature of this race and its purpose was tied to a public health benefit. Kogerman - It co-incidentally was on Memorial Day? Channing, "Yes, it was put on by the Saddleback Memorial Hospital in honor of Florence Joyner Griffith (that name is actually Florence Griffith-Joyner).
Mayor-Pro-Tem Carruth said her read of these options is quite different from Mr. Bressette's, and that in Option # 1 she assumes that one of the reasons staff supported option one is a steady stream of funding for the committee, isn't that right? David Reynolds responded, that's one consideration.
PUBLIC COMMENTS:
Mike Bland, 28 year Laguna Hills Citizen and President of Team Dark Horse, the City's Support Committee for the City's Adopted 3/5 Marines -Team Dark Horse stated I have 2 jobs, one is my full time job trying to make a profit for a corporation and the other job is president of this charitable organization which I thoroughly enjoy. We, as a committee, would like to go with Option # 3. Some reasons are that we are 100% volunteers, no one is paid, and we often use our own money to keep the organization going. We did not use all the seed money allocated to us by the City. We had more costs but ran out of time getting them to Mr. White. (Assist. City Manager). We would like to spend more time supporting the Marines than fund raising. This council officially adopted the 3/5 Marines and the Marine Corps Officially adopted us. The tie in is great for Memorial Day. I was asked a year or so ago if we could get some Marines for Memorial Day and we did that. We delivered a memorial base for the 25 fallen Marines to Camp Pendleton last week and spoke with Lt. Col. Griffin who was so pleased and honored that we would add the name of the 3/5 Marines to the Memorial Day Race. We believe that in future years we will have more participants including more Marines running, more static display, and possibly a color guard. Option # 3 also puts more emphasis on our committee to support the race, to get more word out, to increase participation. We want to help staff as much as we can. He added that the committee just completed a business plan and supplied copies for all of the council members. He said it included a letter from the Marine Cops. Commanding General that states. " Active interaction between Marines and Citizens in the local community is of great value to both parties."
Mayor Pro-Tem Carruth asked if the committee was concerned about event levels of participation from year to year? Mike responded no, because he believes that the more the word gets out the more participants will sign up.
Mayor Peo-Tem Carruth stated that fund raising has tremendous intrinsic value. Mike responded that the committee has been and will continue to actively fund raise through things such as the Socks, supplies and special holiday cards for the Marines when they were deployed, the LHHS Swap Meet where the Teen Dark Horse group did so much, the committee tent at the 4th of July and Memorial Day, the Christmas Toy and Gift Drive, The Hills Angels' donation of gowns for the Welcome Home Ball, Teen Dark Horse's donations of gowns for the Marine Corps Birthday Ball, the Baby shower and many other things. Mike gave an example of a generous and concerned citizen who just recently gave a special present of jewelry including a $50 bill because she read there was there was a 17 year old girl on the Christmas list for Marine Corps dependents and this lady wanted to be sure that this gift went to that girl so she would not be overlooked.
Council Member Bressette added that the committee does fund raise on a consistent basis and asked if the committee would be willing to tell the City, on an annual basis, what it does with the money? Mike responded, Yes, and the committee will be very transparent. and part of that is in the 5 year budget plan the committee just submitted tonight.
Evan Gost, Laguna Hills Resident and member of Team Dark Horse the 3/5 Marines Support Committee thanked the council for passing the sex offender ordinance and stated he served in the Navy for 8 years and spent 78% of that time away from home so he went into the active reserves for an additional 12 years. He said he has tremendous regard for those who stay in the military and was happy to see the resurrection of the 3/5 Marine Support Committee in Laguna Hills. He said he feels rewarded to assist the Committee and to see how citizens appreciate military services now. He expressed that if the committee can get this minimal support they could better match needs with services and requested Option #3.
Dick Nagle, Laguna Hills Resident and Member of Team Dark Horse the 3/5 Marines Support Committee read a letter from Karen Robbins because it was so well written. (Karen Robbins is another Laguna Hills Citizen and member of Team Dark Horse who urged the council to vote for Option # 3.)
Karen's letter is synopsized here - I am writing to urge the city council to approve option 3 of the plans discussed at the previous city council meeting. The Committee feels this option is preferable for these reasons:
1. This option shows the greatest resolve and commitment on our City Council's part to follow through on their formal adoption of Battalion 3/5 by committing to providing AUTOMATIC assistance to the Support Committee each year.
2. Team Darkhorse was formed to follow through on the implied promises of Laguna Hills' City Council formal adoption of Battalion 3/5. Team Darkhorse exists because of the formal adoption. This distinction separates Team Darkhorse from the myriad of other, though worthy, charities which might apply for fund donations.
3. Memorial Day is a holiday with the distinct purpose of remembering and honoring those who died in service to our country. Our adopted Battalion has suffered the most casualties of any unit in the 10 year Afghanistan war. It makes logical sense that the city would, on Memorial Day, commit to asking that a portion of race funds go to the adoption committee. This is a perfect way to permanently memorialize the 25 Killed in Action in Afghanistan last year who gave their lives, in service to our country, during the period in which our city announced a formal adoption of their Battalion.
4. The Battalion does not and would not expect or ask for assistance from our city, however, Lt Col Morris emphasized that the knowledge and receipt of support from the community, and its civilian citizens, is tremendous for morale of our Marines. People look for ways to "support the troops." Our city can give them an easy, logical meaningful way.
5. When our city formally adopted the Battalion, we stepped forward to be counted among neighboring cities who did the same for other Battalions. How will we be counted? As a city which commits to our word? Or as one who commits to doing just enough to claim we did something?
6. Tying the Memorial Day Race with the Marines of 3/5, in this permanent fashion, is good for our community. Citizens want to celebrate Memorial Day in a meaningful way....that is why we see flags flying, and why people visit Veteran's cemeteries to hear tributes to the fallen. I think Laguna Hills citizens will feel proud of their city for taking this visible stand.
7. Awareness of the tie of our Memorial Day race with support for the 3/5 may spread, as will the popularity of the presence of the 3/5 at our event, and could increase the participation of runners, as well as the reputation of our city's commitment to civic responsibility beyond our immediate city borders.
Civic pride and duty are qualities everyone wishes to instill in future generations. In an era when only 1% of our population serves in our military, it is easy for our citizens to become estranged or unaware of the sacrifices and lives these Marines live. It is good for our country, our city and our children to see us stand up and be counted as people of our word when we say we support the troops. Memorial Day in Laguna Hills can take on permanent and vivid meaning when we see our Marines with us that day, and they know we have taken a stand.
Mav Bressette, Laguna Hills Citizen requested Option # 3. She said there is no similarity between the City's Adopted 3/5 Marines and others as no others were adopted by the City and the 3/5 is not a charity. She asked for $5 rather and $3 to be added to the runner registrations for the Memorial Day Events and added that funding coming from the racers will let the racers know they are helping. There would still be no profit so no problem with Proposition 26 according to our City Atty. She recalled that the Memorial Day race was tied to no issue at one time. She said she is not concerned for about a decline of registrants from year to year and this is an opportunity to make the race bigger.
Council Member Bressette made a motion to for Option # 3 increasing including increasing the $3 per registrant to $5. David Reynolds, Community Services Director injected that he did not know the level of comfort with $5 need to ask Dan Meehan, Community Services Supervisor. Dan Meehan said A $5 increase would being the fee up to average for this type of race in the area but was more comfortable with $3.
Council Member Bressette changed his motion to $3 and Option # 3. Mayor Songstad 2nd the motion. Council Member Kogerman said Option 3 is a no brainer and other organizations that are not adopted can still be considered under option #1. She added she is proud to be a part of this.
VOTE - Option 3 was passed 4 - 0
MATTERS AGENDIZED and PRESENTED by CITY COUNCIL MEMBERS **These Items are authored Council Members. The council member who authors an item here also does all of the research for that item - None
COUNCIL MEMBER COMMENTS - None
CLOSED SESSION – Conference with real property negotiator, Conference with legal counsel re. existing litigation, Public Employee Performance Evaluation - City Manager, Conference with Labor Negotiator - City Manager, report any reportable action.
The Next regular City Council Meeting is Tuesday December 13, 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.
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 - A and P for championing the Citizen Friendly Ordinance protecting children from registered sex offenders in the parks and assisting in getting it passed. A+ and P for introducing, championing, voting for the successfully passed issue of the Citizen Friendly Fund Raising Option 3 for the City's 3/5 Adopted Marines Support Committee to raise funds from the Memorial Day Event through directly contributing to the success of the event in lieu of requesting taxpayer funds annually from the City. P- for voting for the Citizen Friendly Continuation of Commercial Food Waste Diversion Program
Carruth - P - for voting to pass the Citizen Friendly Ordinance protecting children from registered sex offenders in the parks. P - for voting for the Citizen Friendly Fund Raising Option for the City's 3/5 Adopted Marines Support Committee to raise funds from the Memorial Day Event through directly contributing to the success of the event in lieu of requesting taxpayer funds annually from the City. P - for voting for the Citizen Friendly Continuation of Commercial Food Waste Diversion Program
Kogerman - A+ and P for introducing championing, getting passed and voting for the Citizen Friendly City Ordinance protecting children from registered sex offenders in the parks. A and P for championing the Fund Raising Option for the City's 3/5 Adopted Marines Support Committee to raise funds from the Memorial Day Event through directly contributing to the success of the event in lieu of requesting taxpayer funds annually from the City. P- for voting for the Citizen Friendly Continuation of Commercial Food Waste Diversion Program
Lautenschleger - 0 - Council Member Lautenschleger was absent from this council meeting.
Songstad - P - for voting to pass the Citizen Friendly Ordinance protecting children from registered sex offenders in the parks. P for voting for the Citizen Friendly Fund Raising Option for the City's 3/5 Adopted Marines Support Committee to raise funds from the Memorial Day Event through directly contributing to the success of the event in lieu of requesting taxpayer funds annually from the City. P- for voting for the Citizen Friendly Continuation of Commercial Food Waste Diversion Program
City Manager - F - for recommending against the Citizen Friendly Option # 3 for the City's 3/5 Adopted Marines Support Committee to raise funds from the Memorial Day Event through directly contributing to the success of the event in lieu of accepting taxpayer funds annually from the City.
(**Editor's Note - Council Member Kogerman copied us on a message she sent to City Attorney Greg Simonian in which she stated - You deserve great praise for crafting an ordinance that not only provides our children the protection we asked for, but that also covers issues not in the original county ordinance. Your suggestions for signage, exceptions, and solving the HOA issue were brilliant and should serve as a model for other cities. Well done!
** The Laguna Hills Watch Dog does not give grades to our City Attorney but would like to take this Thanksgiving Day opportunity to say a special thank you to Laguna Hills City Attorney, Greg Simonian. We have attended city council meetings in several other cities, observed differences, and have noted that our City Attorney, Greg Simonian, has set a wonderful example, not only through his careful crafting of the protection for children in the parks ordinance, but through his consistent attention to detail in all matters and in through being straightforward, honest and non-political in all matters. We appreciate you very much Mr. Simonian.)
** The Laguna Hills Watch Dog does not give grades to our City Attorney but would like to take this Thanksgiving Day opportunity to say a special thank you to Laguna Hills City Attorney, Greg Simonian. We have attended city council meetings in several other cities, observed differences, and have noted that our City Attorney, Greg Simonian, has set a wonderful example, not only through his careful crafting of the protection for children in the parks ordinance, but through his consistent attention to detail in all matters and in through being straightforward, honest and non-political in all matters. We appreciate you very much Mr. Simonian.)
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 30 - Flamingo's (LH) 11 AM - 9 PM LHHS earns 20% on this one!!
November 30 - Flamingo's (LH) 11 AM - 9 PM LHHS earns 20% on this one!!
December 6 - California Pizza Kitchen (LHMall) 11am-9pm
December 14 - Elephant Bar (LHMall) 11am-9pm
December 20 and 27 - Golden Baked Ham (Laguna Hills) 7am-5pm
December 21 - Polly's Pies (Laguna Hills) 7 am to 9 pm
January 4 Welcome Back Happy New Year WWW Resumes Next Week on 1/11/12
January 11 - Chick-fil-A (Aliso Viejo) 4-8 pm
**Don't forget to "LIKE" us on Facebook and help spread the word and Please Don't forget to download your flyers from our web site at: http://www.facebook.com/pages/Win-Win-Wednesdays/188686554512301?ref=
REGARDING LAGUNA HILLS CITY EMPLOYEES JOINING A UNION
California is a failed state due in large part to the corrupting influence of public sector unions on Sacramento. We're bankrupt...and to read that you have NO CHIOCE but to certify the union is most troubling. What could have been done? The city employees work for you and me ...yet they want to reserve the right to hold their fellow citizens hostage to their collective demands. Wish I had had a voice in the matter... Are higher salaries, gold plated pension and benefits packages unheard of in the private sector next? This is not good news folks.... I want to think all of you are well intentioned civil servants who have your constituents best interest at heart but how did we get to the point where you are powerless to protect us from the well documented corrupting influence of public unions. Finally... We all know union contributions can be cleverly disguised to make their source hard to trace. Will you accept their money? As a member of SOC912 a local Teaparty group, we will do everything in our power to bring the corrupting influence of union money out into the light of day. We are a grass roots group who believe government works for us...not the other way around. John Bosch
Anonymous said ... The Laguna Hills employees joined a union on City Manager Channing's watch. Channing is the highest paid City Manger in all of Orange County because he is supposed to be able to move mountains and he couldn't handle this? He also requested the City Employee Compensation report that the taxpayers paid for. His compensation report concluded the Laguna Hills non-management staff was underpaid and did not bother to look at management with contracts that, of course, includes Channing. Did Channing set us up for this or just blow it? Why do we never get reports from all those closed sessions about his contract and now why do we not just get rid of him?
REGARDING CHILD SAFETY ZONES TO PROTECT CHILDREN IN PARKS FROM REGISTERED SEX OFFENDERS
Regarding the ordinance establishing parks as “Child Safety Zones” brought forward by Council Member Kogerman: There were only a few of us in the audience on September 27th when Councilman Lautenschleger was the first to speak against it. He said, “Let's make one thing perfectly clear, there have been no sex crimes against children in the City since we incorporated." Mr. Lautenschleger must follow the news and read about very recent cases of child molestation in our city. He must know that statistically his statement was false, considering the size of our city and that it was incorporated in 1991. He continued with "I think we have to ask ourselves are we giving our people a false sense of danger?" It seems that Mr. Lautenschleger is trying to give us a false sense of safety. The main purpose of government is to protect its citizens. The great signage, the expensive city council chamber, the art work, these are all secondary. We elected Barbara Kogerman overwhelmingly in the last election and she is doing the job we elected her to do by initiating this ordinance. In 2012 we need to elect others that will, first and foremost, protect us and tell us the truth about our city. Valerie Bromberg
REGARDING CHILD SAFETY ZONES TO PROTECT CHILDREN IN PARKS FROM REGISTERED SEX OFFENDERS
Regarding the ordinance establishing parks as “Child Safety Zones” brought forward by Council Member Kogerman: There were only a few of us in the audience on September 27th when Councilman Lautenschleger was the first to speak against it. He said, “Let's make one thing perfectly clear, there have been no sex crimes against children in the City since we incorporated." Mr. Lautenschleger must follow the news and read about very recent cases of child molestation in our city. He must know that statistically his statement was false, considering the size of our city and that it was incorporated in 1991. He continued with "I think we have to ask ourselves are we giving our people a false sense of danger?" It seems that Mr. Lautenschleger is trying to give us a false sense of safety. The main purpose of government is to protect its citizens. The great signage, the expensive city council chamber, the art work, these are all secondary. We elected Barbara Kogerman overwhelmingly in the last election and she is doing the job we elected her to do by initiating this ordinance. In 2012 we need to elect others that will, first and foremost, protect us and tell us the truth about our city. Valerie Bromberg
Anonymous said...OBSERVATION: In a democracy, every citizen is a public official.by Michael Josephson on November 5, 2011
Former Sen. Daniel Patrick Moynihan, who was used to partisan politics and intense debates, pointed out that, “Everyone is entitled to their own opinion, but not their own facts.” When we instinctively choose to believe what we want to believe or construe all evidence in favor of our predispositions, we effectively disable our ability to participate in rational discourse. If every citizen in a democracy is a public official, then everyone who votes or states a public opinions about policy has a moral imperative to strive to be both informed and objective. Be careful that the intensity of your beliefs does not blind you to the possibility that your opinion is unworthy because it is based on erroneous, incomplete, or distorted facts. It takes moral courage to be objective, especially if it means concluding that someone on your side is wrong and someone on the other side is right.
Former Sen. Daniel Patrick Moynihan, who was used to partisan politics and intense debates, pointed out that, “Everyone is entitled to their own opinion, but not their own facts.” When we instinctively choose to believe what we want to believe or construe all evidence in favor of our predispositions, we effectively disable our ability to participate in rational discourse. If every citizen in a democracy is a public official, then everyone who votes or states a public opinions about policy has a moral imperative to strive to be both informed and objective. Be careful that the intensity of your beliefs does not blind you to the possibility that your opinion is unworthy because it is based on erroneous, incomplete, or distorted facts. It takes moral courage to be objective, especially if it means concluding that someone on your side is wrong and someone on the other side is right.
Anonymous said...Thank you for stressing the importance of accurate information from both sides. Apparently the Sheriff's Dept. was willing to take another look at their information, willing to admit their mistake and correct it. Wish all the politicians were willing to do the same.
REGARDING FUNDING FOR THE CITY'S ADOPTED 3/5 MARINES' SUPPORT GROUP
REGARDING FUNDING FOR THE CITY'S ADOPTED 3/5 MARINES' SUPPORT GROUP
What's wrong with the 3 City Council Members and City Manager related to their lack of support for the Marines? The Marines are giving back to the City to make the Memorial Day event more popular. The Marine support group is not asking the City for a handout here, it's asking for the Marines to be a partner in the Event. If there is a very minor additional fee of 3 to 5 dollars added for runners in the event there is no money being given from the City so no need to consider this as a charity every year in the budget. The City Manager and those council members who always support him want to do what's easiest for them, rather than what the citizens want. I attended the Memorial Day event for the 1st time ever, this year, just because of the Marines and the Marines made it a hit. I would never have attended before and won't attend again if the City won't partner with the Marines. The City Attorney figured it out perfectly - City Atty. Simonian added - To make it easy you could add the $3, tally it up at the end, and bring it back with a Staff Report and a Community Assistance Funding Resolution in that exact dollar amount. So tell the City Manager if he doesn't like this plan perhaps he would like to donate from the bloated compensation the City is paying him. What's happening with his contract and all these closed sessions anyway? Why do the citizens who are paying him never hear anything?
REGARDING CITY COUNCIL AGENDA PRIORITIES FOR COUNCIL MEETINGS
Anonymous said...Watch Dog, you are right about the council meeting priorities. I have attended these city council meetings and have had to wait forever to address a citizen matter while I sat through what seemed to be hours of listening to how a sign was too big for the council's taste but they had no jurisdiction over it so the whole discussion was one huge waste of my time. I don't waste that kind of time in my business so why should I pay their their salaries for wasting my time in theirs? That bunch should definitely be serving the citizens first but only Kogerman and now sometimes Bressette seem to understand that. An election year is coming up so I suggest the Council Members should all understand the concept of serving the citizens first and change their agenda priorities before I vote again.
OTHER ISSUES
Anonymous said...We are the 99%' take to O.C. streets in protest. More than 150 people in three cities gather to show support for the “Occupy Wall Street” movement. From Laguna Hills protestors included Karl Downey and Laurie Hester - See what they had to say at http://www.ocregister.com/news/jobs-327622-hills-laguna.html
Anonymous said ...Christmas 2011 — Birth of a New Tradition - BUY AMERICAN – BE AMERICAN The job you save might be your own. Make this the new American Christmas tradition.
How about gift certificates from your local American hair salon or barber? Gym membership? Car detailing? A book of gift certificates, driveway sealed, lawn mowed, driveway plowed all winter, or games at the local golf course, owner-run restaurants gift certificates. This is about supporting your home town Americans with their financial lives on the line to keep their doors open. An oil change for a car, truck or motorcycle, done at a shop run by the American working guy, the services of a local cleaning lady for a day, computer tune-up from some guy who is struggling to get his repair business up and running. Local crafts, going out to see a play or ballet at your hometown theatre, find a venue showcasing local bands. When we care about our communities, the benefits come back to us in ways we couldn’t imagine.
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 please look for unwrapped toy and gift collection boxes at the City Hall, the Community Center and the Nellie Gail HOA Club House. Last day to donate is December 1. Last year Team Dark Horse delivered over 600 toys/gifts to our adopted Marine Battation Thank you for your generosity. ** Also don't miss the very compelling Stories from Jane Wayne Day - Local Citizens Living as Marines for a day at Camp Pendleton, by Karen Robbins at http://www.benzinga.com/users/karenrobbins
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
How about gift certificates from your local American hair salon or barber? Gym membership? Car detailing? A book of gift certificates, driveway sealed, lawn mowed, driveway plowed all winter, or games at the local golf course, owner-run restaurants gift certificates. This is about supporting your home town Americans with their financial lives on the line to keep their doors open. An oil change for a car, truck or motorcycle, done at a shop run by the American working guy, the services of a local cleaning lady for a day, computer tune-up from some guy who is struggling to get his repair business up and running. Local crafts, going out to see a play or ballet at your hometown theatre, find a venue showcasing local bands. When we care about our communities, the benefits come back to us in ways we couldn’t imagine.
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 please look for unwrapped toy and gift collection boxes at the City Hall, the Community Center and the Nellie Gail HOA Club House. Last day to donate is December 1. Last year Team Dark Horse delivered over 600 toys/gifts to our adopted Marine Battation Thank you for your generosity. ** Also don't miss the very compelling Stories from Jane Wayne Day - Local Citizens Living as Marines for a day at Camp Pendleton, by Karen Robbins at http://www.benzinga.com/users/karenrobbins
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/
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 .
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.
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 .
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.
