Laguna Hills Watch DogLaguna Hills City Council Meeting - April 24, 2012
Features Directory
** Special Announcements - For Questions about what's happening now in the City of Laguna Hills related to LAND USE, MOBILITY/CIRCULATION, CONSERVATION and OPEN SPACE, COMMUNITY SERVICES and FACILITIES, SAFETY, NOISE, and HOUSING Click on http://www.ci.laguna-hills.ca.us/documents/depts/commdev/Laguna_Hills_General_Plan.pdf to see the entire text of the LAGUNA HILLS GENERAL PLAN for 20 years.
** Citizen Alerts for future City Council Meetings will be listed on the blog site within 4 days prior to a meeting - Consider attending a meeting that interests you.
** Presentations and Proclamations - None
** Public Comments - On the Moulton La Paz Commercial Center Remodel and Win Win Wednesday*
* LHHS Student Liaison Report Jeena Bonutto, alternate Adam Wong - Annual Casino Night at the Community Center; Physical Exams at school for athletes - Nurses and Physician Volunteers being sought, MR. HAWK Competition, The Spring Musical, Swap Meet
**Consent Calendar - Warrant Register - $1,068,699.96
** Items of Interest from the Warrant Register - $2,500 for Coyote Control Pgrm. for March 12, $700 to Faubel Public Affairs for 2012 Summer City Views
** Items Pulled from the Warrant Register- None
** Items of interest in the Consent Calendar - Item 4.3 - Progress payment La Paz Rd widening at I-5 + $61,000 in change orders, Item 4.4 - Weed Abatement Program is your property on the City's List? Item 4.5 - 2nd call for projects for the Measure M2 Environmental Cleanup Pgrm. to protect beaches and waterways from urban runoff, Item 4.6 - Authorization for bids for citywide pavement rehabilitation project- Is your street on the schedule?
** Items pulled from the Consent Calendar for discussion - Item 4.6
** Planning Agency and Planning Agency Public Comments for any issues not listed on the agenda - None
** Planning Agency Public Hearings - Adding Reasonable Accommodation for Persons with Disabilities to the Laguna Hills Municipal Code - this item was incorrectly distributed as a Planning Agency Item and will return to the City Council Meeting on May 8, 2012.
** City Council Public Hearings and Public Comments - Item 6.3.1 - Request for Conditional Use Permit (CIP) to Remodel and expand the Moulton La Paz Shopping Center- Why were Residents who objected to some design elements suddenly shut down when the Developer agreed to additional changes?
** Administrative Reports - Item 7.2.1 - Project Selection for State-local Partnership Funding through the Orange County Transportation Authority (OCTA) Submit application for OCTA - unsafe sidewalk beside Valencia School was NOT selected as a project - Assist. City Manager Don White said this City's accent is on PRODUCT not PROCESS but is it? Item 7.2.2 - Request to advertise for bids for every 2 year Turf Renovation on at the Community Center and Sports Complex. Item 7.2.3 - Unsafe La Paz Sidewalk adjacent to Valencia Elem. School - staff report - Do Council Members see this as a serious safety issue, what can be done and when?
** Matters Agendized and Presented by Council Members - Council Member Kogerman's Agenda Item pulled by the City Manager
** City Council Member Comments - Mayor Carruth - City's Earth Day report, Council Member Kogerman - Saturday April 28 is National Prescription Medication Take Back Day and Comment on her Agenda Item being pulled by the City Manager
** Closed Session - No session scheduled this time with Labor Negotiator Daniel Cassidy, re. the City Manager's Terms and Conditions of Employment. These sessions have been ongoing for 7 mos. (since Sept 27, 2011) with No Public Progress Report??
** City Council Members Report Card - How did they score?
* Information, Comments, Questions, Concerns from LH Watch Dog Readers from the previous blog post including Win-Win-Wednesday's schedule
* How to support our 3/5 Adopted Marines and Updates -
* News Stories and Blogs about Laguna Hills - find more in the OC Register online under "City-by-City News" - "Laguna Hills".
* City Council Members Say the Darndest Things in Public
* Crime in your Neighborhood
* Tips for Writing a letter to the Editor of the OC Register Newspaper
Laguna Hills City Council Meeting - April 24, 2012
All council members were present
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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
PRESENTATIONS and PROCLAMATIONS - NONE
PUBLIC COMMENTS -
Shanon Friedman, Laguna Hills resident from Falcon Hill, said she is speaking now on the Moulton - La Paz Shopping Center remodel because she has to leave early. She said her home directly faces the center and she asked the council to make the development citizen friendly related to the increased traffic, noise and lighting issues. She added that they have a special needs child and just bought their first home here a year ago. She noted that the City maintained minimal landscape on the hill along the perimeter of their property which serves as a traffic barrier along La Paz has thinned considerably. She asked for a mature, attractive landscape barrier that runs the entire perimeter along La Paz properties that face the retail center and a landscape barrier along the retail side of La Paz to obscure the retail center as well. She added that this should be able to be done cost effectively related to the additional amount of revenue generated from this development. She asked for no added stop light or cross walk in front of their home and for no approval of lighting or signage that will shine into her home.
Meg Gorham, Laguna Hills Resident and Win-Win-Meg (Architect of Win-Win-Wednesdays for LHHS), Meg announced that they are getting ready for the June 13 Grad Night Preview at LHHS and 7 different great restaurants, all from Laguna Hills, will be involved serving as preview night sponsors and bringing food samples to preview night and will also have individual Win-Win-Wednesdays at their Restaurants during the Summer. The need to present a flyer has also been addressed and you can now get durable and attractive business card size Win-Win-Wednesday Fan and Supporter Cards that contain all the info. for W-W-Wed on one side including how to subscribe to W-W-Wednesday to get your flyers, dates and Restaurant Information sent to you weekly on Wednesdays and the other side of the card will serve as a universal flyer, if you forget to bring a flyer. May 2 will be Quiznos in Laguna Hills, May 9 will be at Mother's Kitchen, May 16 - Pepinos, May 23 - Jersey Mikes on El Toro and May 30 - Flamingos.
LHHS STUDENT LIAISON REPORT by Jeena Bonutto, alternate Adam Wong - May 5th is the 25th Annual Casino Night at the Community Center, $40 per person, food Casino Activities, Auction and Live Music, with proceeds going to support the all the Athletic Programs at LHHS. On Tues. May 22, from 4 to 9 pm Physical Exams will be conducted at school for athletes - Nurses and Physician Volunteers are being sought to help - Please call the school to volunteer. The MR. HAWK Competition (mimicking the Miss USA Pageant) coming on Sat. April 28 at 7 pm and $7 at the door. The Spring Musical, "Into the Woods" is coming on May 3 - 5 and May 10 - 12 at 7 pm at the LHHS Theater. Swap Meet was held in the LHHS parking lot last Saturday to raise money for the LHHS clubs and the 3/5 Marine's Support Group - Team Dark Horse was there raising funds as well.
MINUTES - The City Council Approves 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 always a significant delay for the public related to timely documentation of information but you can now watch and listen to the City Council Meetings on the City's web site at www.ci.laguna-hills.ca.us
CONSENT CALENDAR - Warrant Register = $1,068,699.96
Items of interest from the Warrant Register - $2,500 for Coyote Control Pgrm. for March 12; $700 to Faubel Public Affairs for 2012 Summer City Views
Items pulled from the Warrant Register - None
VOTE - Warrant Register Approved 5 - 0
Items of interest from the Consent Calendar -
4.3 - Progress payment for La Paz Road widening at I-5 - $189,800.99 including a $61,000 in change orders
4.4 - Weed Abatement Program - It's that time again when the City inspects properties for fire hazards and notifies residents of need to cut weeds clean up refuse, etc. On April 26 notices will be sent to about 530 property owners and there will be a PUBLIC HEARING on May 22, 2012. Notices of cost of weed abatement for non-complaint private Properties will be send on June 28, 2012 and Public Hearing for Costs of weed abatement on July 10.
Click on http://permits.ci.laguna-hills.ca.us/sirepub/mtgviewer.aspx?meetid=88&doctype=AGENDA Scroll down to Item 4.4 and click on that item to see "Supporting Materials" then click on the 3rd file (Weed Abatement List) under "Files" and click on the pop up bar at the top that says http://permits.ci.lagun... to see if your name is on the City's list to receive a Weed Abatement Notice.
4.5 - 2nd call for projects for the Measure M2 Environmental Cleanup Program to protect beaches and waterways from urban runoff associated with transportation-generated pollution. An estimated $2.8 million in Measure M2 funds for Fiscal year 2012-2013 are being made available to eligible applicants including Orange County Cities on a competitive basis. The City was awarded $61,950 for installation of 60 debris gates in fiscal year 2011-2012. The City has a plan to install more debris gates and anticipates an award of $95,032 which will consist of $70,350 in grant funds and a future match requirement of $24,682 which the City expects to provide through in-kind services over a 10 year period in the Public Works Operating Budget and County catch basin cleaning crews.
4.6 - Authorization for bids for citywide pavement rehabilitation project. There is a pavement Maintenance Program (PMP) dividing the City into 6 zones that is updated every 2 years related to establishing need on a 0 to 100 point scale. The project for bid at this time are scheduled to start in July and the estimate for the project is $1,750,000. Maps with names of the streets to be serviced are available in the staff report on this issue on the City web site, but the staff report notes that depending upon the bid amount there may be fewer streets or more streets serviced.
Click on http://permits.ci.laguna-hills.ca.us/sirepub/mtgviewer.aspx?meetid=88&doctype=AGENDA Scroll down to Item 4.6 and click on that item to see "Supporting Materials" then click on the 2nd file under "Files" and click on the pop up bar at the top that says http://permits.ci.lagun...to see if your street is on the City's list for rehab. this time.
VOTE - Consent Calendar (Minus item 4.6) Passed 5-0
Items Pulled from the Consent Calendar for Discussion - Item 4.6 was pulled by Council Member Kogerman who asked if she should recuse herself from the vote on this item related to some of the streets receiving pavement rehab. being in the neighborhood where she lives. City Attorney Greg Simonian advised that recusal was not necessary for routine maintenance of streets.
VOTE - Consent Calendar item 4.6 was approved 5 - 0.
PLANNING AGENCY and PLANING AGENCY PUBLIC COMMENTS on any issues Not Listed on the agenda - NONE
CITY COUNCIL/PLANNING AGENCY PUBLIC HEARINGS and Public Comments -
5.4.1 - Adding Reasonable Accommodation for Persons with Disabilities to the Laguna Hills Municipal Code. Providing a procedure for this in the City's zoning and land use regulations, policies and practices pursuant to federal and state fair housing laws.
Staff report states that the public notice for this Zoning Text Amendment was incorrectly distributed as a Planning Agency Item when it is subject to review by the City Council. Therefore, staff must provide the proper public notice as a City Council Agenda item and bring this back for review by the City Council at the regular meeting of May 8, 2012.
VOTE - 5 - 0 for this item to come back on May 8, 2012.
CITY COUNCIL PUBLIC HEARINGS
* Council Member Lautenschleger recused himself from this entire sessions because he lives in Falcon Hill within 500 feet of the project and the Council Chamber was filled with residents waiting to discuss this issue.
PUBLIC HEARINGS - 6.3.1 - Request for a Conditional Use Permit (CIP) to Remodel and expand the Moulton La Paz Shopping Center to include the addition of approx. 30,000 sq. ft of new commercial space, updated facades, new parking lot layout and landscaping plus consideration of the disposal of public property of 3.365 acres included in the development proposal. This item was continued from the April 10, 2012 City Council/Planning Agency Meeting related to the disposal of the public property.
Katy Crocket, LH City Community Development staff member presented the first report for this item and stated that the City's land in this area of about 3.365 acres that will net 2.34 usable acres for development has been sold to the developer in "as is" condition for $2,760,677. She said the Master Sign Program for this development was not presented at this meeting so will be brought back to the council at a later date. The application for this project was submitted 12-14-2011. She said the City sent notices to property owners within a 300 foot radius of this development on Feb 3, 2012 and on April 3, 2012 held a meeting with residents living to the North and East of the project. She noted that a portion of this Open Space land area was rezoned to Community Commercial. She noted that at the time of the General Plan update (2008-2009) a Newsletter was sent out describing the General Plan update process and generally what that would mean for the future of the City and residents. She said no apartments or condo units will be part of this development and only passive recreation. She said the highest of these roof elements including the Market roof element reach 44 ft. here and 40 ft is the standard in the City although there is allowance for minor deviations not to exceed 10%. She added the existing equestrian trail will be improved and the City will continue to have an easement for that.
David Chantarangsu, Community Development Director noted that staff went into the rear yards of many neighbors to take photos of the center from which they constructed simulated views of the planned roof lines of the new center and new surrounding landscape. City reports found no problems with additional traffic related to their traffic study reports and doesn't think cut through traffic will be a concern. Night time noise will be limited.
Mayor Carruth said she visited the site on several occasions and walked to the top of slope to experience the impact to some of the residents, she spoke privately with residents Nancy Winter, Christian Jorgenson and Tim Morris gave her a tour of his back yard and the McLaughlin's and the Murietta's back yards.
** Editor's Note - The LH Watch Dog spoke with Ms. Nancy Winter, who was very enthusiastic about the new commercial development, said that although she did not have view property in the area, she believed most of Laguna Hills residents would be in favor of this. Residents Morris, McLaughlin and Murietta do have view properties in this area, see what they had to say below.
PUBLIC COMMENTS -
Jerry Garner, Representative for the Moulton La Paz development said the new lighting will shoot down to the ground and not up or off to the sides with low light levels. The opening of the new center is predicted to be June of 2013. He said there will be no construction traffic between 7 and 9 am and construction is limited by City Ordinance not to begin before 7 am on weekdays and 8 am on weekends. Jerry said they are adding about 30,000 sq. ft. to the development and the Market alone is more than 20,000 sq. ft. The parking is more than required. He said the O'Reilly Auto Parts building will be cut in half for a different use, there will be a free standing building on Moulton and another freestanding building, called building D, with a burm behind this building and no signs.
Jim Leach, CPO of the So. OC Regional Chamber of Commerce and Economic Coalition spoke for the development focusing on business benefits and jobs and urged approval.
Pat McLaughlin, Laguna Hills Resident since 1990 on 24632 Monte Royale. He stated he would never have purchased his house if he'd known at the time that commercial development in this area was possible. He said that was prohibited by the CC&Rs when the house was purchased but the City rezoned that. He reported that he is representing only the Monte Royale area and most of the talk tonight has been from the point of view of the Los Alamitos area so this perspective that hasn't been represented by the City yet is important to him and to his neighbors. He noted the City made money from the sale of property that was originally zoned for open space and has now been rezoned to commercial. He noted a problem in the development design related to traffic coming down La Paz at 50 mph and having to stop quickly to turn into the small new driveway serving this development, especially if the turn is made by a large truck which will also add noise and congestion affecting those who live adjacent to La Paz. He said something else not been discussed so far is changing the views on Monte Royale from Open Space to Commercial Buildings. He pointed out that one of the buildings was only 50 feet from his back yard. He urged the council to picture a building 50 feet from their back yards. He added that he had a broker do a real estate evaluation of the area the broker reported the effect on his home and that of his neighbor Adrian Murietta would be about a 33% reduction in the value of the houses. He explained that the reduction in value decreased to 25% and then to 15% for properties progressively further away from the "Commercial Development. He noted they look out the windows at trees now but will be looking at a commercial building. He pointed out that their views on Monte Royale are not down to the hills,but out to the Open Space that will now be corrupted with commercial structures. He provided a quote from the Real Estate broker and overhead slides to illustrate his points. He concluded by stating pad D and the parking lot next to it have a huge impact on the Monte Royale properties and he asked that the council strongly consider moving that part of the plan. Council Member Kogerman and Mayor Carruth inquired about landscape screening from the project and Mr. McLaughlin responded that the building D will still be seen clearly.
Plans posted on the City web site state this about Mr McLaughlin's address and building D. - 24632 Monte Royale (see sheet 18 of the project plans) The finished floor elevation at this property is approximately 276.1 feet. While this property has no direct view of the San Joaquin Hills, staff noted that due to this property’s relatively lower elevation, new Shops D will be visible to some extent from this property. Some portions of shops D will rise above the finished grade of this residence, but not above the critical vantage point. The east elevation (rear of the building) of new Shops D may be visible; however, due to its horizontal distance from the residence, it will not be imposing. Further, the building will be further screened from view by extensive landscaping as well as a landscape berm which will screen the lower half of the building (see sheet 7 of project plans and Appendix C). ** Editor's Note - We spoke with Mr. and Mrs. McLaughlin who said This comment ignores the fact that Monte Royale perspective is into the open space, not over it into the hills, which is the case for the Los Alamitos side.
Gary Goff, Laguna Hills Resident and 25 year home owner on Monte Royale objected to development of the small amount of open space that is left. He asked did we come to the point where we have to have landscape to block the views of buildings that shouldn't be there. He noted that these homes were all built as view homes and purchased at higher prices related to being view properties, but now values will go down. He said he would rather have a park, but recognizes that this center needs a face lift. He asked, do you need to put a building in Mr. McLaughlin's back yard? He said this can be built in a way that causes no harm to residents and still produce revenue for the City. He added that he is not directly affected initially but recognizes the plight of his neighbors on the other side of the street.
Phillip Cook, 27 year Laguna Hills Resident on Alta Loma Court above this development said he is opposed to the project although not directly affected and doesn't like the change from Open Space to Commercial Development. He said more residents should have been notified beyond the ones who are so close to this development because so many residents miss the open space we used to have. He said when he bought his property he was told that the common area would remain open space and feels that the City of Laguna Hills cheated us. He said the City will make money from this and that money will be quickly gone, but many residents will have to continue to live with looking at these buildings every day. He said under the General Plan he thinks this is just the first of many projects that will change our open space to commercial zones and he is opposed to that.
Adrian Murietta, Laguna Hills Resident on Los Alamitos, directly above the shopping center, said he was concerned about the negative effects on surrounding properties of the height of the buildings. He presented overhead photos and said the towers will rise above the pad level of his home. He said the Chuck E. Cheese tower is 8 feet above the level of the pad for his house and will affect neighbors on both sides as well. He pointed out that the cupola level is also 8 feet above his pad level, the tower above Baja Fresh will be about 4 feet above his pad and the proposed new market will be 13 feet higher than his pad level. He said the buildings will be closer and the landscape trees will be up against their slope which will also decrease the view in that direction. He reminded the council that these lots were sold as view lots and the proposed landscape trees would leave him with only a clear view of the sky, which he noted, most everyone has. He asked why so much additional height is needed on these buildings to make the center look better. He requested a skeletal structure to give the residents a more accurate idea of how the proposed heights would affect their views. He also asked that the new landscape on the slopes not block further block their views.
Tim Morris, Laguna Hills Resident since 1977 on Los Alamitos, asked the council not to approve the plans for all the reasons that have just been stated. He said the shopping center was there when he moved here but he still had an unobstructed view at that time. Now, the new elements at both ends of the buildings and the cupola will block his view. He said Mr. Murietta asked Assist. City Manager Don White and David Chantarangsu to install flags to mark the proposed heights of the new building for the residents and instead they took photos from residents back yards and Photoshopped in what they thought the new buildings would look like from those yards. He said he and Mr. Murietta fashioned a pole and went down to the locations and held the pole up at the measured heights. He noted they found the view obstructions to be more prevalent than the City thought they would be. He noted that these tall elements are just for appearance and asked, "Can't you make the existing buildings look nicer without blocking our views?" He also noted Building D to be built beside Baja Fresh in the Open Space area taking away the rural look that is one of the reasons we live where we do. He also noted problems to come related to more traffic trying to get out of the shopping center through the existing driveways especially turning left.
Jerry Garner, Representative for the Moulton La Paz development spoke again. He said what they wanted to do with building D was cap the project and separate the project from the park. He noted that the Market that is moving into the development would not let them put building D on Moulton because they want sight lines. The O'Reilly building was cut in half also because of the market not wanting it to come so close to their front entry and interrupt their parking. He said building D acts as a sound wall barrier from the parking area for the residents. He noted Nadel Architects is the designer. Council Member Songstad asked about the height issues. Jerry said Greg Lyons is the designer and this is what he designed. He said if you don't the cupola we can take it off. He said the raised elements give the best tenants more of a presence in the center. He said there are 2 elements over 40 feet over the front entry and this could probably be lowed more. He said the building a tower could be lower. He said it's a question of the design element and the neighbors wanting it to be lower and the answer is I think we can lower it if that's what the City wants to do. Songstad said he knew Jerry tried to work with staff to reduce the impact on the surrounding homes. Jerry responded that they definitely want to do all they can and suggested an additional condition be added for lowering some of the tower elements a few feet. He added they could lower the 41 foot tower element to 32 feet.
After some general discussion regarding lowering tower heights, Council Member Kogerman asked for a 10 minute break for the Mr. Jerry Garner and the architect to speak staff about this. Council Member Bressette said this is a presumption that the agency members want to make changes to the design. He said after a break you may find that any changes heard may not be what the planning agency and city council has in mind. Mayor Carruth said it's most unusual to try redesign a building in a few minutes and brought the issue back to the council for comments.
Council Member Bressette reminded the residents that, "It was your Home Owners Association who owned and controlled the open space until you decided that you should ask the City to take it over, and you asked the City to take it over twice before the City Council decided to accept the IOP. You didn't have to do that, that was your choice, and when you did that, whether you knew it or not, you gave up a lot of the decision making power that you once held to Government. Now in my mind, I would never do that but never the less you did. So, we have been as good a steward of that property as our budget allowed. If you look on the other side of Alameda, which is the side I live on, that property is horrible. That's absolutely a wasteland compared to what you have." Bressette went on to say,"We have a project in front of us that helps to revive a shopping center that is dilapidated." He concluded with, "I think the developer has done a very good job of give and take. This developer has spent as much time or probably more with the neighborhood" etc. "I think that we will be better off, as a neighborhood with this project." "I am satisfied with the plans as presented."
Mayor Carruth stated the project has already been modified, is the result of 2 years of work on the General Plan where it was identified as an Opportunity Area. She said the center was in a downward spiral and asked, what's next a tattoo parlor? She suggested driving around and looking at all the renovations in the City and said she supports the plan as presented. She added that this renovation responds to the philosophy of the General Plan which is, "We've got to get our residents out of the house." "We've got to get our residents eating healthy food." "It's part of our "Get Fit Plan" that we adopted 10 years ago." She said they could cut off 18 to 20 inches from a tower or two but it needs to look good she thinks you all will be very glad we approved this project. Council Member Songstad agreed with Carruth and added that the City doesn't try to make money, it tries to improve the community. Council Member Kogerman said if the developer can lower the towers that would be fine, as they have indicated very strongly that they are interested in making the residents happy, but she like the project and agrees to accept the project.
** Editor's Note - We spoke with some of the residents and learned that there was a meeting on April 3, 2012 for questions and comments from the residents, but the developer or developer's representative did not appear to be present at that meeting and there was not another meeting to answer the questions and comments received from residents on April 3 until this April 24th City Council Meeting during which the council pulled the plug on residents just as the developer said he was willing to work with them.
VOTE was 4 - 0 to approve staff recommendation parts 1 (the site development) and 2 (sale of the City Property) and changes to 27 (permit for new market), 28 (submission of all landscape documents) and 32 (applicant shall grade the city landscape and trail easement)
*** To hear the complete text from everyone who spoke about this issue, you can click on http://permits.ci.laguna-hills.ca.us/sirepub/mtgviewer.aspx?meetid=88&doctype=AGENDA where you can also see the video of the complete council meeting presentation which was very lengthy with much repetition related to presenting the design for this center.
To find Staff Report Files for this issue Click on http://permits.ci.laguna-hills.ca.us/sirepub/mtgviewer.aspx?meetid=88&doctype=AGENDA Scroll down to Item 6.3.1 and click on that item to see "Supporting Materials" then click on any of the files under "Files" and always click on the pop up bar at the top that says http://permits.ci.lagun... after clicking on any file to make the file appear you can see details for this project including concerns from the surrounding community.
ADMINISTRATIVE REPORTS -
7.2.1 - Project Selection for State-local Partnership Funding through the Orange County Transportation Authority (OCTA) Submit application for OCTA - The staff report states the OCTA approved a one time only funding program for OC cities for road improvements through Prop. 1B funds know as State-Local Partnership Program (SLPP). The report states approx. $300,000 will be made available to the City of Laguna Hills and this funding must be matched equally with Measure M2 Fair Share Turnback Funds bringing the project value to $600,000.
Staff prepared a list of projects that fit the funding requirements and needs Council approval to submit an application to OCTA with the projects. The proposed projects include Ridge Route Dr. Pavement Rehab. from Avenida de la Carlota to Moulton Pkwy. as the 1st priority as it is currently planned to be funded by General Funds; also El Toro Rd. pavement rehab. from West City Limits to East City Limits currently planned to be funded by General Funds, and Access Ramp Construction to comply with the American's with Disabilities Act at various locations throughout the City.
Staff report states that the widening of the sidewalk on the South side of La Paz Rd along side Valencia Elem. School could be included in this project list and has not been included because it is not a currently identified or prioritized Capital Improvement Program Project.
For more information on this item Click on http://permits.ci.laguna-hills.ca.us/sirepub/mtgviewer.aspx?meetid=88&doctype=AGENDA scroll down to Item 7.2.1 and click on that item to see "Supporting Materials" then click on the file under "Files" and always click on the pop up bar at the top that says http://permits.ci.lagun... after clicking on any file to make the file appear.
Ken Rosenfield, Director of Public Services, City Engineer said this is a $600.000 one time window of opportunity projects must be ready to go to bid by December 2012. There is no limit on the number of projects submitted and he said he believed the Valencia school project could be made ready for submission as a project for this funding opportunity. Council Member Songstad said this is not a Capital project and we haven't decided if we want to do this and what options to consider. Council Member Bressette expressed that the school project is very important and there is no limit on the number of projects for submission for this funding. City Manager Channing spoke in favor of "Process" saying the you are creating and elevating a project that has not been thoroughly evaluated, and is ambitious related getting it ready in time for submission, no public discussion, limited time to get agreements from school for easements, etc. Council Member Kogerman suggested it would make more sense to discuss the school sidewalk Item 7.2.3 first then come back to this item and she would like to see the sidewalk item involving the safety of children moved up to number one. Mayor Pro-Tem Lautenschleger argued for 20 years the school sidewalk has been what it is. It's an important project, "but people for 20 years are safe. I've never seen anybody to out in the street and get hit, they always walk on the sidewalk." Bressette made a motion to table this item until after the school sidewalk item is discussed.
VOTE was 3 to 2 to move to discussion of the school sidewalk item first. (The "No" Votes were Songstad and Lautenschleger.
FINAL VOTE on this item was 5 - 0 to pass this item WITHOUT including the School sidewalk- see below under Item 7.2.3 La Paz Sidewalk adjacent to Valencia Elem. School to learn more.
7.2.2 - Authorization to Advertise for bids for turf renovation at the community center and sports complex. Staff Report says every 2 years the turf on the soccer fields at the community center and Sports Complex is replaced after the 4th of July Event to ready the fields for the fall soccer season. Fiscal Impact to the City is reported to be $175,000
Staff Recommendation is to authorize advertisement for bids for this project.
VOTE was 5 - 0 in favor of this item
7.2.3 La Paz Sidewalk adjacent to Valencia Elem. School - The sidewalk capacity on the South side of La Paz from Champlain to Paseo de Valencia is too narrow and there is a slope failure, from a slope that has no retaining wall, encroaching onto that sidewalk. These problems in addition to the increase in the speed limit from 35 to 40 mph in that area increase the safety risk for children walking to Valencia Elem. School.
** Editor's Note - On our report for the March 27, 2012 City Council meeting we noted this situation could be immediately improved through trimming of the shrubs on that slope to get them off the sidewalk, shorten them and angle them back toward the school.
Ken Rosenfield, Director of Public Services, City Engineer presented this item - the slope landscape is not being maintained, silt is on the sidewalk and people block portions of the sidewalk by opening their car doors onto the sidewalk to drop off students. He said this is a straight forward project from his point of view but doesn't know the time table of the school district so that could slow the project to keep it from being included as a project in the State-local Partnership Funding (SLPP) through the Orange County Transportation Authority (OCTA) - (see above item # 7.2.1). Project planning needs to be ready by Dec. 2012 to be included. He said the wall to be built in option 1 would be about 800 feet long and 8 feet tall to allow an additional 4 feet to be added to the current sidewalk. He estimated the design element would cost about $25,000 and said there is no school funding currently available. He also noted that the SLPP funds can be used to pay for construction but not for design. He also said that he believed he could get this ready in time to be approved as a project for the SLPP funding at best it would not be built until the Summer of 2013 so for all next school year there would be no change. He added that the elimination of parking in that area would improve the situation immediately. Options were discussed regarding the length and height of the wall, rights of ways, etc.
The Staff Report gave the council the following 3 options for correcting the safety issue involving the widening of the Valencia School sidewalk:
1. This option will widen the sidewalk an additional 4 feet on the school side of the sidewalk through construction of a 5 or more foot retaining wall in the slope running beside the school. An easement will be required from the Saddleback Unified School District and a Right of was acquisition from a property owner at the SW corner of La Paz and Champlain Rd.
2. This option will extend the width of the sidewalk by moving the existing curb and sidewalk an additional 4 feet into the street side of the sidewalk, without the construction of a retaining wall in the slope. This will require the elimination of the bike lane and on-street parking.
3. This option will also move the existing curb and sidewalk an additional 4 feet in to the street lanes to create an 8 foot wide sidewalk. The median island in the street would need to be modified by being reduced in width by 4 feet and eliminated in one spot but the bike lane would be preserved.
Fiscal impact to the City- Staff report states the project is expected to cost between $150,00 and $260,000 and is not included in the Capital Improvement Program Budget. It also states that SVUSD has informed staff that Measure B funds for school improvements have been exhausted so no funding is available.
Staff Recommendation: City Council review options and include this project in the next Capital Improvement Pgrm. Budget Cycle Discussions.
Click on http://permits.ci.laguna-hills.ca.us/sirepub/mtgviewer.aspx?meetid=88&doctype=AGENDA Scroll down to Item 7.2.3 and click on that item to see "Supporting Materials" then click on the 1st file displayed under "Files" and click on the pop up bar at the top that says http://permits.ci.lagun... to see the full text of all the options.
All the council members agreed that Option 1 was the preferred option. City Manager Channing suggested adding this project to the list of submittals on the assumption that it can be completed but said he is concerned that the deadline won't be met and the long block wall could be an aesthetic challenge. He said he still wants to argue for "Process" and consider it under Capital expenses in the next budget, etc.
** Editor's Note - This is what Assistant City Manager Don White had to say about "Process" at the March 12, 2011, Laguna Hills City Council Workshop entitled - Get to know your Laguna Hills City Council Members' Mission, Vision, Values, Policies, Practices, Procedures and Favorite Major Plans for the Biennial Budget for 2011-2012, Under VALUES, Assist. City Manager Don White spoke about "PROCESS vs. PRODUCT" and said many government agencies anger citizens because the accent is on the process which takes longer and costs more. He said IN LAGUNA HILLS THE ACCENT IS ON PRODUCT or ACHEIVING RESULTS.
Council Member Bressette said there is a council majority that would like to fast track this but if we can't get matching funding we need to go back to the traditional funding "Process" through the budget next year which may put his project off until 2014. Council Member Songstad said the wall will be a magnet for graffiti and argued for "Process" that served us well for 20 years and asked what happened why is there a rush to fix this, there's been no injuries, there's been no problems? Mayor Carruth responded that it is our sidewalk from the County, defended the idea of the wall, suggested landscape for it and added that response to widening this sidewalk has been strong from the community.
Council Member Bressette asked what can we do now and was told by Ken Rosenfield we could cut the brush on the sidewalk, and clean off the silt, but have relied on the school to do this on their property related to liability issues, and get a design for the block wall and about $25,000 would need to be allocated for this. Bressette said there are too many moving parts to move forward, need public input on the long wall, and made a motion to pass on this opportunity with the OCTA now and direct staff to bring back an option to spend $25,000 for the design fee at the mid year budget. Mayor Pro Tem Lautenschleger said there's been no accidents and a big problem is parent's opening their car doors on the street side. He said we're always going to get comments from the school that we should do this because they just don't want to pay for it all. Council Member Kogerman said she would like to use this opportunity to get the job done and save money through use of the SLPP funds. She also suggested that a reason parents are opening their car doors into traffic is because the sidewalk is so narrow, but she would defer to her more experienced colleagues on the City Council. Mayor Carruth seconded Bressette's motion.
VOTE was 5 - 0 in favor of delaying the school sidewalk issue until the next City Budget Session.
**Editor's Note - At the March 27, 2012 City Council Meeting Mayor Carruth pointed out that this project might be a collaborative effort with the school and the City engaged in identifying Grant funds. Council Member Kogerman suggested the possibility of lending money to the school district. Council Council Member Bressette said it's high time that we step forward and take care of the issue, and the children and said he wants to see funding options also from the City's General Fund and, if we need to, an option to amend the budget for this year.
MATTERS AGENDIZED and PRESENTED by CITY COUNCIL MEMBERS - None
CITY COUNCIL MEMBER COMMENTS -
Mayor Carruth expressed that the City's Earth Day was well organized and attended with great food from Villa Roma and Chick-Fil-A and the Wyland's mobile was lots of fun, etc. She said she cut back some of the hedge at Valencia Elem. School and there was a great Elem. School Art Contest that expressed being responsible stewards of the land. Those Art entries will be featured in the gallery at the Community Center. The children also met Miss Maggie the Paleontologist.
Council Member Kogerman noted that Saturday April 28 is National Prescription Medication Take Back Day related to the correct disposal of drugs. See the City web site face page for more information at www.ci.laguna-hills.ca.us For Laguna Hills the address for taking meds is OCSD South Sub-Station, 11 Journey, Aliso Viejo, CA 92656
Laguna Niguel, Mission Viejo and San Clemente residents may take their drugs to their respective City Halls. For more information call (714) 647- 4133.
Council Member Kogerman also said she submitted an item to be placed on the City Council Agenda for this meeting. She said her item was submitted a day late but was accepted by the City Clerk Peggy Johns. She explained that she had vetted her item with the City Attorney, because it involved a City Ordinance, but was later told by the City Manager that he had pulled her item saying it was his decision related to whether a council member generated item could be placed on the agenda.
Kogerman argued that the action of the City Manger challenges the legislative rights of elected City Council Members against the presumptive powers of the City Manager's and explained that from the 7 hour City Council Workshop on Saturday, March 12, 2011 the Procedure for placing items on the Council Agenda the Vote was 3 to 2 to retain the current practice of allowing any individual council member to agendize an item. The dissenting opinions were from Council Members Songstad and Lautenschleger. Songstad requested that this rule be changed so that one council member can no longer place an item on the council agenda unless 2 other members of the council agree. He said this used to be the practice of the Council and argued that during the last election items were placed on the agenda willy nilly. Lautenschleger agreed with Songstad. Songstad also suggested making a prohibition on any one council member agendizing an item on his/her own within so many months of an election. Lautenschleger agreed with Songstad and suggested a prohibition within 6 months of an election. Kogerman asked why this was an issue and if staff was getting an inordinate amount of work? Songstad answered yes, and gave the example of the Revision of the City's Purchasing Policy that revolved around the purchase of the $60,000 car by City Manager Channing. City Manager Channing protested that he took exception to the process regarding the way items were framed to him and stated political purpose is not a new approach to a problem. Songstad insisted that the City Council does not operate as individuals, it operates on a majority basis. Council Member Kogerman stated the purpose of this comment is to make clear that unless the council majority changes the procedure neither the City Manager or anyone else has authority to arbitrarily pull an item submitted by any council member. She said she will recommend censure or termination for anyone who does this in the future, unless it is just for the purpose of engaging in a discussion with the author.
Mayor Carruth argued that being late could result in having to wait until the next meeting and in this case the City Manager was attempting to be sure you didn't do anything unlawful. He was nervous, or concerned about anything that might have happened in closed session being suddenly out in the public. Kogerman answered that this is why she talked with the City Attorney about that ahead of time and worded it in such a way that it would not reveal anything discussed in closed session or get into personnel issues. She repeated that she cleared those concerns with the City Attorney. She added that the better option would have been for City Manager Channing to discuss that with her.
**Editor's Note - From our copy of the Brown Act, it is our understanding that the "Council Member Comments" section of the City Council Agenda is for Comments only and not for discussion, related to any items discussed here not being agendized, so any comment made should not be discussed further in this section.
CLOSED SESSION – NONE Editor's Note - No session scheduled this time with Labor Negotiator Daniel Cassidy, re. the City Manager's Terms and Conditions of Employment. These sessions have been ongoing for 7 mos. (since Sept 27, 2011) with No Public Progress Report?
The Next regular City Council Meeting is Tuesday, May 8, 7 pm, at City Hall. Contact Laguna Hills City Council Members at ccouncil@ci.laguna-hills.ca.us
================================
CITY COUNCIL and CITY MANAGER REPORT CARD - Categories - (T) Transparency for Citizens, (A) Accountability to Citizens, (CI) Championing Citizen Related Issue, (AG) Achieving Citizen Related Goal Grades - (P) Pass, (A) for Authoring a Citizen Friendly Item, (F) Fail, (A+) Extra Credit. City Manager will be scored related to online and agendized Staff Reports and Requests.
Bressette - F for Vote to delay widening of the Valencia Sidewalk that is City Property and that the majority of the council identified as a safety hazard. Council also chose "Process" over Product which Assist. City Manager has said takes longer and costs more. F for Vote on Moulton La Paz Commercial Center that cut residents off when the developer's representative said he was willing to work with them. Council chose "Process" again but didn't complete the Process for residents.
Carruth - F for vote to delay widening of the Valencia Sidewalk that is City Property and that the majority of the council identified as a safety hazard. Council also chose "Process" over Product which Assist. City Manager has said takes longer and costs more. F for Vote on Moulton La Paz Commercial Center that cut residents off when the developer's representative said he was willing to work with them. Council chose "Process" again but didn't complete the Process for residents.
Kogerman - F for vote to delay widening of the Valencia Sidewalk that is City Property and that the majority of the council identified as a safety hazard. Council also chose "Process" over Product which Assist. City Manager has said takes longer and costs more. F for Vote on Moulton La Paz Commercial Center that cut residents off when the developer's representative said he was willing to work with them. Council chose "Process" again but didn't complete the Process for residents.
Lautenschleger - F for vote to delay widening of the Valencia Sidewalk that is City Property and that the majority of the council identified as a safety hazard. Council also chose "Process" over Product which Assist. City Manager has said takes longer and costs more. ** Lautenschleger was not allowed to vote on the Moulton La Paz Commercial Development because he lives within 500 feet of the center.
Songstad - F for vote to delay widening of the Valencia Sidewalk that is City Property and that the majority of the council identified as a safety hazard. Council also chose "Process" over Product which Assist. City Manager has said takes longer and costs more. F for Vote on Moulton La Paz Commercial Center that cut residents off when the developer's representative said he was willing to work with them. Council chose "Process" again but didn't complete the Process for residents.
City Manager - F for arguing for Process over Product related to delaying the widening of the Valencia Sidewalk that is City Property and that the majority of the council identified as a safety hazard, which Assist. City Manager has said takes longer and costs more. F for pulling Council Member Kogerman's agenda item that she said she had reviewed with the City Attorney.
INFORMATION, COMMENTS QUESTIONS and CONCERNS from Watch Dog Readers:
About the City Council, Pass through fees from Cox, AT&T and CR&R and the Survey
Anonymous said...
I didn't get called for the survey but please put me down as saying I don't at all appreciate the City collecting all these hidden fees from Cox, AT&T and CR&R. From what I read the cable companies repair the streets when they have to dig them up and if all these extra hidden fees from us are going to the City why don't we get a chance to say what we want done with them. I think we should get to vote on all this stuff.
Anonymous said...
I have been attending these City Council Meetings on and off now for about a year and it appears to me that the long time council members show up most of the time but their attitude, especially in the past few months, seems to be to rush through the meetings and basically contribute tired old phone in responses rather than take time to look for better solutions to helping the community. Also I never heard them admit they ever did anything that was less than perfect. I didn't get a chance to take the survey, I wish I had been called.
Anonymous said...
I was very surprised that this came from Barbara Kogerman. Whether I agree with the fee or not, it seems unfair to single out Cox Cable customers to fund the school's film and television program. Besides, I just called Cox to cut some services to get our monthly cost down. With cable TV, Internet and digital phone, it is our largest monthly payment now, including all other utilities combined. We have watched the cable costs grow over the years, since Cox Cable was Dimension Cable Services. Unlike utilities, there is no low income discount programs.
Anonymous said...
I did take that survey and was happy to get a chance to say how I felt about each council member and the city manager, rather than just saying if the city was a good place to live or not. The person who called me did say the survey was about the city and did not mention the city manager by name. The questions were very different from the City Survey so I realized right away it wasn't from the city. Frankly I didn't care who it was from as long as I got the chance to say what I thought. They also asked about the Watch Dog, if I read it and how I felt about it. I thought the questions were very specific but they were a lot of yes or no answers and I didn't find the questions to be complicated.
Anonymous said...
So, every time there is an increase in fees for Cox, the City also gets more money from us. Perhaps we should all switch to wireless communication. The City doesn't make us aware of this but takes our money and says they use it for roads but just stick it in the general funds. I think they are just sticking it to us, again.
Anonymous said...
Somebody needs to tell the Mayor to let the City Attorney speak 1st when there is an issue the City Council really doesn't know much about. I was at the last council meeting and I think we sat there for an hour listening to the Mayor ask AT&T over and over for a fake tree antenna only to learn at the end of the session, when she finally let the City Attorney speak, that the council could not ask for that at a planning session scheduled for a minor modification. If she had asked for that information 1st the high school kids and parents in the chamber would not have had to wait until 10:00 at night to speak. Then after wasting all that time with AT&T the council never requested a study of what they can do and how they can do it for future cell antennas and towers. They just completely wasted more than an hour of our time saying how much they wanted to help and in reality did nothing. The Mayor wouldn't let the CIty Attorney speak again to say that the PEG fee was not a tax. When there are residents waiting the political pandering should wait too, hopefully until there is no one left to listen and the facts should be laid out at the beginning of each discussion not at the end. This played like a bad reality TV show. Also, I got called for that survey but didn't take it because I was busy, but now I wish I had. This behavior at City Council meetings that wastes the time of residents has to stop. Hope there was a question on the survey for that!
Anonymous said...
Hey Watch Dog, thanks for telling us about the pass through 5% fees we all pay to Cox. So, where is all the transparency at City Hall. I just got rid of some of my Cox services to save money.
WIN WIN Wednesdays!! is an ongoing series of restaurant fundraisers, a project of the Laguna Hills High School PTSA. Students, their families and members of the general community dine out for a great meals, and in return the restaurants donate a percentage of their proceeds to the LHHS PTSA. It's good for us AND it's good for local restaurants, hence the concept of WIN-WIN.
Year long fundraising projects like Win-Win Wednesdays allow the PTSA to fund many worthwhile programs such as "Every 15 Minutes" (a vividly realistic drunk driving prevention presentation), the Award Winning "I Can Make a Difference" program and the Safe and Sober all night "Grad Night" party that Keeps our kids not only safe but in Laguna Hills and on campus continuing a 23 year tradition that makes us HAWK Proud! ** For Weekly Flyers and a Schedule go to our web site at www.WinWinWednesdays.com
** Bring the WWW!! flyer to these participating restaurants on these dates and a portion of the proceeds will be donated to the LHHS PTSA or now you can sign up for an e-blast at WinWinWednesdays@gmail.com to have the weekly schedule and flyers for Win-Win-Wednesdays e-mailed to you. The need to present a flyer has been recently addressed and you can now get durable and attractive business card size Win-Win-Wednesday Fan and Supporter Cards that contain all the info. for W-W-Wed on one side including how to subscribe to W-W-Wednesday to get your flyers, dates and Restaurant Information sent to you weekly on Wednesdays and the other side of the card will serve as a universal flyer, if you forget to bring a flyer.
May 2 - Quiznos - LH
May 9 - Mother's Kitchen - LH
May 16 - Pepinos
May 23 - Jersey Mikes on El Toro
May 30 - Flamingos
** Be sure to "LIKE" us on Facebook to help spread the word and Don't forget to see our "WWW Everyday" Partners like Its a Grind Coffee House, Alpha Cleaners and Golden Baked Hams on our web site. Bring the flyers for these everyday partners and Support the businesses that support us!
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/
**Go to the Team Dark Horse web site at http://teamdarkhorse.org/ to see how your donations are helping.
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
Team Dark Horse thanks all the wonderful people who contributed items to and bought item from the Swap Meet at LHHS this year, all the volunteers who set up and ran the Swap Meet Booths and Pat Lawson the Volunteer Coordinator for the event!
NEWS STORIES AND BLOGS ABOUT LAGUNA HILLS: Click on the links below to see the stories.
Cities among worst for alcohol fueled crashes - Fullerton and Laguna Hills had the worst rates of crashes that involved underage drinkers
Read more at: http://www.ocregister.com/articles/cities-348774-crashes-among.html
New Reports with 2011 Statistics for the 70 year old Orange County Animal Shelter that Laguna Hills still uses for it's citizens
Fewer Animals Killed at OC animal shelter in 2011http://www.ocregister.com/articles/fewer-338291-killed-shelter.html?pic=1
Total euthanasia rate of 53%. Fewer were killed in 2011 because fewer were impounded at the County Animal Shelter in 2011. January 31, 2012 Teri Sfzora
Three out of four cats still don't leave shelter alive http://taxdollars.ocregister.com/2012/02/16/three-out-of-four-cats-still-dont-leave-shelter-alive/148403/ Teri Sforza OC Watchdog
Kill Rate for Cats at the OC Animal Shelter in 2011 was 74% and only 17% adopted, down from 19% in 2010
Euthanasia Rate Stuck at Nearly 50% at O.C. Animal Care http://ranchosantamargarita.patch.com/articles/shelter-euthanizes-fewer-animals-in-2011 County Shelter finally admits killing animal for space in this story.
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 battle http://www.ocregister.com/news/city-303262-kogerman-channing.html
Councilwoman: Public pay report inaccurate, self serving http://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 writer http://taxdollars.ocregister.com/2011/03/21/after-attacks-city-manager-compensation-sleuths-win-state-award/78545/#comment-139633 Click on http://www.publicceo.com/ for more of this story.
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
February 14, 2012 - Mayor Pro-Tem Lautenschleger said, about concerns from grandparents regarding exhaust fumes from Alicia Pkwy. blowing onto the sports field at the Community Center - "The prevailing wind is always off the ocean blowing East so it's blowing from the soccer fields onto Alicia and across that way."
Another fact checking problem. The Santa Ana Winds which are most common from October through March blow from the East to the West - from Alicia Pkwy. and Paseo de Valencia right on to that sports field.
November 27, 2011 - Regarding the ordinance establishing parks as “Child Safety Zones, Council Member Joel Lautenschleger stated, “Let's make one thing perfectly clear, there have been no sex crimes against children in the City since we incorporated."
Should have done some fact checking before speaking so boldly, Mr. Lautenschleger.
According to information from the OC Sheriff's Dept. there have been 32 child molests in Laguna Hills in the past 11 years. Everyone is entitled to their own opinion but not their own facts.
January 10, 2012 - Council Member Songstad said, "I find it interesting that we are in a discussion where we are being asked to provide less information rather than more information, I thought transparency was all about providing more information."
To clarify for Council Member Songstad "Transparency" is not simply an amount of information - Merriam-Webster Dictionary (Transparency) - free from pretense or deceit, easily detected or seen through, obvious, readily understood, characterized by visibility or accessibility of information. Wikipedia (Transparency Behavior) - Transparency is operating in such a way that it is easy for others to see what actions are performed. All organizations have a transparency culture, but few have a culture of transparency, i.e., a culture of being aware of transparency and incorporating it routinely into how things are done.
October 11, 2011 - Regarding Intent to Vacate Public Service Easements (Tree Pockets) along Paseo de Valencia and between Alicia and La Paz. Mayor Songstad concluded with, "Alright its been moved and seconded. Everybody understand what the action is here? We're setting a public hearing, blah, blah, blah. All in favor"
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 20 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 2012 with 19 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 NEIGHBORHOODFor 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 of residence and phone number (phone numbers will not be published). Letters of about 200 words will be given preference. Letters will be edited for length, grammar and clarity
Saturday, April 28, 2012
Sunday, April 22, 2012
Laguna Hills Watch Dog
HEADLINES/ ITEMS OF POSSIBLE INTEREST for the Tuesday April 24, Laguna Hills City Council Meeting
**Consider Attending a Council Meeting to express your opinion on items of interest to you or just to observe.
** Special Announcements - None
1. Weed Abatement Program from the City - Approximately 530 notices will be sent to residents on April 26. It is the beginning of fire season, so be sure to clear your property of weeds and/or any refuse.
2. Authorization for bids for city pavement rehabilitation. Is your street on this years list? See maps with names of streets scheduled for rehab. this year on the City web site in the staff report for this issue.
3. Adding Reasonable Accommodation for Persons with Disabilities to the Laguna Hills Municipal Code.
4. Public Hearing for Remodel and Expansion of the Moulton-La Paz Shopping Center
5. The City staff report requested by the City Council on March 27, 2012 for Sidewalk Widening on the Southeast section of La Paz from Champlain to Paseo de Valencia where the sidewalk is too narrow and there is a slope failure, from no retaining wall, encroaching onto that sidewalk has come back. It gives the City Council 3 choices related to correction of this safety issue.
6. No Closed Session Conference with Labor Negotiator Daniel Cassidy, re. the City Manager's Terms and Conditions of Employment is scheduled this time but no report on the progress of these sessions that have been ongoing for the past 7 months, since Sept. 27 of 2011 are scheduled either?
HEADLINES/ ITEMS OF POSSIBLE INTEREST for the Tuesday April 24, Laguna Hills City Council Meeting
**Consider Attending a Council Meeting to express your opinion on items of interest to you or just to observe.
** Special Announcements - None
1. Weed Abatement Program from the City - Approximately 530 notices will be sent to residents on April 26. It is the beginning of fire season, so be sure to clear your property of weeds and/or any refuse.
2. Authorization for bids for city pavement rehabilitation. Is your street on this years list? See maps with names of streets scheduled for rehab. this year on the City web site in the staff report for this issue.
3. Adding Reasonable Accommodation for Persons with Disabilities to the Laguna Hills Municipal Code.
4. Public Hearing for Remodel and Expansion of the Moulton-La Paz Shopping Center
5. The City staff report requested by the City Council on March 27, 2012 for Sidewalk Widening on the Southeast section of La Paz from Champlain to Paseo de Valencia where the sidewalk is too narrow and there is a slope failure, from no retaining wall, encroaching onto that sidewalk has come back. It gives the City Council 3 choices related to correction of this safety issue.
6. No Closed Session Conference with Labor Negotiator Daniel Cassidy, re. the City Manager's Terms and Conditions of Employment is scheduled this time but no report on the progress of these sessions that have been ongoing for the past 7 months, since Sept. 27 of 2011 are scheduled either?
Saturday, April 14, 2012
Laguna Hills Watch Dog
Laguna Hills City Council Meeting - April 10, 2012
Features Directory
** Special Announcements - *** There will be a SPECIAL PUBLIC INFORMATION MEETING regarding the WIDENING of PASEO de VALENCIA from Kennington Dr. to Laguna Hills Dr. on the LAGUNA HILLS SIDE of the road in the City Council Chambers at City Hall On Monday April 16, from 5 pm to 7 pm. Although notices of this meeting were sent only to residents who live within 500 feet of this planned project, this meeting is open to all interested residents. This is the 1st phase of the planned future widening of Paseo de Valencia.
** You can now see and hear City Council Meetings on the City's Web Site, CONTACT LAGUNA HILLS CITY COUNCIL MEMBERS at - ccouncil@ci.laguna-hills.ca.us
** From The Laguna Hills Adopted 3/5 Marines support group - The 4th annual LHHS SWAP MEET is Saturday, April 21 at Laguna Hills High School This is a Community Swap Meet for the school. It raises funds for all the school clubs, sports, music and other activities and funds for Team Dark Horse to use to Support our City's Adopted 3/5 Marines at Camp Pendleton. **You can help the Marines and/or the High School by bringing all your donated items to the High School before 6:45 am on Sat. April 21 for the high school groups and the Laguna Hills Adopted 3/5 Marines and please attend the Swap Meet to find all the great bargains. All funds raised go directly to the High School Groups and to the Marines. For more information you can contact Micki Zettel at gezette@msn.com or Dick Nagle at rnagle74@cox.net
**Go to the Team Dark Horse web site at http://teamdarkhorse.org/ to see how your donations are helping.
** Citizen Alerts for future City Council Meetings will be listed on the blog site within 4 days prior to a meeting - Consider attending a meeting that interests you.
** Presentations and Proclamations - 10 year Anniversary Award for Peggy Johns, Laguna Hills City Clerk
** Public Comments - Complaint about a recent phone survey, and request Not to ban remote control vehicles from the Parks.
** LHHS Student Liaison Report Jeena Bonutto, alternate Adam Wong - Open House on April 19, Summer School Program dealing with law and Criminal Justice. The Mr. HAWK Pageant on April 28, 4th annual Swap Meet on April 21. LHHS Grad Night Preview June 13
Request from Council Member Kogerman that PREPARATION OF RESOLUTION TO SUPPORT PUBLIC, EDUCATONAL AND GOVERNMENT PROGRAMMING (PEG) for LHHS TV and Film Pgrm. be bumped up on the agenda related to high school kids and others in the council chambers who are here for this was Denied
**Consent Calendar - Warrant Register - $165,301.75
** Items of Interest from the Warrant Register - None
** Items Pulled from the Warrant Register- None
** Items of interest in the Consent Calendar - Item 4.3 - Price for the City's 4th of July celebration at the Community center this year is expected to increase from $42,697 in 2011 to $53,750 in 2012. Item 4.4 - SPECIAL PUBLIC INFORMATION MEETING regarding the WIDENING of PASEO de VALENCIA from Kennington Dr. to Laguna Hills Dr.
** Items pulled from the Consent Calendar for discussion - Paseo De Valencia Road Widening pulled by Council Member Kogerman related to timing of construction of this project.
** Planning Agency/City Council Public Hearings and Public Comments - Continued Request by AT&T Mobility to add 2 additional microwave dish antennas to the existing Communications Facility located at 25655 Nellie Gail Rd Challenged by Residents. Business Owners speak about Moulton-La Paz Shopping Center Re-development.
** City Council Public Hearings - Administrative Reports - None
** Matters Agendized and Presented by Council Members - Request for the council to direct staff to prepare a resolution enacting a fee for Public Educational and Government (PEG) Channel to support equipment at Laguna Hills High School to enhance its film and television program - resulted in controversy with the other council members and raised the question are citizens already paying taxes to the City that they are not aware of?.
** City Council Member Comments - Mayor Pro-Tem Lautenschleger spoke
** Closed Session - The Closed Session Conferences with Labor Negotiator re. City Manager's Terms and Conditions of Employment continues. These sessions have been ongoing for 7 months with No Public Reports.
** City Council Members Report Card - How did they score?
* Information, Comments, Questions, Concerns from LH Watch Dog Readers from the previous blog post including Win-Win-Wednesday + Comments on: Widening of Paseo de Valencia, Overhauling the System of City Finance Audits, Sidewalk Safety Issues at Valencia Elem. School, Traffic Commission not holding a scheduled meeting, Chronic traffic backups on La Paz near the I-5 interchange, Council Member Kogerman named Gadfly of the year, Laguna Hills - one of only 2 cities in Orange County that doesn't share well?
* How to support our 3/5 Adopted Marines and Updates - Request for Swap Meet Donations
* News Stories and Blogs about Laguna Hills - in the OC Register online under "City-by-City News" - "Laguna Hills". New story this week - Fullerton and Laguna Hills had the worst rates of crashes that involved underage drinkers
* City Council Members Say the Darndest Things in Public
* Crime in your Neighborhood
* Writing a letter to the Editor of the OC Register Newspaper
Laguna Hills City Council Meeting - April 10, 2012
All council members were present
============================== 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
PRESENTATIONS and PROCLAMATIONS - 10 year Anniversary Award for Peggy Johns, Laguna Hills City Clerk. Peggy was hired as Assistant City Clerk and in 2002 she was appointed to the position of City Clerk in 2006. The Mayor presented Peggy with a Certificate of Recognition and a gift. We learned last night that she also prepares the LHHS Student Liaisons for their role at City Council meetings. Peggy Johns is also a much appreciated member of Team Dark Horse, the City's Support Committee for it's Adopted 3/5 Marines. Peggy thanked her co-workers and said she loves her job, feels blessed and looks forward to more years of service. Congratulations to our City Clerk, Peggy Johns!
PUBLIC COMMENTS -
Loree Blough - Laguna Hills Resident stated last Thursday she received a phone call saying the City of Laguna Hills was conducting a survey. They asked for her husband but allowed her to take the survey after asking if she was a registered voter. She said she had concerns and hoped no taxpayer money was used for this survey. She said the questions were long and complicated, mixing issues together and not enough info. was provided to make intelligent decisions, questions were asked re. people's compensation, benefits and dismissals, without providing background information, questions were written to drive skewed results. She also objected to the surveyor calling back another time at almost 9:30 pm and asking for her after she had already taken the survey. She said she asked who was sponsoring the survey and was told that information couldn't be shared. She then stated that in her opinion the information collected should not be used to make any real life decisions. She later added that they mentioned specific names and organizations, such as the fire dept. the Sheriff's Dept, Watch Dog, etc.
Editor's Note - We at the LH Watch Dog heard about this survey but did not get a chance to take it. We did hear from 3 residents who took it and reported they were told it was a survey about the City of Laguna Hills. They said it was polling the opinions of citizens about various aspects of City Government and related issues. These residents said they appreciated the opportunity of being able to give their opinion about each council member and the city manager and issues that concern the City. They all noted that they don't get a chance to discuss these kinds of specifics in the surveys from the City. As the City Manager said, this type of survey is commonly done in election years, but it would be a problem if a person conducting a survey mistakenly says it is from, rather than about, the City. We know that some of the people asking survey questions sometimes make mistakes even though they usually have a script and/or may not well suited to the job they are doing. If you were called for this survey let us know what you thought about it.
City Manager Channing confirmed that this was not a survey from the City, and added all of us get calls like this all the time, especially when we get closer to elections.
Jeff McPherson - Laguna Hills Resident, stated his wife took the survey this weekend and said there were very city involved questions. He said he came to speak about proposed changes in ordinances from Parks and Recreation re. the parks. He said there are some postings on the Parks and Rec. site that they are banning golf, model rockets and any type of remote control device. He asked that the council not to ban remote control vehicles, that he has been interested in driving for 30 years, from the parks. He said he does this with his sons. They build electric cars and drive them around the parks but are careful about the turf, and these vehicles are not noisy or polluting. He said he has not heard of complaints about these vehicles. He added that Sheep's Hill Park is a zoo lately related to traffic congestion, kids darting out in the street and trash left behind. He said AFTA rents the park out to everyone and this is a safety issue.
David Reynolds, Community Services Director stated he received complaints from residents about golfing in the parks and model airplanes, radio controlled devices in parks. He said he brought this to the Parks and Rec. Commission at their last meeting on April 4th with a copy of the municipal code from other cities as a sample of what other cities are doing. This issue will be brought back to the City Council in about 2 months or so. The majority of the complaints were about golf. Staff thinks that under some of these regulations there can be an exclusion to the prohibition if there is a facility permit that is approved by the Parks and Rec. Director.
LHHS STUDENT LIAISON REPORT by Jeena Bonutto, alternate Adam Wong -
Students are on Spring Break now. We are coming back to our Open House on April 19. There will Boots for the Boosters and clubs and promotion of the various groups. The PTSA will be offering food, so come to get a bite to eat. The classrooms visitation stats at 7 pm and ends at 8:30 pm. An exciting thing is that at 5:30 there will be a session for incoming Freshman and new students. It's a great opportunity for students to come and meet the coaches and representatives from the Drama Program. This Summer, LHHS will be having Summer School Program that's dealing with law and Criminal Justice. It's hosted by our OC District Attorney's Office. The applications will be due on April 19 and the program runs from August 6 to 10. Some exciting events at LHHS will be our Mr. HAWK Pageant which kinda mimics the Miss USA Pageant. It's fun to watch the senior boys get really silly. This will be on April 28 at 7 pm in the theater. On April 21 will be our 4th annual Swap Meet. Please bring your gently used unwanted items for the Swap Meet to LHHS by 6:45 am on Aprill 21 and the Swap Meet runs until 2 pm. The LHHS Grad Night Preview Date is Wednesday June 13, from 5 to 7:30 pm. The entire community is invited and it is really worth seeing!!! You won't believe it until you see it!
Mayor Carruth added that April 21 will also be Earth Day for the City at the Community Center with opportunities for LHHS students to get community service hours for cleaning the City's trails, etc.
** Council Member Kogerman requested that item 8.1 DISCUSSION OF THE PREPARATION OF A RESOLUTION TO ESTABLISH A FEE OF 1 PERCENT OF COX COMMUNICATIONS GROSS REVENUES FROM FRANCHISE FEES TO SUPPORT PUBLIC, EDUCATONAL AND GOVERNMENT PROGRAMMING (PEG) TO BE PRODUCED BY LAGUNA HILLS HIGH SCHOOL be bumped up on the agenda related to all the high school kids and others in the council chambers who are here for this. Mayor Carruth stated she would Not favor this and polled the rest of the council who also said NO so this item was addressed as the last item on the meeting agenda and the meeting ended at 11 pm.
MINUTES - City Council Approves 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 always a significant delay for the public related to timely documentation of information from the city.
CONSENT CALENDAR - Warrant Register = $165,301.75 Items of interest from the Warrant Register - None
Items pulled from the Warrant Register - None
Items of interest from the Consent Calendar -
4.3 - 2012 4th of July Fireworks Show Agreement.- City Staff report says - This event will be held this year at the Community Center from 4 pm to 9:30 pm. Staff has recommended a new Fireworks Vendor - Pyro Engineering Inc. The proposed show will consist of a total of 1,100 shells and be 16 to 18 minutes in length at a cost to the City of $24,000. The proposed budget for the entire event this year is $53,750. Last year's total cost was $42,697. Staff recommendation is to execute the agreement with Pyro Engineering.
4.4 - Public Information Meeting for the Paseo de Valencia Widening Project, CIP No. 1145A Staff Report says - the 1st phase of the future planned widening of Paseo de Valencia is from Kennington Dr. to Laguna Hills Dr. and staff sent notices to residents in Laguna Hills and Laguna Woods who live within 500 feet of the project although the planned widening is only for the Laguna Hills side of this road. There will be a SPECIAL PUBLIC INFORMATION MEETING the City Council Chambers at City Hall On Monday April 16, from 5 pm to 7 pm that is open to all interested residents. The City is seeking comments from the Public as part of this work effort. Staff says this is to implement "complete streets" and correct a lane imbalance and reports that this project is consistent with the City's General Plan Circulation Element. The invitation to the meeting states for more information contact Ken Rosenfield, P.E. Director of Public Services at 949-707-2655. VOTE - Consent Calendar Passed - Item 4.3 was passed 5 - 0
Items Pulled from the Consent Calendar for Discussion - Item 4.4 was pulled by Council Member Kogerman re. the 1st phase widening of Paseo de Valencia from Kennington Dr. to Laguna Hills Dr. Kogerman asked about the timing of this project. Ken Rosenfield. Director of Public Services responded this project is still in the design and environmental clearance process. Once this process is complete and funding becomes available construction could then be scheduled. He added that the Design and Environmental Clearance will probably not be completed until January 2013, there is the public education meeting to introduce the public to the project and there will be additional informational public meetings over the next 7 to 8 months. Once the design is complete the City Council will be asked if they want staff to pursue funding through Measure M 2. He said, in general if funding were available though Measure M2 the project could go to construction in 2014-2015 at the earliest and it is subject to the City Council weighing that project against other Capital Improvement Budget Priorities.
Vote - Item 4.4 Passed 5 - 0
** Editor's Note - Related to projects like this one please see:
Group Seeks a more open Santa Ana City Hall http://www.ocregister.com/news/city-348177-council-group.html A group of Santa Ana City Residents has developed a "sunshine ordinance" and is pushing for neighborhood meetings on proposed developments and the seating of an oversight panel to help ensure the city is functioning openly.
CITY COUNCIL/PLANNING AGENCY
CITY COUNCIL/PLANNING AGENCY PUBLIC HEARINGS and Public Comments -
Item 5.4.1 - A request by AT&T Mobility to add 2 additional microwave dish antennas to the existing Communications Facility located at 25655 Nellie Gail Rd. was first presented on January 10, 2012, then continued to March 13, 2012 and continued again to April 10, 2012 for the collection of citizen requested information. Laguna Hills Citizens spoke at the Jan.10 meeting and noted that the city council does have to power to request proof that the cumulative effects of the microwave dish antennas at this site do not exceed FCC Regulations so requested that the City Council do their "Due Diligence" in this matter and report the results to the community. The Staff Report stated a pre- installation electromagnetic energy report, alternatives analysis and more specific information on the technology alternatives were requested.
At the Jan.10 City Council Meeting - Community Development Director David Chantarangsu said the 2 new microwave dish antennas would be added to an existing monopole that currently has 12 panel antennas, 2 Microwave antennas and other related equipment. The site also contains 3 water tanks for the Moulton Niguel Water District. Mr. Chantarangsu said the height of the antenna will not actually increase but with the addition of the new dishes the overall height will be increased from 53 feet to 57.5/58 feet. Mr. Chantarangsu added that a couple of calls had been received from nearby residents expressing safety concerns but the 1996 Federal Telecommunications Act prohibits cities from denying cell sites based on safety concerns.
Alex Tsaturov - AT&T Representative, in answer to questions from citizens and council members, explained that the antennas require a clear line of sight from point to point and there is no reason to believe people will be affected by this. The need for additional microwave dishes was to increase the speed and capacity of data related to dropped calls, and the need for faster downloads and uploads. He said there were two considerations for replacing a pole which were: 1. A pole can no longer support additional antennas and 2. Budget, he added that the height of surrounding trees used to screen these areas can interfere with transmission. This site was reported to be chosen because it is the highest site in the area at 120 feet.
The newest staff report with the results of the Site Testing of Electromagnetic Energy states that a person within the water reservoir compound would be exposed to less that 20% of the maximum permissible exposure allowed by the FCC. The study indicates that the proposed microwave dishes would result in a person receiving only 5% of the maximum permissible exposure at ground level within the water reservoir compound. Condition 11 requires that the applicant conduct a post-installation teat to verify that the site is operating within acceptable conditions re. energy emissions. The report states Nellie Gail Ranch HOA has been consulted and has no official opinion but has received complaints re. health concerns from residents living adjacent to the site.
Regarding the question of why the upgrade is needed, the report states AT& has chosen to keep information related to capacity confidential. Regarding the availability of alternate sites the report states the applicant has said other sites were not high enough and the Nellie Gail Site is noted to be 628' (MSL) - Report states the new height will be 58 feet. The City's development code Section 9-58.040 states E. , All nonexempt antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.
Staff recommendation is that the Planning Agency/City Council conduct a public hearing and approve the plan. Staff Report States Public Hearing notices were sent to property owners within a 300 ft radius of the subject property. David Chantarangsu, Community Development Director stated the Federal Government is pushing for wireless facilities to be approved with minimal interference. On Feb. 22, 2012 HR 3630 "Middle Class Tax Relief and Job Creation Act of 2012,” was signed applying to the co-location of new transmission equipment and this project falls into that Category pushing for less control over non-substantial changes.
Mayor Carruth pushed the applicant's representative repeatedly for a new pole in the form of a fake tree but the applicant (AT&T) repeatedly declined. City Attorney, Greg Simonian was allowed to weigh in at the end of this discussion and explained it was his legal opinion that if the applicant was applying tonight for a new cell tower and the council/planning agency didn't like the aesthetics of the tower and questioned alternatives, they could deny it based on aesthetics and ask for a tower in the shape of a tree but tonight's request is a relatively simple co-location of 2 new antenna dishes on an existing pole/tower, this is consistent with the City's municipal code and consistent with development standards that are in place now and in his opinion this is a minor modification to an existing tower so a denial would be treading on shaky ground. He said it is an option to discuss with this applicant his withdrawl of this request to go back to AT&T to ask them to submit a new application for a new tower and to start over with an entirely new planning process. He added that the next time an application comes with a request adding more antennas this can start with a discussion of a new pole and that he believes this message has been sent to AT&T via tonight's discussion, meanwhile the council may want to re-examine municipal code for height restrictions and any other restrictions that might be available.
Public Comments:
Michael Goodin, Laguna Hills Resident stated that there were flaws in this study. It says nothing about what's going to happen with the additional antennas. The site was measured as it is which is 20% of the FCC limit. This is way up from the last report, 2 years ago, of 3.5% of the FCC limit. He also said staff made a faulty conclusion that another 5% would be added with the 2 new antenna but that is not what the report is saying. What the report is saying is that AT&T has more than 5% of all the antennas at this site. There are more than just the 12 on this pole, there are a total of 59 antennas at this site. He noted that this site is burdened with so many antennas because it is so high. He concluded it is doubtful, from this report that AT&T really investigated other sites to see if they would work. Looking at the summary of the report 1.3 of the Telnet report says, "AT&T's RF exposure policy doesn't complie (this word is spelled "complie" in this document) with FCC and OSHA requirements."
In the last report radio frequency levels were measured at height differences, at ground level and above the level and it was noted that radiation levels were higher at upper levels. In this report there was no measure of upper levels. He agreed that if we are stuck with these things why not have them disguised as a tree. He added that they are just guesstimating the energy in the actual antennas in their report by using generic models and concluded he believes the technology to do better exists, but they don't want to spend the money. Bottom line is that in this report they have not said how much is added which is the whole point of the study. He added that it appears we are being burdened here by the City's "co-location" rule which is something that should be studied for the future, because in theory we started with one antenna here and are now up to about 62 because the idea is to always put more where we already have one.
Council Member Songstad argued he believes AT&T did make an effort to model the site as it would be under the proposal and the bottom line is even under the modeling assumptions and they were assuming the worst case analysis, it's far below the FCC guidelines, so I don't think it's a safety issue and from an aesthetic point of view, the dominant feature is the water tanks. Michael Goodin responded they haven't used computer modeling studies.
Bobbie Mann. Laguna Hills Resident stated she lives below the water towers. She moved here in 1983 there was nothing on top of the water towers and now there are about 60 antennas. She added she doesn't think the residents should be burdened this way for living on an hill. She asked how will the microwaves be monitored, and how often and asked will we be told accurately what the levels are? She added that the San Onofre problem makes us all more aware of the environment and the problems with radiation.
Terrance Ing, Laguna Hills Resident and Telecom Analyst, stated property values are down already about 53% from their peak in 2006 and he believes, from studying these cell towers and their effects on property values, that these towers can cause an additional 10% to 25% drop. He added that aesthetics are very important and this is becoming a bigger and bigger problem related to growth of the telecommunications industry so are there any set limits? What about a maximum height limit and maximum number of antennas? He said here they are just transferring information from one location to another but doesn't see how this will help the coverage related to capacity and dropped calls in our area. He said there is about $450 million being spent in the LA and Orange County areas but how much of this is being spent on 4th generation technology and why can't some of this be spent on a tower disguised as a tree to help this community? He said AT&T as of Dec. 20011 is in last place related to customer service in the consumer survey reports. He concluded we don't want to be known at the ugly Tower Community.
Mayor Carruth interjected that the height restriction in Laguna Hills is 36 feet but the monopole being discussed was placed by the County before we became a City.
Alex Tsaturov - Representative from AT&T stated the pre-study has been presented and a post study will be done after the installation to be show that all conditions are met. He noted the EME report stated there will be a 5% increase from the addition of the 2 new antennas for a total of 20% of the max. permissible exposure per FCC, so this is absolutely safe. He added that he has not seen anything correlating property values with cell towers. He said the measurements of radio activity are taken at about 300 or 500 feet from the cell tower but only at ground level. Related to the investing of funds there are 3 primary technologies AT&T's network operates on - the GSM, GNTS - the 3G technology and LT which is 4G Technology. There is a high demand for 4G wireless technology now so a large strain on the network. Related to if the 2 new antennas will improve our service rather than just transmit information, he said there is another vendor working on behalf of AT&T with the goal of coverage, to improve coverage in the area and their application was approved several months ago so they are in the process of installing new antennas to improve coverage, then we are coming in to improve capacity by allowing for greater band width analogous to adding an additional 2 lanes to a freeway to improve traffic flow.
Council Member Songstad asked is your band width already restricted and how will this help? Alex replied AT&T does have a license for certain frequencies but his will increase capacity between the 2 communication points because if you are on a phone call and you go into another destination that doesn't have fiber or increased data bank, we have to look at the network as a whole so sharing data and fiber with other cell sites will increase capacity. Alex continued to avoid the issue of replacing the pole tower disguised as a tree by reporting AT&T has to answer to share holders and is it a necessity to replace the pole, what is the added benefit and defending the look of the area as it is now. He said installing a new pole is not something AT&T would want to consider now. He said for the post antenna installation test AT&T will have an independent engineer do the study which will be available for the public.
Council Member Bressette suggested that in the future residents complain to Moulton Niguel Water District regarding the problems they have with this site and moved the staff recommendation for a vote
Council Member Kogerman asked to agendize the study that City Attorney Simonian suggested for the future, related to what can we do and what can we limit. etc.
Mayor Pro-Tem Lautenschleger stated, "This is not a new pole, it's just an addition of an additional 2 dishes to a present pole and although I am concerned on the safety and I am concerned on the aesthetics I have more calls and more information from people that are complaining about service."
**Editor's Note - At the 4/27/10 LHCC Meeting there was a request from Sprint/Nextel to add 3 antennas to the existing wireless communication facility at this same location - the Moulton-Niguel water District Tanks area in Nellie Gail. There were objections from the public so there was a motion from Council member Carruth to continue this item for more information. The following were comments from Council Member Lautenschleger and Songstad at that time - Council Member Joel Lautenschleger stated he was not in favor of continuing, this was the best site for the equipment and he stated "We have never done this before, continued an item there's micro waves, antennas and towers in areas around the city that are much closer or as close as these are". Council Member Allan Songstad agreed with Lautenschleger and gave a comparison of this being like a microwave oven that we all have in our houses that are higher wattage.
Vote was 5-0 to pass this in favor of the applicant AT&T. No Action was taken on Council Member Kogerman's suggestion of agendizing a study of what limits on wireless communication antennas are currently available to cities.
JOINT CITY COUNCIL/PLANNING AGENCY MEETING
PUBLIC HEARINGS - 6.3.1 - Request for a Conditional Use Permit (CIP) to Remodel and expand the Moulton La Paz Shopping Center to include the addition of approx. 30.000 sq. ft of new commercial space, updated facades, new parking lot layout and landscaping and consideration of the disposal of public property included in the development proposal.
PUBLIC COMMENTS - Michael Anderson and Peggy Anderson spoke. They said they own the Wellness Spa that works with Prenatal and Oncology patients in this shopping area and have been there for 14 years. They stated that it is presently a ghost town and stressed the need for the Council's support for this long needed remodel.
Staff Request that this item be continued to the April 24, 2012 City Council/Planning Agency Meeting related to the disposal of the public property.
Vote was 5 - 0 to continue this item.
MATTERS AGENDIZED and PRESENTED by CITY COUNCIL MEMBERS **These Items are authored by Council Members. The council member who authors an item also does the research for that item -
From Council Member Barbara Kogerman the online report on the City web site for this agenda item contained the following information: DISCUSSION OF THE PREPARATION OF A RESOLUTION TO ESTABLISH A FEE OF 1 PERCENT OF COX COMMUNICATIONS GROSS REVENUES FROM FRANCHISE FEES TO SUPPORT PUBLIC, EDUCATONAL AND GOVERNMENT PROGRAMMING (PEG) TO BE PRODUCED BY LAGUNA HILLS HIGH SCHOOL.
BACKGROUND: This recommendation includes two components.
PEG (Public Educational and Government) FEE
The Digital Infrastructure and Video Competition Act of 2006 (“DIVCA”) allows cities to impose a fee of up to 1% of gross revenue from video services to support Public, Educational and Government (PEG) channel facilities and equipment. The PEG fee is in addition to the 5% franchise fee and is passed through from the City’s local cable television and video franchisee, Cox Communications, to customers. The use of the fee is limited to the construction of facilities for PEG access and the purchase of necessary equipment. It may not be used for operational or programming costs. The fee will cost Cox customers approximately $1.05 per month and will appear on their monthly bills as payable to the City of Laguna Hills. Cox Communications will collect and pay the fee to the City quarterly. This fee must be used for capital equipment.
OTHER CONSIDERATIONS - The City must direct staff to prepare a resolution to enact the 1% PEG fee already permitted in the Ordinance adopted March 13. When the City notifies Cox Communications of the enactment of the PEG provision, Cox Communication has 60 days to notify its customers of the change in monthly billing and then must pay the City within 45 days after the end of each quarter.
RECOMMENDATON: That the City Council direct staff to prepare a resolution enacting a fee that is equal to 1% of gross revenues to be paid by Cox Communications, the State's Video Franchise Holder operating in the City. The term "“GROSS REVENUES” shall be defined as set forth in Public Utilities Code, Section 5860. The fee shall be used to support PEG Channel facilities and equipment as deemed necessary by Laguna Hills High School to enhance its film and television program. The fee shall be remitted to the City on a quarterly basis within 45 days after the end of each quarter for that calendar year.
Council Member Kogerman said after she recently found that these PEG opportunities were available she asked the City Manager and Assist. City Manager if they had checked with the high school about their interest in using these funds for their programs and they said they had and there was no interest. She then asked how long ago that was and was told about 10 years. She attended a community meeting at the high school during the accreditation process and saw an impressive video produced by the students under the tutelage of Mr. John Hall. She learned that for the past 4 to 6 years LHHS has Laguna Hills High School has developed an outstanding Film and Television program and Mr. Hall was one of the OC Teachers of the Year in 2011. Graduates have been accepted at prestigious schools of Film and Television at various universities and students have flourished under this program. She played the music and dance video she had seen for the council and the audience, then continued that the City can require its local cable television and video franchisee, Cox Communications, to collect a PEG fee from customers to be passed to the City for the construction and purchase of equipment. The PEG fee would generate approximately $91,000 in annual revenue which can be used to enhance the capabilities of the Laguna Hills High School Film and Television program by purchasing equipment for it.
Possibilities for using the PEG funds to purchase equipment to further enhance the schools Film and Television Program include equipping a van to broadcast events from remote locations, broadcasting “home” games, performing arts events, and broadcasting City events such as the Memorial Day Run and 4th of July Celebration. The school could broadcast a “crawl” similar to hotel tourist channels, listing registration or other information, events calendars for both local schools and the City, and so forth. The City in cooperation with Laguna Hills High School will designate the channel it prefers to use, which will most likely be Channel 30. The “Educational Channel” is now programmed by Saddleback Community College, but working with that program is optional. The interface with Cox allows broadcasts to jump on and off the channel. The City and school could choose to broadcast only to Laguna Hills or to the south county region. The key to success is for the school and City to promote the program. The City can buy the equipment specified by the school and either give it or loan it to the school. She stressed that all this could be done for less than a cup of coffee a month for citizens.
PUBLIC COMMENTS -
Mayor Carruth asked if Council Member Kogerman had a plan for how all this would be incorporated into a program at LHHS and if Kogerman planned to put this issue on the Nov. ballot because Proposition 26 makes it clear that "there's no distinction between a fee or a tax.." "We have to ask the taxpayers before we levy a fee." Kogerman restated that this money applied only to equipment that would go to the school, not the district, and the school principal had been consulted and was very enthusiastic about this and there is no requirement that this go to a ballot, it is something a council can choose to enact and she asked for the City Attorney to give his opinion and added let's not call it a tax until we hear from the City Attorney, but at this point the City Attorney was not requested to speak by the Mayor who called on other speakers.
Council Member Songstad stated these kinds of requests usually come to us from the school and this is a selective tax on Cox Customers. In 21 years this council has never enacted a tax on it's residents.
Council Member Kogerman noted we already have franchise fees in effect such as the $200,000 a year the City charges CR&R the Trash Hauler, and the 5% of gross revenues we charge Cox, etc. but we don't call those taxes. This PEG fee is not any different from those franchise fees that we already collect.
John Hall, LHHS TV and Film Program teacher said he came to LHHS 6 years ago, after working 8 years as a professional camera man with a film degree from Chapman University and started a Film Making Program. This has been an advanced program for about 3 years now and the goal is to build school spirit and make ourselves part of the culture. In this process we've has a lot of students who learned the process of filmmaking from news, movie making, and music video standpoints. He said their music videos have received a lot of attention, their news pieces have won awards all over the country and they've had short films as well. He added that they work on a shoe string budget, Mission Viejo and Trabuco specifically have much larger facilities and can do much more. He said they are always looking to do more and just did the Every 15 Minutes Program at LHHS. Many of the students have gone on to great film schools all over the country. He concluded that the students make great use of the little bit that they have and this would be a fantastic real world opportunity for them especially in the field of broadcast journalism.
Art Hume, Representative from Cox Communications said this would be the first City to enact a PEG fee after Proposition 26 and it is Cox's view that there is some exposure related to Prop. 26. He later clarified that other have enacted the PEG fees but they did it prior to Prop. 26. He said there are 7000 Cox Customers in Laguna Hills. He said he would like Cox to receive some indemnification from the City in case there is an aggressive taxpayer group out there. He said the same Percentage Fee should be levied on AT&T customers and the City should perhaps pursue a franchise fee with them if they have not yet done so. He said Franchise Fees from Cox are not called "taxes" but are pass through fees from cable companies and trash haulers, etc.
Kogerman, stated the approximately $450,000 Franchise Fee collected from Cox goes into the General Fund and we don't call it a tax nor do we call the $200,000 Franchise Fee Collected from CR&R a tax, so maybe now that we are being transparent we should refer to those as taxes as well. Art Hume stated he and the customers would be happy if the council wanted to eliminate the Cox Franchise Fees and added these fees are not collected from Direct TV or Dish Networks.
City Attorney, Bruce Channing said the City charges Franchise Fees to all cable companies because they are using the public right of way and dig in the streets to install their cable lines installing their equipment boxes in Public Right of Ways that causes damage to our physical asset and it's a privilege that they have to use and we do the same, charging the Franchise Fee to our Trash Hauler because they drive heavy equipment on our streets and create damage in streets. Franchise fees are intended to recover the impact cost that those service providers create. PEG fees are independent of Franchise Fees and would be charged to all cable subscribers Cox and AT&T.
City Attorney, Greg Simonian stated Proposition 26 redefined what a tax is in Nov. of 2010 and reclassified certain State and Local Regulatory Fees as taxes that require 2/3 vote of approval to be enacted. This was designed to prevent the State and Local Authorities from generating revenue by disguising taxes as regulatory fees. He said it was his opinion the 1% PEG fee is not a tax, is not subject to Prop. 26 and is exempt from Prop. 26. Prop. 26 only applies to certain regulatory fees and has about 8 specific exemptions and a 1% PEG Fee is not a regulatory fee, in his opinion. It is specifically authorized by State and Federal Law and more specifically it is authorized and imposed by cities under CA. Public Utilities Code Section 5870 which say that by ordinance cities can enact a 1% PEG at any time. State Law Authorized levying the Peg fees clearly prior to the enactment of Prop. 26, so it's exempt from Prop. 26 and is a component of the franchisee that is authorized by State Law for the use of the City's Public Right of Way. However Prop. 26 is relatively new is untested, there are no cases. According to my conversation with Mr. Hume Cox has strong feelings about Proposition 26 has will be demanding that the City indemnify Cox if the City enacts the 1%, out of an abundance of caution. He said he would characterize his conversation with Mr. Hume as an expression of Corporate Anxiety. Council Member Songstad argued against the City Attorney's legal opinion and the City Attorney's basically responded - "That's an Argument"
** You can hear more detail from everyone who spoke online on the City's web site.
Teresa Bonutto, Laguna Hills Resident stated her son Jimmy studied with Mr. Hall at LHHS and went on to USC to parlay those skills, is making commercials and music videos now and earning money. She reported that as a PTA member and a parent she used to have to buy the service to produce the videos. If the students had better equipment at LHHS they could earn revenue from their productions to put back into their program. Grad Night also had to purchase outside productions but it would have been very nice to use productions from their own students at LHHS.
Wyatt Leonards said he is a 2011 Alumni of LHHS and has been with the video production program since 2009, took video productions and advanced video production. Mr Hall taught everything from script writing to shooting and everything in between. He said this program was designed for a career and he is now at Chapman University in the College of Media Arts which ranks at the top of schools like this in the nation now with USC and NYU. Program like this are not a luxury now but a standard of the industry. He is now being paid to shoot City Events for the City of Orange and also making music videos and short films. Mission Viejo's program is heavily funded by the Community and this equipment would be a huge benefit for the LHHS Program.
Luke Dugrassi, Laguna Hills Resident said he is a junior at LHHS and part of Mr Hall's Program now. He said there is so much more they could do with the additional equipment and it would inspire more kids to join. This would help the program and the community. He said he took the class just to get his Arts' requirement and it sparked a huge interest for him. It's a hands on interactive class.
Mrs. West, Laguna Hills Resident and mother of a recent LHHS graduate said budget cuts have hurt terribly and this small program has to fight to stay alive. This program could benefit hugely from this revenue and allow students who ave the talent and ability to immerse themselves in this and be successful. She noted that her children have all gone through LHHS now but she believes this would benefit the community as well. It would give the students experience and exposure needed to apply to colleges and for jobs. This could possibly be a pilot school program that would boost the school's ranking and help the kids applying to colleges. It could also encourage people to move here for this school and increase property values.
Karen Heffernan, PTSA President from Mission Viejo said she heard Mr. Songstad asked - Do you really want to go down that slippery slope, and she wanted to ask people to go down that slope because if there are monies available to give to our students the city council should do everything they can to go out there and get that money. Possibly get this money from AT&T too and it gets better. She asked the council to Stand Up for Students. She said this same type of program in Mission Viejo benefited her children greatly and she would be happy to pay the extra dollar investment in the community and there needs to be a group to oversee this. She added that perhaps even less than the full 1%, maybe 1/2% could be used to benefit the students. She said the LHHS Principal, Mr Boulton, is aware of this and very excited about the prospect.
Len Herman, Laguna Hills Resident said he was a radio and film major in school and is a Cox Customer and will be President of the Assoc. of Realtor's next year but is speaking for himself. He said he was for this until he read that it is a pass through fee which looks and feels like a tax. He said businesses here use Cox too and we need to attract business. Real Estate has been hit hard and his wife is out of work so he would like this to be a donation not a pass through fee.
Council Member Kogerman asked about the cost to put this on the ballot. The City Clerk responded she thought it would be about $10,000.
Council Member Songstad talked about how terrific the students are and the program is, but said he has to consider ifthis is something the City ought to be doing and the City won't indemnify Cox so it would have to go on the ballot.
Mayor Carruth said it's a small amount of money but also a down economy so this is an inappropriate time to levy a tax unless you ask the people.
Council Member Bressette talked extensively about how great the students are but said this is Taxation without Representation and he was sorry the students hopes were raised and that they were, "pandered to," but he won't vote for it without a vote from the people.
Mayor Pro-Tem Lautenschleger repeated much of what Bressette, talked abut the support the council does give the school but added he is troubled by the legal implications, should go to the people to decide.
Council member Kogerman noted referring to Mr. Bressette's statement, she made no attempt to pander to anyone, she saw this as a great opportunity for the school and the community.
Vote - No VOTE No Action was taken. There was no request for a study to put this on the ballot and no request for a study to look into any creative ways make this happen without an additional fee for citizens.
** Editor's Note - We spoke with citizens who attended the City Council Meeting on 4-10-12 and they did say they understood both sides related to paying another fee vs. getting all this great equipment for the TV and Film Program at LHHS, but they also said they were disappointed that the council members do not come to the table with a better attitude related to how they can make things happen for citizens. There was wide agreement that the majority of the council made no effort to be creative about ways to assist in getting this done for the students rather than just declaring this to be "Taxation Without Representation" and dropping it. Citizens suggested some alternatives of having the PEG program for just one year to acquire the equipment needed, using the same PEG amount or less through sharing from the funds already being collected from citizens by the City under the Franchise Fee for a year or two as needed to obtain the equipment, putting this issue on the ballot in Nov., or having the City assist in finding a Grant as this City is very experienced in finding grants.
The Laguna Hills City Attorney stated his opinion was - State Law authorized levying the Peg fees clearly prior to the enactment of Prop. 26, so it's exempt from Prop. 26 and is a component of the franchisee (one that is granted a franchise) that is authorized by State Law for the use of the City's Public Right of Way. Council members who opposed this 1% PEG fee on the basis of declaring it a tax, failed to mention, previously, to the public that the City has been directly receiving 5% of everything every citizen pays to Cox every month, in the form of a Franchise Fee, for many years but have never declared that a tax or a Selective Tax related to receiving it from Cox Subscribers.
If you look at your Cox bill you will see that the Franchise Fee is listed under Taxes, Fees and Surcharges and we were informed tonight that it is a direct pay, from Cox Customers through Cox, to the City. The City Manager said tonight - the City charges Franchise Fees to all cable companies because they are using the public right of way and dig in the streets to install their cable lines installing their equipment boxes in Public Right of Ways that causes damage to our physical asset and it's a privilege that they have to use, and we do the same charging the Franchise Fee to our Trash Hauler because they drive heavy equipment on our streets and create damage in streets. Franchise fees are intended to recover the impact cost that those service providers create. PEG fees are independent of Franchise Fees and would be charged to all cable subscribers Cox and AT&T, but our City Attorney said PEG fees are a component of the Franchisee and we heard tonight that the Franchise Fees are not earmarked for streets, but go into the City's General Fund.
At this meeting, the City also said they are working on getting the same Franchise Fee System with AT&T but if people have a non cable system that uses just the airways there is no Franchise Fee from the customers to the City. The City also failed to note that if citizens have problems with Cox that Cox fails to solve, the City, as the franchise agent, has a duty to step in to assist the Citizens. This is also noted on the back of your Cox Bill stating, "To dispute the outcome related to your cable service, you may file a complaint with your local franchising authority: City of Laguna Hills". A question left unanswered here - Is the Franchise fee that we pay directly to the City "Taxation Without Representation" as we were never consulted and never voted for this? The City Attorney said the Franchise Fee and the Peg Fee, which is a component of the franchisee, are not considered taxes but 4 members of the City Council clearly insisted the Peg Fee is a tax?
CITY COUNCIL MEMBER COMMENTS -
Mayor Pro Tem Lautenschleger stated he presented certificates to the wrestling team, attended a League of Cities Meeting, said the budget is still $9 million in debt, he spoke about a discussion of the State micro-managing City Affairs, also went to an So. CA. Assoc. of Governments Meeting where a regional transportation plan was discussed. He said by the year 2035 the population in this are will grow to over 4 million people so we have to make ways to move these people around. ** Please go to the City web site for any additional information on these matters as this is difficult to understand on the City web site as well as on our tape.
CLOSED SESSION – Conference with Labor Negotiator Daniel Cassidy, re. the City Manager's Terms and Conditions of Employment. **Editor's Note -These sessions have been ongoing since Sept. 27, 2011 (for 7 months) with NO PUBLIC REPORTS related to progress or to a 2011 bonus paid or not paid to the City Manager? Conference with legal counsel re. existing litigation re. Kirsten Cook, et al. vs Transportation Corridor Agency et al. Conference with Real Property Negotiators related to leasing a space at City Hall.
The Next regular City Council Meeting is Tuesday, April 24, 7 pm, at City Hall. Contact Laguna Hills City Council Members at ccouncil@ci.laguna-hills.ca.us
*** On Monday April 16, there will be a SPECIAL PUBLIC INFORMATION MEETING regarding the WIDENING of PASEO de VALENCIA on the LAGUNA HILLS SIDE of
the road in the City Council Chambers at City Hall from 5 pm to 7 pm
================================
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 - F - for not requesting a study tonight, related to what the City can do to limit excesses with future wireless antenna installations. No grade for the PEG Fee vs. Tax dispute tonight because 4 members of the City Council insisted, against the opinion of the City Attorney, that the PEG is a tax and, although it is a component of the franchisee, the Franchise Fee is not a tax? We agree with the citizens we interviewed that citizens should be clearly informed by the City about every fee or tax they pay to the City and Council Members should have a better attitude related to finding creative ways to make opportunities happen for citizens.
Carruth - F - for not requesting a study tonight, related to what the City can do to limit excesses with future wireless antenna installations. No grade for the PEG Fee vs. Tax dispute tonight because 4 members of the City Council insisted, against the opinion of the City Attorney, that the PEG is a tax and, although it is a component of the franchisee, the Franchise Fee is not a tax? We agree with the citizens we interviewed that citizens should be clearly informed by the City about every fee or tax they pay to the City and Council Members should have a better attitude related to finding creative ways to make opportunities happen for citizens.
Kogerman - P - for suggesting a request for a study, related to what the City can do to limit excesses with future wireless antenna installations. No grade for the PEG Fee vs. Tax dispute tonight because 4 members of the City Council insisted, against the opinion of the City Attorney, that the PEG is a tax and, although it is a component of the franchisee, the Franchise Fee is not a tax? We agree with the citizens we interviewed that citizens should be clearly informed by the City about every fee or tax they pay to the City and Council Members should have a better attitude related to finding creative ways to make opportunities happen for citizens.
Lautenschleger - F - for not requesting a study tonight, related to what the City can do to limit excesses with future wireless antenna installations. No grade for the PEG Fee vs. Tax dispute tonight because 4 members of the City Council insisted, against the opinion of the City Attorney, that the PEG is a tax and, although it is a component of the franchisee, the Franchise Fee is not a tax? We agree with the citizens we interviewed that citizens should be clearly informed by the City about every fee or tax they pay to the City and Council Members should have a better attitude related to finding creative ways to make opportunities happen for citizens.
Songstad - F - for not requesting a study tonight, related to what the City can do to limit excesses with future wireless antenna installations. No grade for the PEG Fee vs. Tax dispute tonight because 4 members of the City Council insisted, against the opinion of the City Attorney, that the PEG is a tax and, although it is a component of the franchisee, the Franchise Fee is not a tax? We agree with the citizens we interviewed that citizens should be clearly informed by the City about every fee or tax they pay to the City and Council Members should have a better attitude related to finding creative ways to make opportunities happen for citizens.
City Manager - Nothing
INFORMATION, COMMENTS QUESTIONS and CONCERNS from Watch Dog Readers:
About the planned widening of Paseo de Valencia
Anonymous said...
Why is Paseo de Valencia suddenly being widened on the East Side only and why does the City announce that before consulting residents?
*** There will be a SPECIAL PUBLIC INFORMATION MEETING regarding the WIDENING of PASEO de VALENCIA on the LAGUNA HILLS SIDE of the road in the City Council Chambers at City Hall On Monday April 16, from 5 pm to 7 pm
About Overhauling the System of City Finance Audits
Anonymous said...
Hey Watch Dog, Have you seen this??? http://taxdollars.ocregister.com/2012/03/22/would-you-know-if-your-city-pulled-fiscal-wool-over-your-eyes/150007/
Would you know if your city pulled fiscal wool over your eyes?
March 22nd, 2012, 9:40 pm · · posted by Teri Sforza, Register staff writer
The eggheads who pour over the ledgers of Orange County’s cities and special districts are paid more than $1 million every year to poke around the public money pots, and issue what almost always are squeaky-clean bills of fiscal health. Jim
Anonymous said...
City of Laguna Niguel has overhauled their system of Audits of City Finances by adding more layers, checking resolutions against what city staff actually receives and against car allowances, bonuses, and including citizens in their audit process, etc. The Mayor and Mayor Pro-Tem Communicate with the auditors to make it harder for staff to bury anything and they have a turnover on their City Council to help keep things honest. Our City needs to take a cue from them. This lack of change on the council and the council delegating everything to the City Manager is not good. http://taxdollars.ocregister.com/2012/03/29/secrets-surprises-help-keep-city-on-financial-toes/151651/
About Sidewalk Safety Issues at Valencia Elem. School
Anonymous said...
I absolutely do not believe that Valencia Elem. School does not have money to trim the shrubs that are spilling onto the sidewalk or to clean up that slope. Shame on them.
About the Traffic Commission not holding a scheduled meeting.
Anonymous said...
The Traffic Commission and the Parks and Recreation Commissions are tools for residents and definitely should meet at every scheduled meeting. 2 months is a ridiculously long waiting time already.
About the chronic traffic backups on La Paz near the I-5 interchange
Anonymous said...
Lautenschleger is right about this, La Paz is a backed up mess all the time now. Why is it that every time the City tries to improve the roads it makes things worse?
Council Member Kogerman named Gadfly of the Year
Anonymous said...
Barbara Kogerman, Gadfly of the Year. If you haven't seen this article, here's the link: http://www.ocweekly.com/bestof/2011/award/best-gadfly-1144297/
For those of you who think the term "gadfly" is pejorative, here's the explanation I found:
"In modern and local politics, gadfly is a term used to describe someone who persistently challenges people in positions of power, the status quo or a popular position.[3] For example, Morris Kline wrote "There is a function for the gadfly who poses questions that many specialists would like to overlook. Polemics are healthy."[4] Oxford University professor Bent Flyvbjerg has talked about "gadfly social science," emphasizing a key role for social science in identifying and challenging the abuse of power, whoever the perpetrator and whoever the victim [5] The word may be uttered in a pejorative sense, while at the same time be accepted as a description of honourable work or civic duty.[6]"
Laguna Hills - one of only 2 cities in Orange County that doesn't share well?
Anonymous said...
How badly has the Laguna Hills City Council treated Barbara Kogerman?
On Dec. 13, 2011, the Laguna Hills Watch Dog gave Laguna Hills City Council Members, Lautenschleger, Songstad, Carruth and Bressette grades of "F" for ignoring the will of the voters by refusing to vote for the top rated vote getter from the Laguna Hills 2010 City Council Election for either Mayor or Mayor Pro-Tem in 2011 and in 2012. Of the 19 cities in Orange County that rotate the positions of Mayor and Mayor Pro Tem among their City Council Members (rather than directly electing their Mayor), only 2 cities refused to select as Mayor or Mayor Pro-Tem their 2010-elected Council Member who was the top vote-getter - Laguna Hills and Los Alamitos .
Some of the 17 remaining Orange County Cities even selected second-or third-ranked 2010 election getters as Mayor or Mayor Pro Tem.
The 19 cities in Orange County that rotate the positions of Mayor and Mayor Pro Tem among their City Council Members (rather than directly electing their Mayor) are Brea, Buena Park, Costa Mesa, Dana Point, Fountain Valley, Fullerton, Laguna Hills, La Habra, Lake Forest, La Palma, Los Alamitos, Mission Viejo, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Tustin, Villa Park and Yorba Linda.
WIN WIN Wednesdays!! is an ongoing series of restaurant fundraisers, a project of the Laguna Hills High School PTSA. Students, their families and members of the general community dine out for a great meals, and in return the restaurants donate a percentage of their proceeds to the LHHS PTSA. It's good for us AND it's good for local restaurants, hence the concept of WIN-WIN.
Year long fundraising projects like Win-Win Wednesdays allow the PTSA to fund many worthwhile programs such as "Every 15 Minutes" (a vividly realistic drunk driving prevention presentation), the Award Winning "I Can Make a Difference" program and the Safe and Sober all night "Grad Night" party that Keeps our kids not only safe but in Laguna Hills and on campus continuing a 23 year tradition that makes us HAWK Proud! ** For Weekly Flyers Schedule go to our web site at www.WinWinWednesdays.com
** Bring the WWW!! flyer to these participating restaurants on these dates and a portion of the proceeds will be donated to the LHHS PTSA or now you can sign up for an e-blast at WinWinWednesdays@gmail.com to have the weekly schedule and flyers for Win-Win-Wednesdays e-mailed to you.
April 18 - Hot off the Grill - LH - 7 am to 10 pm
April 25 - King's Fish House - LH - 11 am to 9 pm
May 2 - Quiznos - LH - 11 am to 9 pm
** Be sure to "LIKE" us on Facebook to help spread the word and Don't forget to see our "WWW Everyday" Partners like Its a Grind Coffee House, Alpha Cleaners and Golden Baked Hams on our web site. Bring the flyers for these everyday partners and Support the businesses that support us!
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/
*** The Laguna Hills Adopted 3/5 Marines support group, Team Dark Horse, needs donated items for the 4th annual LHHS SWAP MEET on Saturday April 21 at Laguna Hills High School. This is a Community Swap Meet for the school. It raises funds for all the school activities and funds for Team Dark Horse to use to Support our City's Adopted 3/5 Marines at Camp Pendleton. **Please help the Marines and/or the High School by bringing all your donated items to the High School before 6:45 am on Sat. April 21 for the high school groups and the Laguna Hills Adopted 3/5 Marines. All funds raised go directly to the High School Groups and to the Marines. For more information you can contact Micki Zettel at gezette@msn.com or Dick Nagle at rnagle74@cox.net
**Go to the Team Dark Horse web site at http://teamdarkhorse.org/ to see how your donations are helping.
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
NEWS STORIES AND BLOGS ABOUT LAGUNA HILLS: Click on the links below to see the stories.
OC among worst for alcohol fueled crashes
Fullerton and Laguna Hills had the worst rates of crashes that involved underage drinkers
Read more at: http://www.ocregister.com/articles/cities-348774-crashes-among.html
New Reports with 2011 Statistics for the 70 year old Orange County Animal Shelter that Laguna Hills still uses for it's citizens
Fewer Animals Killed at OC animal shelter in 2011http://www.ocregister.com/articles/fewer-338291-killed-shelter.html?pic=1
Total euthanasia rate of 53%. Fewer were killed in 2011 because fewer were impounded at the County Animal Shelter in 2011. January 31, 2012 Teri Sfzora
Three out of four cats still don't leave shelter alive http://taxdollars.ocregister.com/2012/02/16/three-out-of-four-cats-still-dont-leave-shelter-alive/148403/ Teri Sforza OC Watchdog
Kill Rate for Cats at the OC Animal Shelter in 2011 was 74% and only 17% adopted, down from 19% in 2010
Euthanasia Rate Stuck at Nearly 50% at O.C. Animal Care http://ranchosantamargarita.patch.com/articles/shelter-euthanizes-fewer-animals-in-2011 County Shelter finally admits killing animal for space in this story.
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 battle http://www.ocregister.com/news/city-303262-kogerman-channing.html
Councilwoman: Public pay report inaccurate, self serving http://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 writer http://taxdollars.ocregister.com/2011/03/21/after-attacks-city-manager-compensation-sleuths-win-state-award/78545/#comment-139633
Click on http://www.publicceo.com/ for more of this story.
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
February 14, 2012 - Mayor Pro-Tem Lautenschleger said, about concerns from grandparents regarding exhaust fumes from Alicia Pkwy. blowing onto the sports field at the Community Center - "The prevailing wind is always off the ocean blowing East so it's blowing from the soccer fields onto Alicia and across that way."
Another fact checking problem. The Santa Ana Winds which are most common from October through March blow from the East to the West - from Alicia Pkwy. and Paseo de Valencia right on to that sports field.
November 27, 2011 - Regarding the ordinance establishing parks as “Child Safety Zones, Council Member Joel Lautenschleger stated, “Let's make one thing perfectly clear, there have been no sex crimes against children in the City since we incorporated."
Should have done some fact checking before speaking so boldly, Mr. Lautenschleger. According to information from the OC Sheriff's Dept. there have been 32 child molests in Laguna Hills in the past 11 years. Everyone is entitled to their own opinion but not their own facts.
January 10, 2012 - Council Member Songstad said, "I find it interesting that we are in a discussion where we are being asked to provide less information rather than more information, I thought transparency was all about providing more information."
To clarify for Council Member Songstad "Transparency" is not simply an amount of information - Merriam-Webster Dictionary (Transparency) - free from pretense or deceit, easily detected or seen through, obvious, readily understood, characterized by visibility or accessibility of information. Wikipedia (Transparency Behavior) - Transparency is operating in such a way that it is easy for others to see what actions are performed. All organizations have a transparency culture, but few have a culture of transparency, i.e., a culture of being aware of transparency and incorporating it routinely into how things are done.
October 11, 2011 - Regarding Intent to Vacate Public Service Easements (Tree Pockets) along Paseo de Valencia and between Alicia and La Paz. Mayor Songstad concluded with, "Alright its been moved and seconded. Everybody understand what the action is here? We're setting a public hearing, blah, blah, blah. All in favor"
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 20 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 2012 with 19 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 of residence and phone number (phone numbers will not be published). Letters of about 200 words will be given preference. Letters will be edited for length, grammar and clarity
Laguna Hills City Council Meeting - April 10, 2012
Features Directory
** Special Announcements - *** There will be a SPECIAL PUBLIC INFORMATION MEETING regarding the WIDENING of PASEO de VALENCIA from Kennington Dr. to Laguna Hills Dr. on the LAGUNA HILLS SIDE of the road in the City Council Chambers at City Hall On Monday April 16, from 5 pm to 7 pm. Although notices of this meeting were sent only to residents who live within 500 feet of this planned project, this meeting is open to all interested residents. This is the 1st phase of the planned future widening of Paseo de Valencia.
** You can now see and hear City Council Meetings on the City's Web Site, CONTACT LAGUNA HILLS CITY COUNCIL MEMBERS at - ccouncil@ci.laguna-hills.ca.us
** From The Laguna Hills Adopted 3/5 Marines support group - The 4th annual LHHS SWAP MEET is Saturday, April 21 at Laguna Hills High School This is a Community Swap Meet for the school. It raises funds for all the school clubs, sports, music and other activities and funds for Team Dark Horse to use to Support our City's Adopted 3/5 Marines at Camp Pendleton. **You can help the Marines and/or the High School by bringing all your donated items to the High School before 6:45 am on Sat. April 21 for the high school groups and the Laguna Hills Adopted 3/5 Marines and please attend the Swap Meet to find all the great bargains. All funds raised go directly to the High School Groups and to the Marines. For more information you can contact Micki Zettel at gezette@msn.com or Dick Nagle at rnagle74@cox.net
**Go to the Team Dark Horse web site at http://teamdarkhorse.org/ to see how your donations are helping.
** Citizen Alerts for future City Council Meetings will be listed on the blog site within 4 days prior to a meeting - Consider attending a meeting that interests you.
** Presentations and Proclamations - 10 year Anniversary Award for Peggy Johns, Laguna Hills City Clerk
** Public Comments - Complaint about a recent phone survey, and request Not to ban remote control vehicles from the Parks.
** LHHS Student Liaison Report Jeena Bonutto, alternate Adam Wong - Open House on April 19, Summer School Program dealing with law and Criminal Justice. The Mr. HAWK Pageant on April 28, 4th annual Swap Meet on April 21. LHHS Grad Night Preview June 13
Request from Council Member Kogerman that PREPARATION OF RESOLUTION TO SUPPORT PUBLIC, EDUCATONAL AND GOVERNMENT PROGRAMMING (PEG) for LHHS TV and Film Pgrm. be bumped up on the agenda related to high school kids and others in the council chambers who are here for this was Denied
**Consent Calendar - Warrant Register - $165,301.75
** Items of Interest from the Warrant Register - None
** Items Pulled from the Warrant Register- None
** Items of interest in the Consent Calendar - Item 4.3 - Price for the City's 4th of July celebration at the Community center this year is expected to increase from $42,697 in 2011 to $53,750 in 2012. Item 4.4 - SPECIAL PUBLIC INFORMATION MEETING regarding the WIDENING of PASEO de VALENCIA from Kennington Dr. to Laguna Hills Dr.
** Items pulled from the Consent Calendar for discussion - Paseo De Valencia Road Widening pulled by Council Member Kogerman related to timing of construction of this project.
** Planning Agency/City Council Public Hearings and Public Comments - Continued Request by AT&T Mobility to add 2 additional microwave dish antennas to the existing Communications Facility located at 25655 Nellie Gail Rd Challenged by Residents. Business Owners speak about Moulton-La Paz Shopping Center Re-development.
** City Council Public Hearings - Administrative Reports - None
** Matters Agendized and Presented by Council Members - Request for the council to direct staff to prepare a resolution enacting a fee for Public Educational and Government (PEG) Channel to support equipment at Laguna Hills High School to enhance its film and television program - resulted in controversy with the other council members and raised the question are citizens already paying taxes to the City that they are not aware of?.
** City Council Member Comments - Mayor Pro-Tem Lautenschleger spoke
** Closed Session - The Closed Session Conferences with Labor Negotiator re. City Manager's Terms and Conditions of Employment continues. These sessions have been ongoing for 7 months with No Public Reports.
** City Council Members Report Card - How did they score?
* Information, Comments, Questions, Concerns from LH Watch Dog Readers from the previous blog post including Win-Win-Wednesday + Comments on: Widening of Paseo de Valencia, Overhauling the System of City Finance Audits, Sidewalk Safety Issues at Valencia Elem. School, Traffic Commission not holding a scheduled meeting, Chronic traffic backups on La Paz near the I-5 interchange, Council Member Kogerman named Gadfly of the year, Laguna Hills - one of only 2 cities in Orange County that doesn't share well?
* How to support our 3/5 Adopted Marines and Updates - Request for Swap Meet Donations
* News Stories and Blogs about Laguna Hills - in the OC Register online under "City-by-City News" - "Laguna Hills". New story this week - Fullerton and Laguna Hills had the worst rates of crashes that involved underage drinkers
* City Council Members Say the Darndest Things in Public
* Crime in your Neighborhood
* Writing a letter to the Editor of the OC Register Newspaper
Laguna Hills City Council Meeting - April 10, 2012
All council members were present
============================== 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
PRESENTATIONS and PROCLAMATIONS - 10 year Anniversary Award for Peggy Johns, Laguna Hills City Clerk. Peggy was hired as Assistant City Clerk and in 2002 she was appointed to the position of City Clerk in 2006. The Mayor presented Peggy with a Certificate of Recognition and a gift. We learned last night that she also prepares the LHHS Student Liaisons for their role at City Council meetings. Peggy Johns is also a much appreciated member of Team Dark Horse, the City's Support Committee for it's Adopted 3/5 Marines. Peggy thanked her co-workers and said she loves her job, feels blessed and looks forward to more years of service. Congratulations to our City Clerk, Peggy Johns!
PUBLIC COMMENTS -
Loree Blough - Laguna Hills Resident stated last Thursday she received a phone call saying the City of Laguna Hills was conducting a survey. They asked for her husband but allowed her to take the survey after asking if she was a registered voter. She said she had concerns and hoped no taxpayer money was used for this survey. She said the questions were long and complicated, mixing issues together and not enough info. was provided to make intelligent decisions, questions were asked re. people's compensation, benefits and dismissals, without providing background information, questions were written to drive skewed results. She also objected to the surveyor calling back another time at almost 9:30 pm and asking for her after she had already taken the survey. She said she asked who was sponsoring the survey and was told that information couldn't be shared. She then stated that in her opinion the information collected should not be used to make any real life decisions. She later added that they mentioned specific names and organizations, such as the fire dept. the Sheriff's Dept, Watch Dog, etc.
Editor's Note - We at the LH Watch Dog heard about this survey but did not get a chance to take it. We did hear from 3 residents who took it and reported they were told it was a survey about the City of Laguna Hills. They said it was polling the opinions of citizens about various aspects of City Government and related issues. These residents said they appreciated the opportunity of being able to give their opinion about each council member and the city manager and issues that concern the City. They all noted that they don't get a chance to discuss these kinds of specifics in the surveys from the City. As the City Manager said, this type of survey is commonly done in election years, but it would be a problem if a person conducting a survey mistakenly says it is from, rather than about, the City. We know that some of the people asking survey questions sometimes make mistakes even though they usually have a script and/or may not well suited to the job they are doing. If you were called for this survey let us know what you thought about it.
City Manager Channing confirmed that this was not a survey from the City, and added all of us get calls like this all the time, especially when we get closer to elections.
Jeff McPherson - Laguna Hills Resident, stated his wife took the survey this weekend and said there were very city involved questions. He said he came to speak about proposed changes in ordinances from Parks and Recreation re. the parks. He said there are some postings on the Parks and Rec. site that they are banning golf, model rockets and any type of remote control device. He asked that the council not to ban remote control vehicles, that he has been interested in driving for 30 years, from the parks. He said he does this with his sons. They build electric cars and drive them around the parks but are careful about the turf, and these vehicles are not noisy or polluting. He said he has not heard of complaints about these vehicles. He added that Sheep's Hill Park is a zoo lately related to traffic congestion, kids darting out in the street and trash left behind. He said AFTA rents the park out to everyone and this is a safety issue.
David Reynolds, Community Services Director stated he received complaints from residents about golfing in the parks and model airplanes, radio controlled devices in parks. He said he brought this to the Parks and Rec. Commission at their last meeting on April 4th with a copy of the municipal code from other cities as a sample of what other cities are doing. This issue will be brought back to the City Council in about 2 months or so. The majority of the complaints were about golf. Staff thinks that under some of these regulations there can be an exclusion to the prohibition if there is a facility permit that is approved by the Parks and Rec. Director.
LHHS STUDENT LIAISON REPORT by Jeena Bonutto, alternate Adam Wong -
Students are on Spring Break now. We are coming back to our Open House on April 19. There will Boots for the Boosters and clubs and promotion of the various groups. The PTSA will be offering food, so come to get a bite to eat. The classrooms visitation stats at 7 pm and ends at 8:30 pm. An exciting thing is that at 5:30 there will be a session for incoming Freshman and new students. It's a great opportunity for students to come and meet the coaches and representatives from the Drama Program. This Summer, LHHS will be having Summer School Program that's dealing with law and Criminal Justice. It's hosted by our OC District Attorney's Office. The applications will be due on April 19 and the program runs from August 6 to 10. Some exciting events at LHHS will be our Mr. HAWK Pageant which kinda mimics the Miss USA Pageant. It's fun to watch the senior boys get really silly. This will be on April 28 at 7 pm in the theater. On April 21 will be our 4th annual Swap Meet. Please bring your gently used unwanted items for the Swap Meet to LHHS by 6:45 am on Aprill 21 and the Swap Meet runs until 2 pm. The LHHS Grad Night Preview Date is Wednesday June 13, from 5 to 7:30 pm. The entire community is invited and it is really worth seeing!!! You won't believe it until you see it!
Mayor Carruth added that April 21 will also be Earth Day for the City at the Community Center with opportunities for LHHS students to get community service hours for cleaning the City's trails, etc.
** Council Member Kogerman requested that item 8.1 DISCUSSION OF THE PREPARATION OF A RESOLUTION TO ESTABLISH A FEE OF 1 PERCENT OF COX COMMUNICATIONS GROSS REVENUES FROM FRANCHISE FEES TO SUPPORT PUBLIC, EDUCATONAL AND GOVERNMENT PROGRAMMING (PEG) TO BE PRODUCED BY LAGUNA HILLS HIGH SCHOOL be bumped up on the agenda related to all the high school kids and others in the council chambers who are here for this. Mayor Carruth stated she would Not favor this and polled the rest of the council who also said NO so this item was addressed as the last item on the meeting agenda and the meeting ended at 11 pm.
MINUTES - City Council Approves 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 always a significant delay for the public related to timely documentation of information from the city.
CONSENT CALENDAR - Warrant Register = $165,301.75 Items of interest from the Warrant Register - None
Items pulled from the Warrant Register - None
Items of interest from the Consent Calendar -
4.3 - 2012 4th of July Fireworks Show Agreement.- City Staff report says - This event will be held this year at the Community Center from 4 pm to 9:30 pm. Staff has recommended a new Fireworks Vendor - Pyro Engineering Inc. The proposed show will consist of a total of 1,100 shells and be 16 to 18 minutes in length at a cost to the City of $24,000. The proposed budget for the entire event this year is $53,750. Last year's total cost was $42,697. Staff recommendation is to execute the agreement with Pyro Engineering.
4.4 - Public Information Meeting for the Paseo de Valencia Widening Project, CIP No. 1145A Staff Report says - the 1st phase of the future planned widening of Paseo de Valencia is from Kennington Dr. to Laguna Hills Dr. and staff sent notices to residents in Laguna Hills and Laguna Woods who live within 500 feet of the project although the planned widening is only for the Laguna Hills side of this road. There will be a SPECIAL PUBLIC INFORMATION MEETING the City Council Chambers at City Hall On Monday April 16, from 5 pm to 7 pm that is open to all interested residents. The City is seeking comments from the Public as part of this work effort. Staff says this is to implement "complete streets" and correct a lane imbalance and reports that this project is consistent with the City's General Plan Circulation Element. The invitation to the meeting states for more information contact Ken Rosenfield, P.E. Director of Public Services at 949-707-2655. VOTE - Consent Calendar Passed - Item 4.3 was passed 5 - 0
Items Pulled from the Consent Calendar for Discussion - Item 4.4 was pulled by Council Member Kogerman re. the 1st phase widening of Paseo de Valencia from Kennington Dr. to Laguna Hills Dr. Kogerman asked about the timing of this project. Ken Rosenfield. Director of Public Services responded this project is still in the design and environmental clearance process. Once this process is complete and funding becomes available construction could then be scheduled. He added that the Design and Environmental Clearance will probably not be completed until January 2013, there is the public education meeting to introduce the public to the project and there will be additional informational public meetings over the next 7 to 8 months. Once the design is complete the City Council will be asked if they want staff to pursue funding through Measure M 2. He said, in general if funding were available though Measure M2 the project could go to construction in 2014-2015 at the earliest and it is subject to the City Council weighing that project against other Capital Improvement Budget Priorities.
Vote - Item 4.4 Passed 5 - 0
** Editor's Note - Related to projects like this one please see:
Group Seeks a more open Santa Ana City Hall http://www.ocregister.com/news/city-348177-council-group.html A group of Santa Ana City Residents has developed a "sunshine ordinance" and is pushing for neighborhood meetings on proposed developments and the seating of an oversight panel to help ensure the city is functioning openly.
CITY COUNCIL/PLANNING AGENCY
CITY COUNCIL/PLANNING AGENCY PUBLIC HEARINGS and Public Comments -
Item 5.4.1 - A request by AT&T Mobility to add 2 additional microwave dish antennas to the existing Communications Facility located at 25655 Nellie Gail Rd. was first presented on January 10, 2012, then continued to March 13, 2012 and continued again to April 10, 2012 for the collection of citizen requested information. Laguna Hills Citizens spoke at the Jan.10 meeting and noted that the city council does have to power to request proof that the cumulative effects of the microwave dish antennas at this site do not exceed FCC Regulations so requested that the City Council do their "Due Diligence" in this matter and report the results to the community. The Staff Report stated a pre- installation electromagnetic energy report, alternatives analysis and more specific information on the technology alternatives were requested.
At the Jan.10 City Council Meeting - Community Development Director David Chantarangsu said the 2 new microwave dish antennas would be added to an existing monopole that currently has 12 panel antennas, 2 Microwave antennas and other related equipment. The site also contains 3 water tanks for the Moulton Niguel Water District. Mr. Chantarangsu said the height of the antenna will not actually increase but with the addition of the new dishes the overall height will be increased from 53 feet to 57.5/58 feet. Mr. Chantarangsu added that a couple of calls had been received from nearby residents expressing safety concerns but the 1996 Federal Telecommunications Act prohibits cities from denying cell sites based on safety concerns.
Alex Tsaturov - AT&T Representative, in answer to questions from citizens and council members, explained that the antennas require a clear line of sight from point to point and there is no reason to believe people will be affected by this. The need for additional microwave dishes was to increase the speed and capacity of data related to dropped calls, and the need for faster downloads and uploads. He said there were two considerations for replacing a pole which were: 1. A pole can no longer support additional antennas and 2. Budget, he added that the height of surrounding trees used to screen these areas can interfere with transmission. This site was reported to be chosen because it is the highest site in the area at 120 feet.
The newest staff report with the results of the Site Testing of Electromagnetic Energy states that a person within the water reservoir compound would be exposed to less that 20% of the maximum permissible exposure allowed by the FCC. The study indicates that the proposed microwave dishes would result in a person receiving only 5% of the maximum permissible exposure at ground level within the water reservoir compound. Condition 11 requires that the applicant conduct a post-installation teat to verify that the site is operating within acceptable conditions re. energy emissions. The report states Nellie Gail Ranch HOA has been consulted and has no official opinion but has received complaints re. health concerns from residents living adjacent to the site.
Regarding the question of why the upgrade is needed, the report states AT& has chosen to keep information related to capacity confidential. Regarding the availability of alternate sites the report states the applicant has said other sites were not high enough and the Nellie Gail Site is noted to be 628' (MSL) - Report states the new height will be 58 feet. The City's development code Section 9-58.040 states E. , All nonexempt antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.
Staff recommendation is that the Planning Agency/City Council conduct a public hearing and approve the plan. Staff Report States Public Hearing notices were sent to property owners within a 300 ft radius of the subject property. David Chantarangsu, Community Development Director stated the Federal Government is pushing for wireless facilities to be approved with minimal interference. On Feb. 22, 2012 HR 3630 "Middle Class Tax Relief and Job Creation Act of 2012,” was signed applying to the co-location of new transmission equipment and this project falls into that Category pushing for less control over non-substantial changes.
Mayor Carruth pushed the applicant's representative repeatedly for a new pole in the form of a fake tree but the applicant (AT&T) repeatedly declined. City Attorney, Greg Simonian was allowed to weigh in at the end of this discussion and explained it was his legal opinion that if the applicant was applying tonight for a new cell tower and the council/planning agency didn't like the aesthetics of the tower and questioned alternatives, they could deny it based on aesthetics and ask for a tower in the shape of a tree but tonight's request is a relatively simple co-location of 2 new antenna dishes on an existing pole/tower, this is consistent with the City's municipal code and consistent with development standards that are in place now and in his opinion this is a minor modification to an existing tower so a denial would be treading on shaky ground. He said it is an option to discuss with this applicant his withdrawl of this request to go back to AT&T to ask them to submit a new application for a new tower and to start over with an entirely new planning process. He added that the next time an application comes with a request adding more antennas this can start with a discussion of a new pole and that he believes this message has been sent to AT&T via tonight's discussion, meanwhile the council may want to re-examine municipal code for height restrictions and any other restrictions that might be available.
Public Comments:
Michael Goodin, Laguna Hills Resident stated that there were flaws in this study. It says nothing about what's going to happen with the additional antennas. The site was measured as it is which is 20% of the FCC limit. This is way up from the last report, 2 years ago, of 3.5% of the FCC limit. He also said staff made a faulty conclusion that another 5% would be added with the 2 new antenna but that is not what the report is saying. What the report is saying is that AT&T has more than 5% of all the antennas at this site. There are more than just the 12 on this pole, there are a total of 59 antennas at this site. He noted that this site is burdened with so many antennas because it is so high. He concluded it is doubtful, from this report that AT&T really investigated other sites to see if they would work. Looking at the summary of the report 1.3 of the Telnet report says, "AT&T's RF exposure policy doesn't complie (this word is spelled "complie" in this document) with FCC and OSHA requirements."
In the last report radio frequency levels were measured at height differences, at ground level and above the level and it was noted that radiation levels were higher at upper levels. In this report there was no measure of upper levels. He agreed that if we are stuck with these things why not have them disguised as a tree. He added that they are just guesstimating the energy in the actual antennas in their report by using generic models and concluded he believes the technology to do better exists, but they don't want to spend the money. Bottom line is that in this report they have not said how much is added which is the whole point of the study. He added that it appears we are being burdened here by the City's "co-location" rule which is something that should be studied for the future, because in theory we started with one antenna here and are now up to about 62 because the idea is to always put more where we already have one.
Council Member Songstad argued he believes AT&T did make an effort to model the site as it would be under the proposal and the bottom line is even under the modeling assumptions and they were assuming the worst case analysis, it's far below the FCC guidelines, so I don't think it's a safety issue and from an aesthetic point of view, the dominant feature is the water tanks. Michael Goodin responded they haven't used computer modeling studies.
Bobbie Mann. Laguna Hills Resident stated she lives below the water towers. She moved here in 1983 there was nothing on top of the water towers and now there are about 60 antennas. She added she doesn't think the residents should be burdened this way for living on an hill. She asked how will the microwaves be monitored, and how often and asked will we be told accurately what the levels are? She added that the San Onofre problem makes us all more aware of the environment and the problems with radiation.
Terrance Ing, Laguna Hills Resident and Telecom Analyst, stated property values are down already about 53% from their peak in 2006 and he believes, from studying these cell towers and their effects on property values, that these towers can cause an additional 10% to 25% drop. He added that aesthetics are very important and this is becoming a bigger and bigger problem related to growth of the telecommunications industry so are there any set limits? What about a maximum height limit and maximum number of antennas? He said here they are just transferring information from one location to another but doesn't see how this will help the coverage related to capacity and dropped calls in our area. He said there is about $450 million being spent in the LA and Orange County areas but how much of this is being spent on 4th generation technology and why can't some of this be spent on a tower disguised as a tree to help this community? He said AT&T as of Dec. 20011 is in last place related to customer service in the consumer survey reports. He concluded we don't want to be known at the ugly Tower Community.
Mayor Carruth interjected that the height restriction in Laguna Hills is 36 feet but the monopole being discussed was placed by the County before we became a City.
Alex Tsaturov - Representative from AT&T stated the pre-study has been presented and a post study will be done after the installation to be show that all conditions are met. He noted the EME report stated there will be a 5% increase from the addition of the 2 new antennas for a total of 20% of the max. permissible exposure per FCC, so this is absolutely safe. He added that he has not seen anything correlating property values with cell towers. He said the measurements of radio activity are taken at about 300 or 500 feet from the cell tower but only at ground level. Related to the investing of funds there are 3 primary technologies AT&T's network operates on - the GSM, GNTS - the 3G technology and LT which is 4G Technology. There is a high demand for 4G wireless technology now so a large strain on the network. Related to if the 2 new antennas will improve our service rather than just transmit information, he said there is another vendor working on behalf of AT&T with the goal of coverage, to improve coverage in the area and their application was approved several months ago so they are in the process of installing new antennas to improve coverage, then we are coming in to improve capacity by allowing for greater band width analogous to adding an additional 2 lanes to a freeway to improve traffic flow.
Council Member Songstad asked is your band width already restricted and how will this help? Alex replied AT&T does have a license for certain frequencies but his will increase capacity between the 2 communication points because if you are on a phone call and you go into another destination that doesn't have fiber or increased data bank, we have to look at the network as a whole so sharing data and fiber with other cell sites will increase capacity. Alex continued to avoid the issue of replacing the pole tower disguised as a tree by reporting AT&T has to answer to share holders and is it a necessity to replace the pole, what is the added benefit and defending the look of the area as it is now. He said installing a new pole is not something AT&T would want to consider now. He said for the post antenna installation test AT&T will have an independent engineer do the study which will be available for the public.
Council Member Bressette suggested that in the future residents complain to Moulton Niguel Water District regarding the problems they have with this site and moved the staff recommendation for a vote
Council Member Kogerman asked to agendize the study that City Attorney Simonian suggested for the future, related to what can we do and what can we limit. etc.
Mayor Pro-Tem Lautenschleger stated, "This is not a new pole, it's just an addition of an additional 2 dishes to a present pole and although I am concerned on the safety and I am concerned on the aesthetics I have more calls and more information from people that are complaining about service."
**Editor's Note - At the 4/27/10 LHCC Meeting there was a request from Sprint/Nextel to add 3 antennas to the existing wireless communication facility at this same location - the Moulton-Niguel water District Tanks area in Nellie Gail. There were objections from the public so there was a motion from Council member Carruth to continue this item for more information. The following were comments from Council Member Lautenschleger and Songstad at that time - Council Member Joel Lautenschleger stated he was not in favor of continuing, this was the best site for the equipment and he stated "We have never done this before, continued an item there's micro waves, antennas and towers in areas around the city that are much closer or as close as these are". Council Member Allan Songstad agreed with Lautenschleger and gave a comparison of this being like a microwave oven that we all have in our houses that are higher wattage.
Vote was 5-0 to pass this in favor of the applicant AT&T. No Action was taken on Council Member Kogerman's suggestion of agendizing a study of what limits on wireless communication antennas are currently available to cities.
JOINT CITY COUNCIL/PLANNING AGENCY MEETING
PUBLIC HEARINGS - 6.3.1 - Request for a Conditional Use Permit (CIP) to Remodel and expand the Moulton La Paz Shopping Center to include the addition of approx. 30.000 sq. ft of new commercial space, updated facades, new parking lot layout and landscaping and consideration of the disposal of public property included in the development proposal.
PUBLIC COMMENTS - Michael Anderson and Peggy Anderson spoke. They said they own the Wellness Spa that works with Prenatal and Oncology patients in this shopping area and have been there for 14 years. They stated that it is presently a ghost town and stressed the need for the Council's support for this long needed remodel.
Staff Request that this item be continued to the April 24, 2012 City Council/Planning Agency Meeting related to the disposal of the public property.
Vote was 5 - 0 to continue this item.
MATTERS AGENDIZED and PRESENTED by CITY COUNCIL MEMBERS **These Items are authored by Council Members. The council member who authors an item also does the research for that item -
From Council Member Barbara Kogerman the online report on the City web site for this agenda item contained the following information: DISCUSSION OF THE PREPARATION OF A RESOLUTION TO ESTABLISH A FEE OF 1 PERCENT OF COX COMMUNICATIONS GROSS REVENUES FROM FRANCHISE FEES TO SUPPORT PUBLIC, EDUCATONAL AND GOVERNMENT PROGRAMMING (PEG) TO BE PRODUCED BY LAGUNA HILLS HIGH SCHOOL.
BACKGROUND: This recommendation includes two components.
PEG (Public Educational and Government) FEE
The Digital Infrastructure and Video Competition Act of 2006 (“DIVCA”) allows cities to impose a fee of up to 1% of gross revenue from video services to support Public, Educational and Government (PEG) channel facilities and equipment. The PEG fee is in addition to the 5% franchise fee and is passed through from the City’s local cable television and video franchisee, Cox Communications, to customers. The use of the fee is limited to the construction of facilities for PEG access and the purchase of necessary equipment. It may not be used for operational or programming costs. The fee will cost Cox customers approximately $1.05 per month and will appear on their monthly bills as payable to the City of Laguna Hills. Cox Communications will collect and pay the fee to the City quarterly. This fee must be used for capital equipment.
OTHER CONSIDERATIONS - The City must direct staff to prepare a resolution to enact the 1% PEG fee already permitted in the Ordinance adopted March 13. When the City notifies Cox Communications of the enactment of the PEG provision, Cox Communication has 60 days to notify its customers of the change in monthly billing and then must pay the City within 45 days after the end of each quarter.
RECOMMENDATON: That the City Council direct staff to prepare a resolution enacting a fee that is equal to 1% of gross revenues to be paid by Cox Communications, the State's Video Franchise Holder operating in the City. The term "“GROSS REVENUES” shall be defined as set forth in Public Utilities Code, Section 5860. The fee shall be used to support PEG Channel facilities and equipment as deemed necessary by Laguna Hills High School to enhance its film and television program. The fee shall be remitted to the City on a quarterly basis within 45 days after the end of each quarter for that calendar year.
Council Member Kogerman said after she recently found that these PEG opportunities were available she asked the City Manager and Assist. City Manager if they had checked with the high school about their interest in using these funds for their programs and they said they had and there was no interest. She then asked how long ago that was and was told about 10 years. She attended a community meeting at the high school during the accreditation process and saw an impressive video produced by the students under the tutelage of Mr. John Hall. She learned that for the past 4 to 6 years LHHS has Laguna Hills High School has developed an outstanding Film and Television program and Mr. Hall was one of the OC Teachers of the Year in 2011. Graduates have been accepted at prestigious schools of Film and Television at various universities and students have flourished under this program. She played the music and dance video she had seen for the council and the audience, then continued that the City can require its local cable television and video franchisee, Cox Communications, to collect a PEG fee from customers to be passed to the City for the construction and purchase of equipment. The PEG fee would generate approximately $91,000 in annual revenue which can be used to enhance the capabilities of the Laguna Hills High School Film and Television program by purchasing equipment for it.
Possibilities for using the PEG funds to purchase equipment to further enhance the schools Film and Television Program include equipping a van to broadcast events from remote locations, broadcasting “home” games, performing arts events, and broadcasting City events such as the Memorial Day Run and 4th of July Celebration. The school could broadcast a “crawl” similar to hotel tourist channels, listing registration or other information, events calendars for both local schools and the City, and so forth. The City in cooperation with Laguna Hills High School will designate the channel it prefers to use, which will most likely be Channel 30. The “Educational Channel” is now programmed by Saddleback Community College, but working with that program is optional. The interface with Cox allows broadcasts to jump on and off the channel. The City and school could choose to broadcast only to Laguna Hills or to the south county region. The key to success is for the school and City to promote the program. The City can buy the equipment specified by the school and either give it or loan it to the school. She stressed that all this could be done for less than a cup of coffee a month for citizens.
PUBLIC COMMENTS -
Mayor Carruth asked if Council Member Kogerman had a plan for how all this would be incorporated into a program at LHHS and if Kogerman planned to put this issue on the Nov. ballot because Proposition 26 makes it clear that "there's no distinction between a fee or a tax.." "We have to ask the taxpayers before we levy a fee." Kogerman restated that this money applied only to equipment that would go to the school, not the district, and the school principal had been consulted and was very enthusiastic about this and there is no requirement that this go to a ballot, it is something a council can choose to enact and she asked for the City Attorney to give his opinion and added let's not call it a tax until we hear from the City Attorney, but at this point the City Attorney was not requested to speak by the Mayor who called on other speakers.
Council Member Songstad stated these kinds of requests usually come to us from the school and this is a selective tax on Cox Customers. In 21 years this council has never enacted a tax on it's residents.
Council Member Kogerman noted we already have franchise fees in effect such as the $200,000 a year the City charges CR&R the Trash Hauler, and the 5% of gross revenues we charge Cox, etc. but we don't call those taxes. This PEG fee is not any different from those franchise fees that we already collect.
John Hall, LHHS TV and Film Program teacher said he came to LHHS 6 years ago, after working 8 years as a professional camera man with a film degree from Chapman University and started a Film Making Program. This has been an advanced program for about 3 years now and the goal is to build school spirit and make ourselves part of the culture. In this process we've has a lot of students who learned the process of filmmaking from news, movie making, and music video standpoints. He said their music videos have received a lot of attention, their news pieces have won awards all over the country and they've had short films as well. He added that they work on a shoe string budget, Mission Viejo and Trabuco specifically have much larger facilities and can do much more. He said they are always looking to do more and just did the Every 15 Minutes Program at LHHS. Many of the students have gone on to great film schools all over the country. He concluded that the students make great use of the little bit that they have and this would be a fantastic real world opportunity for them especially in the field of broadcast journalism.
Art Hume, Representative from Cox Communications said this would be the first City to enact a PEG fee after Proposition 26 and it is Cox's view that there is some exposure related to Prop. 26. He later clarified that other have enacted the PEG fees but they did it prior to Prop. 26. He said there are 7000 Cox Customers in Laguna Hills. He said he would like Cox to receive some indemnification from the City in case there is an aggressive taxpayer group out there. He said the same Percentage Fee should be levied on AT&T customers and the City should perhaps pursue a franchise fee with them if they have not yet done so. He said Franchise Fees from Cox are not called "taxes" but are pass through fees from cable companies and trash haulers, etc.
Kogerman, stated the approximately $450,000 Franchise Fee collected from Cox goes into the General Fund and we don't call it a tax nor do we call the $200,000 Franchise Fee Collected from CR&R a tax, so maybe now that we are being transparent we should refer to those as taxes as well. Art Hume stated he and the customers would be happy if the council wanted to eliminate the Cox Franchise Fees and added these fees are not collected from Direct TV or Dish Networks.
City Attorney, Bruce Channing said the City charges Franchise Fees to all cable companies because they are using the public right of way and dig in the streets to install their cable lines installing their equipment boxes in Public Right of Ways that causes damage to our physical asset and it's a privilege that they have to use and we do the same, charging the Franchise Fee to our Trash Hauler because they drive heavy equipment on our streets and create damage in streets. Franchise fees are intended to recover the impact cost that those service providers create. PEG fees are independent of Franchise Fees and would be charged to all cable subscribers Cox and AT&T.
City Attorney, Greg Simonian stated Proposition 26 redefined what a tax is in Nov. of 2010 and reclassified certain State and Local Regulatory Fees as taxes that require 2/3 vote of approval to be enacted. This was designed to prevent the State and Local Authorities from generating revenue by disguising taxes as regulatory fees. He said it was his opinion the 1% PEG fee is not a tax, is not subject to Prop. 26 and is exempt from Prop. 26. Prop. 26 only applies to certain regulatory fees and has about 8 specific exemptions and a 1% PEG Fee is not a regulatory fee, in his opinion. It is specifically authorized by State and Federal Law and more specifically it is authorized and imposed by cities under CA. Public Utilities Code Section 5870 which say that by ordinance cities can enact a 1% PEG at any time. State Law Authorized levying the Peg fees clearly prior to the enactment of Prop. 26, so it's exempt from Prop. 26 and is a component of the franchisee that is authorized by State Law for the use of the City's Public Right of Way. However Prop. 26 is relatively new is untested, there are no cases. According to my conversation with Mr. Hume Cox has strong feelings about Proposition 26 has will be demanding that the City indemnify Cox if the City enacts the 1%, out of an abundance of caution. He said he would characterize his conversation with Mr. Hume as an expression of Corporate Anxiety. Council Member Songstad argued against the City Attorney's legal opinion and the City Attorney's basically responded - "That's an Argument"
** You can hear more detail from everyone who spoke online on the City's web site.
Teresa Bonutto, Laguna Hills Resident stated her son Jimmy studied with Mr. Hall at LHHS and went on to USC to parlay those skills, is making commercials and music videos now and earning money. She reported that as a PTA member and a parent she used to have to buy the service to produce the videos. If the students had better equipment at LHHS they could earn revenue from their productions to put back into their program. Grad Night also had to purchase outside productions but it would have been very nice to use productions from their own students at LHHS.
Wyatt Leonards said he is a 2011 Alumni of LHHS and has been with the video production program since 2009, took video productions and advanced video production. Mr Hall taught everything from script writing to shooting and everything in between. He said this program was designed for a career and he is now at Chapman University in the College of Media Arts which ranks at the top of schools like this in the nation now with USC and NYU. Program like this are not a luxury now but a standard of the industry. He is now being paid to shoot City Events for the City of Orange and also making music videos and short films. Mission Viejo's program is heavily funded by the Community and this equipment would be a huge benefit for the LHHS Program.
Luke Dugrassi, Laguna Hills Resident said he is a junior at LHHS and part of Mr Hall's Program now. He said there is so much more they could do with the additional equipment and it would inspire more kids to join. This would help the program and the community. He said he took the class just to get his Arts' requirement and it sparked a huge interest for him. It's a hands on interactive class.
Mrs. West, Laguna Hills Resident and mother of a recent LHHS graduate said budget cuts have hurt terribly and this small program has to fight to stay alive. This program could benefit hugely from this revenue and allow students who ave the talent and ability to immerse themselves in this and be successful. She noted that her children have all gone through LHHS now but she believes this would benefit the community as well. It would give the students experience and exposure needed to apply to colleges and for jobs. This could possibly be a pilot school program that would boost the school's ranking and help the kids applying to colleges. It could also encourage people to move here for this school and increase property values.
Karen Heffernan, PTSA President from Mission Viejo said she heard Mr. Songstad asked - Do you really want to go down that slippery slope, and she wanted to ask people to go down that slope because if there are monies available to give to our students the city council should do everything they can to go out there and get that money. Possibly get this money from AT&T too and it gets better. She asked the council to Stand Up for Students. She said this same type of program in Mission Viejo benefited her children greatly and she would be happy to pay the extra dollar investment in the community and there needs to be a group to oversee this. She added that perhaps even less than the full 1%, maybe 1/2% could be used to benefit the students. She said the LHHS Principal, Mr Boulton, is aware of this and very excited about the prospect.
Len Herman, Laguna Hills Resident said he was a radio and film major in school and is a Cox Customer and will be President of the Assoc. of Realtor's next year but is speaking for himself. He said he was for this until he read that it is a pass through fee which looks and feels like a tax. He said businesses here use Cox too and we need to attract business. Real Estate has been hit hard and his wife is out of work so he would like this to be a donation not a pass through fee.
Council Member Kogerman asked about the cost to put this on the ballot. The City Clerk responded she thought it would be about $10,000.
Council Member Songstad talked about how terrific the students are and the program is, but said he has to consider ifthis is something the City ought to be doing and the City won't indemnify Cox so it would have to go on the ballot.
Mayor Carruth said it's a small amount of money but also a down economy so this is an inappropriate time to levy a tax unless you ask the people.
Council Member Bressette talked extensively about how great the students are but said this is Taxation without Representation and he was sorry the students hopes were raised and that they were, "pandered to," but he won't vote for it without a vote from the people.
Mayor Pro-Tem Lautenschleger repeated much of what Bressette, talked abut the support the council does give the school but added he is troubled by the legal implications, should go to the people to decide.
Council member Kogerman noted referring to Mr. Bressette's statement, she made no attempt to pander to anyone, she saw this as a great opportunity for the school and the community.
Vote - No VOTE No Action was taken. There was no request for a study to put this on the ballot and no request for a study to look into any creative ways make this happen without an additional fee for citizens.
** Editor's Note - We spoke with citizens who attended the City Council Meeting on 4-10-12 and they did say they understood both sides related to paying another fee vs. getting all this great equipment for the TV and Film Program at LHHS, but they also said they were disappointed that the council members do not come to the table with a better attitude related to how they can make things happen for citizens. There was wide agreement that the majority of the council made no effort to be creative about ways to assist in getting this done for the students rather than just declaring this to be "Taxation Without Representation" and dropping it. Citizens suggested some alternatives of having the PEG program for just one year to acquire the equipment needed, using the same PEG amount or less through sharing from the funds already being collected from citizens by the City under the Franchise Fee for a year or two as needed to obtain the equipment, putting this issue on the ballot in Nov., or having the City assist in finding a Grant as this City is very experienced in finding grants.
The Laguna Hills City Attorney stated his opinion was - State Law authorized levying the Peg fees clearly prior to the enactment of Prop. 26, so it's exempt from Prop. 26 and is a component of the franchisee (one that is granted a franchise) that is authorized by State Law for the use of the City's Public Right of Way. Council members who opposed this 1% PEG fee on the basis of declaring it a tax, failed to mention, previously, to the public that the City has been directly receiving 5% of everything every citizen pays to Cox every month, in the form of a Franchise Fee, for many years but have never declared that a tax or a Selective Tax related to receiving it from Cox Subscribers.
If you look at your Cox bill you will see that the Franchise Fee is listed under Taxes, Fees and Surcharges and we were informed tonight that it is a direct pay, from Cox Customers through Cox, to the City. The City Manager said tonight - the City charges Franchise Fees to all cable companies because they are using the public right of way and dig in the streets to install their cable lines installing their equipment boxes in Public Right of Ways that causes damage to our physical asset and it's a privilege that they have to use, and we do the same charging the Franchise Fee to our Trash Hauler because they drive heavy equipment on our streets and create damage in streets. Franchise fees are intended to recover the impact cost that those service providers create. PEG fees are independent of Franchise Fees and would be charged to all cable subscribers Cox and AT&T, but our City Attorney said PEG fees are a component of the Franchisee and we heard tonight that the Franchise Fees are not earmarked for streets, but go into the City's General Fund.
At this meeting, the City also said they are working on getting the same Franchise Fee System with AT&T but if people have a non cable system that uses just the airways there is no Franchise Fee from the customers to the City. The City also failed to note that if citizens have problems with Cox that Cox fails to solve, the City, as the franchise agent, has a duty to step in to assist the Citizens. This is also noted on the back of your Cox Bill stating, "To dispute the outcome related to your cable service, you may file a complaint with your local franchising authority: City of Laguna Hills". A question left unanswered here - Is the Franchise fee that we pay directly to the City "Taxation Without Representation" as we were never consulted and never voted for this? The City Attorney said the Franchise Fee and the Peg Fee, which is a component of the franchisee, are not considered taxes but 4 members of the City Council clearly insisted the Peg Fee is a tax?
CITY COUNCIL MEMBER COMMENTS -
Mayor Pro Tem Lautenschleger stated he presented certificates to the wrestling team, attended a League of Cities Meeting, said the budget is still $9 million in debt, he spoke about a discussion of the State micro-managing City Affairs, also went to an So. CA. Assoc. of Governments Meeting where a regional transportation plan was discussed. He said by the year 2035 the population in this are will grow to over 4 million people so we have to make ways to move these people around. ** Please go to the City web site for any additional information on these matters as this is difficult to understand on the City web site as well as on our tape.
CLOSED SESSION – Conference with Labor Negotiator Daniel Cassidy, re. the City Manager's Terms and Conditions of Employment. **Editor's Note -These sessions have been ongoing since Sept. 27, 2011 (for 7 months) with NO PUBLIC REPORTS related to progress or to a 2011 bonus paid or not paid to the City Manager? Conference with legal counsel re. existing litigation re. Kirsten Cook, et al. vs Transportation Corridor Agency et al. Conference with Real Property Negotiators related to leasing a space at City Hall.
The Next regular City Council Meeting is Tuesday, April 24, 7 pm, at City Hall. Contact Laguna Hills City Council Members at ccouncil@ci.laguna-hills.ca.us
*** On Monday April 16, there will be a SPECIAL PUBLIC INFORMATION MEETING regarding the WIDENING of PASEO de VALENCIA on the LAGUNA HILLS SIDE of
the road in the City Council Chambers at City Hall from 5 pm to 7 pm
================================
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 - F - for not requesting a study tonight, related to what the City can do to limit excesses with future wireless antenna installations. No grade for the PEG Fee vs. Tax dispute tonight because 4 members of the City Council insisted, against the opinion of the City Attorney, that the PEG is a tax and, although it is a component of the franchisee, the Franchise Fee is not a tax? We agree with the citizens we interviewed that citizens should be clearly informed by the City about every fee or tax they pay to the City and Council Members should have a better attitude related to finding creative ways to make opportunities happen for citizens.
Carruth - F - for not requesting a study tonight, related to what the City can do to limit excesses with future wireless antenna installations. No grade for the PEG Fee vs. Tax dispute tonight because 4 members of the City Council insisted, against the opinion of the City Attorney, that the PEG is a tax and, although it is a component of the franchisee, the Franchise Fee is not a tax? We agree with the citizens we interviewed that citizens should be clearly informed by the City about every fee or tax they pay to the City and Council Members should have a better attitude related to finding creative ways to make opportunities happen for citizens.
Kogerman - P - for suggesting a request for a study, related to what the City can do to limit excesses with future wireless antenna installations. No grade for the PEG Fee vs. Tax dispute tonight because 4 members of the City Council insisted, against the opinion of the City Attorney, that the PEG is a tax and, although it is a component of the franchisee, the Franchise Fee is not a tax? We agree with the citizens we interviewed that citizens should be clearly informed by the City about every fee or tax they pay to the City and Council Members should have a better attitude related to finding creative ways to make opportunities happen for citizens.
Lautenschleger - F - for not requesting a study tonight, related to what the City can do to limit excesses with future wireless antenna installations. No grade for the PEG Fee vs. Tax dispute tonight because 4 members of the City Council insisted, against the opinion of the City Attorney, that the PEG is a tax and, although it is a component of the franchisee, the Franchise Fee is not a tax? We agree with the citizens we interviewed that citizens should be clearly informed by the City about every fee or tax they pay to the City and Council Members should have a better attitude related to finding creative ways to make opportunities happen for citizens.
Songstad - F - for not requesting a study tonight, related to what the City can do to limit excesses with future wireless antenna installations. No grade for the PEG Fee vs. Tax dispute tonight because 4 members of the City Council insisted, against the opinion of the City Attorney, that the PEG is a tax and, although it is a component of the franchisee, the Franchise Fee is not a tax? We agree with the citizens we interviewed that citizens should be clearly informed by the City about every fee or tax they pay to the City and Council Members should have a better attitude related to finding creative ways to make opportunities happen for citizens.
City Manager - Nothing
INFORMATION, COMMENTS QUESTIONS and CONCERNS from Watch Dog Readers:
About the planned widening of Paseo de Valencia
Anonymous said...
Why is Paseo de Valencia suddenly being widened on the East Side only and why does the City announce that before consulting residents?
*** There will be a SPECIAL PUBLIC INFORMATION MEETING regarding the WIDENING of PASEO de VALENCIA on the LAGUNA HILLS SIDE of the road in the City Council Chambers at City Hall On Monday April 16, from 5 pm to 7 pm
About Overhauling the System of City Finance Audits
Anonymous said...
Hey Watch Dog, Have you seen this??? http://taxdollars.ocregister.com/2012/03/22/would-you-know-if-your-city-pulled-fiscal-wool-over-your-eyes/150007/
Would you know if your city pulled fiscal wool over your eyes?
March 22nd, 2012, 9:40 pm · · posted by Teri Sforza, Register staff writer
The eggheads who pour over the ledgers of Orange County’s cities and special districts are paid more than $1 million every year to poke around the public money pots, and issue what almost always are squeaky-clean bills of fiscal health. Jim
Anonymous said...
City of Laguna Niguel has overhauled their system of Audits of City Finances by adding more layers, checking resolutions against what city staff actually receives and against car allowances, bonuses, and including citizens in their audit process, etc. The Mayor and Mayor Pro-Tem Communicate with the auditors to make it harder for staff to bury anything and they have a turnover on their City Council to help keep things honest. Our City needs to take a cue from them. This lack of change on the council and the council delegating everything to the City Manager is not good. http://taxdollars.ocregister.com/2012/03/29/secrets-surprises-help-keep-city-on-financial-toes/151651/
About Sidewalk Safety Issues at Valencia Elem. School
Anonymous said...
I absolutely do not believe that Valencia Elem. School does not have money to trim the shrubs that are spilling onto the sidewalk or to clean up that slope. Shame on them.
About the Traffic Commission not holding a scheduled meeting.
Anonymous said...
The Traffic Commission and the Parks and Recreation Commissions are tools for residents and definitely should meet at every scheduled meeting. 2 months is a ridiculously long waiting time already.
About the chronic traffic backups on La Paz near the I-5 interchange
Anonymous said...
Lautenschleger is right about this, La Paz is a backed up mess all the time now. Why is it that every time the City tries to improve the roads it makes things worse?
Council Member Kogerman named Gadfly of the Year
Anonymous said...
Barbara Kogerman, Gadfly of the Year. If you haven't seen this article, here's the link: http://www.ocweekly.com/bestof/2011/award/best-gadfly-1144297/
For those of you who think the term "gadfly" is pejorative, here's the explanation I found:
"In modern and local politics, gadfly is a term used to describe someone who persistently challenges people in positions of power, the status quo or a popular position.[3] For example, Morris Kline wrote "There is a function for the gadfly who poses questions that many specialists would like to overlook. Polemics are healthy."[4] Oxford University professor Bent Flyvbjerg has talked about "gadfly social science," emphasizing a key role for social science in identifying and challenging the abuse of power, whoever the perpetrator and whoever the victim [5] The word may be uttered in a pejorative sense, while at the same time be accepted as a description of honourable work or civic duty.[6]"
Laguna Hills - one of only 2 cities in Orange County that doesn't share well?
Anonymous said...
How badly has the Laguna Hills City Council treated Barbara Kogerman?
On Dec. 13, 2011, the Laguna Hills Watch Dog gave Laguna Hills City Council Members, Lautenschleger, Songstad, Carruth and Bressette grades of "F" for ignoring the will of the voters by refusing to vote for the top rated vote getter from the Laguna Hills 2010 City Council Election for either Mayor or Mayor Pro-Tem in 2011 and in 2012. Of the 19 cities in Orange County that rotate the positions of Mayor and Mayor Pro Tem among their City Council Members (rather than directly electing their Mayor), only 2 cities refused to select as Mayor or Mayor Pro-Tem their 2010-elected Council Member who was the top vote-getter - Laguna Hills and Los Alamitos .
Some of the 17 remaining Orange County Cities even selected second-or third-ranked 2010 election getters as Mayor or Mayor Pro Tem.
The 19 cities in Orange County that rotate the positions of Mayor and Mayor Pro Tem among their City Council Members (rather than directly electing their Mayor) are Brea, Buena Park, Costa Mesa, Dana Point, Fountain Valley, Fullerton, Laguna Hills, La Habra, Lake Forest, La Palma, Los Alamitos, Mission Viejo, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Tustin, Villa Park and Yorba Linda.
WIN WIN Wednesdays!! is an ongoing series of restaurant fundraisers, a project of the Laguna Hills High School PTSA. Students, their families and members of the general community dine out for a great meals, and in return the restaurants donate a percentage of their proceeds to the LHHS PTSA. It's good for us AND it's good for local restaurants, hence the concept of WIN-WIN.
Year long fundraising projects like Win-Win Wednesdays allow the PTSA to fund many worthwhile programs such as "Every 15 Minutes" (a vividly realistic drunk driving prevention presentation), the Award Winning "I Can Make a Difference" program and the Safe and Sober all night "Grad Night" party that Keeps our kids not only safe but in Laguna Hills and on campus continuing a 23 year tradition that makes us HAWK Proud! ** For Weekly Flyers Schedule go to our web site at www.WinWinWednesdays.com
** Bring the WWW!! flyer to these participating restaurants on these dates and a portion of the proceeds will be donated to the LHHS PTSA or now you can sign up for an e-blast at WinWinWednesdays@gmail.com to have the weekly schedule and flyers for Win-Win-Wednesdays e-mailed to you.
April 18 - Hot off the Grill - LH - 7 am to 10 pm
April 25 - King's Fish House - LH - 11 am to 9 pm
May 2 - Quiznos - LH - 11 am to 9 pm
** Be sure to "LIKE" us on Facebook to help spread the word and Don't forget to see our "WWW Everyday" Partners like Its a Grind Coffee House, Alpha Cleaners and Golden Baked Hams on our web site. Bring the flyers for these everyday partners and Support the businesses that support us!
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/
*** The Laguna Hills Adopted 3/5 Marines support group, Team Dark Horse, needs donated items for the 4th annual LHHS SWAP MEET on Saturday April 21 at Laguna Hills High School. This is a Community Swap Meet for the school. It raises funds for all the school activities and funds for Team Dark Horse to use to Support our City's Adopted 3/5 Marines at Camp Pendleton. **Please help the Marines and/or the High School by bringing all your donated items to the High School before 6:45 am on Sat. April 21 for the high school groups and the Laguna Hills Adopted 3/5 Marines. All funds raised go directly to the High School Groups and to the Marines. For more information you can contact Micki Zettel at gezette@msn.com or Dick Nagle at rnagle74@cox.net
**Go to the Team Dark Horse web site at http://teamdarkhorse.org/ to see how your donations are helping.
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
NEWS STORIES AND BLOGS ABOUT LAGUNA HILLS: Click on the links below to see the stories.
OC among worst for alcohol fueled crashes
Fullerton and Laguna Hills had the worst rates of crashes that involved underage drinkers
Read more at: http://www.ocregister.com/articles/cities-348774-crashes-among.html
New Reports with 2011 Statistics for the 70 year old Orange County Animal Shelter that Laguna Hills still uses for it's citizens
Fewer Animals Killed at OC animal shelter in 2011http://www.ocregister.com/articles/fewer-338291-killed-shelter.html?pic=1
Total euthanasia rate of 53%. Fewer were killed in 2011 because fewer were impounded at the County Animal Shelter in 2011. January 31, 2012 Teri Sfzora
Three out of four cats still don't leave shelter alive http://taxdollars.ocregister.com/2012/02/16/three-out-of-four-cats-still-dont-leave-shelter-alive/148403/ Teri Sforza OC Watchdog
Kill Rate for Cats at the OC Animal Shelter in 2011 was 74% and only 17% adopted, down from 19% in 2010
Euthanasia Rate Stuck at Nearly 50% at O.C. Animal Care http://ranchosantamargarita.patch.com/articles/shelter-euthanizes-fewer-animals-in-2011 County Shelter finally admits killing animal for space in this story.
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 battle http://www.ocregister.com/news/city-303262-kogerman-channing.html
Councilwoman: Public pay report inaccurate, self serving http://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 writer http://taxdollars.ocregister.com/2011/03/21/after-attacks-city-manager-compensation-sleuths-win-state-award/78545/#comment-139633
Click on http://www.publicceo.com/ for more of this story.
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
February 14, 2012 - Mayor Pro-Tem Lautenschleger said, about concerns from grandparents regarding exhaust fumes from Alicia Pkwy. blowing onto the sports field at the Community Center - "The prevailing wind is always off the ocean blowing East so it's blowing from the soccer fields onto Alicia and across that way."
Another fact checking problem. The Santa Ana Winds which are most common from October through March blow from the East to the West - from Alicia Pkwy. and Paseo de Valencia right on to that sports field.
November 27, 2011 - Regarding the ordinance establishing parks as “Child Safety Zones, Council Member Joel Lautenschleger stated, “Let's make one thing perfectly clear, there have been no sex crimes against children in the City since we incorporated."
Should have done some fact checking before speaking so boldly, Mr. Lautenschleger. According to information from the OC Sheriff's Dept. there have been 32 child molests in Laguna Hills in the past 11 years. Everyone is entitled to their own opinion but not their own facts.
January 10, 2012 - Council Member Songstad said, "I find it interesting that we are in a discussion where we are being asked to provide less information rather than more information, I thought transparency was all about providing more information."
To clarify for Council Member Songstad "Transparency" is not simply an amount of information - Merriam-Webster Dictionary (Transparency) - free from pretense or deceit, easily detected or seen through, obvious, readily understood, characterized by visibility or accessibility of information. Wikipedia (Transparency Behavior) - Transparency is operating in such a way that it is easy for others to see what actions are performed. All organizations have a transparency culture, but few have a culture of transparency, i.e., a culture of being aware of transparency and incorporating it routinely into how things are done.
October 11, 2011 - Regarding Intent to Vacate Public Service Easements (Tree Pockets) along Paseo de Valencia and between Alicia and La Paz. Mayor Songstad concluded with, "Alright its been moved and seconded. Everybody understand what the action is here? We're setting a public hearing, blah, blah, blah. All in favor"
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 20 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 2012 with 19 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
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