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