Laguna Hills Watch Dog
Laguna Hills City Council Meeting - July 9, 2013
SPECIAL ANNOUNCEMENTS
(** Editor's Note For the past 3 years the City of Laguna Hills has had problems with their 4th of July Fireworks Displays. We looked back through our previous reports, did a little investigating and found that the vendors used for the fireworks displays for the last 3 years by Laguna Hills were:
2011 Pyro Spectaculars, Inc - Cost to the city of $24,675 was announced at the May 10, 2011 council meeting.
2012 Pyro Engineering - Cost to the city of $24,000 was announced at the April 10, 2012 council meeting.
2013 Pyro Engineering - Cost to the city of $24,500 was announced at the May 14, 2013 council meeting.
We also found this Internet link: http://www.pyrouniverse.com/forum/showthread.php/31259-Bay-Fireworks-Pyro-Engineering-Inc that connected Pyro-Engineering and Bay Fireworks. On Saturday morning we read in the OC Register Newspaper http://www.ocregister.com/articles/fireworks-515845-city-people.html
that Bay Fireworks was named as the vendor that "put on the fireworks" in Laguna Hills. Bay Fireworks was also named as the vendor that put on the faulty fireworks show in San Juan Capistrano this year as well as the Simi Valley fire works display that reportedly shot pyrotechnics into the crowd. ** We have worked with David Reynolds, Director and Dan Meehan, Superintendent of the Laguna Hills Community Services Dept. and found them both to be first rate as people and as city employees as well as exceptionally hard working. Laguna Hills contract with the vendor calls for a recoup of all costs if the show has a gap of more than 15 minutes.
***PLEASE SEE Item 4.2 BELOW UNDER - "Items Pulled from the Consent Calendar for Discussion" - for a report from the Fire Marshall of what actually did happen at the July 4th Fireworks Display in Laguna Hills and what happens now to the money the city paid for the fireworks.
What's On Your Mind? Meet with your Mayor, Barbara Kogerman, and Share your Questions/Concerns on Saturday Mornings has been suspended until September but should be back in Sept. in the Southern Part of the City. We will keep you posted
** YOU CAN LISTEN TO YOUR MAYOR, Barbara Kogerman. ON FM RADIO- KSBR (88.50). She is being interviewed the day before and the day after each City Council Meeting by Dawn Kamber of Saddleback Community College's FM radio station. The interviews will be played in 30-second spots, every hour and half-hour from 6 am through 9 am on the day of and two days after the council meetings. Their regular programming throughout this time is easy-listening jazz.
** Please Consider Attending a Council Meeting to express your opinion on items of interest to you or just to observe. Citizen Alerts/HEADLINES for future City Council Meetings will be listed on this blog site within 4 days prior to a meeting.
Laguna Hills City Council Meeting - FEATURES DIRECTORY
** Closed Session - None
** Presentations and Proclamations:
Item 1.1 - Recognition of Annie Pankowski, LH Resident Named to US Women's Hockey National Team
Item 1.2 - OC Transportation Authority update on the I-5 widening Improvement Project from SR-73 to El Toro Rd. A disappointing presentation points to unlikely possibility of Sound Wall across Aliso Creek but possibility for increased sound wall protection in another area of Laguna Hills.
LHHS Student Liaison Report from Kerstyn Gonzales coming in the Fall -
COMING ATTRACTIONS at LHHS including HAWKS SUMMER COOKING CLASSES
** Public Comments - Report of chronic disturbances to a neighbor from the Via Lomas residential area.
** Consent Calendar - Warrant Register - $410,141.64
** Items of Interest from the Warrant Register - check to Pyro Engineering for $12,250.00 for the 4th of July Fireworks Display.
Plus good things to note!!
1. $33,856.00 to Age Well Senior Services - via Pass through Grant from City of Laguna Hills
2. $950.00 to CA. Yellow Cab Dial a Taxi Senior Transportation Program - Use of this program is increasing!!
** Items Pulled from the Warrant Register - check to Pyro Engineering for $12,250.00 for the 4th of July Fireworks Display removed from the Warrant Register by City Manager
** Items of Interest from the Consent Calendar:
Item 4.3 - RESOLUTION ESTABLISHING EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM
Item 4.4 - REQUEST for AUTHORIZATION TO LEASE NEW CITY VEHICLE for ASSISTANT CITY MANAGER DON WHITE was returned to the City Manager.
Item 4.5 - ADOPTION OF THE 2013-14 CIVIC CENTER/CITY HALL BUDGET
Item 4.6 - APPROVE PROPOSED DECREASED RENTAL RATE LEASE AGREEMENT FOR CITY HALL/CIVIC CENTER
Item 4.7 - SOLID WASTE AND RECYCLING AGREEMENT WITH ECONOMICS, INC.
Item 4.8 - CONTRACT CHANGE ORDER IN THE NET AMOUNT OF $3,300.00 AND
FINAL PROGRESS PAYMENT, FOR CIVIC CENTER SUITE 100B IMPROVEMENTS - $17,740.56
Item 4.9 - APPLICATION FOR THE CYCLE 6 HIGHWAY SAFETY IMPROVEMENT PROGRAM - SAFE ROUTES TO SCHOOL
Item 4.10 - CONTRACT CHANGE ORDER FOR CIVIC CENTER/CITY HALL IMPROVEMENTS - CARPETING & FLOORING - $32,297.18
Item 4.11 - FY 2013-2014 TRAUMA INTERVENTION PROGRAM AGREEMENT
Item 4.12 - FY 2013-2014 SCHOOL CROSSING GUARD AGREEMENT
Item 4.13 - APPROVE RENTAL RATE LICENSE AGREEMENT FOR THE USE OF CITY HALL/CIVIC CENTER, SUITE 220
** Items pulled from the Consent Calendar pulled for discussion - Item 4.2 re. refund for fireworks, 4.4 re. new car for Assist. City Manager, 4.9 re. Grant Application for Safe Routes to School, 4.10 re. slab moisture under carpet at City Hall and 4.11 re. Council Member Melody Carruth's objection to paying for (TIP)-Trauma Intervention Program for Laguna Hills.
** City Council/Planning Agency Public Hearings - Item 5.5.1 - REQUEST TO SUBDIVIDE CABOT TOWN CENTER PROPERTY with Council Member Carruth looking toward changing the signage.
** City Council Public Hearings - RECEIPT OF 2013 WEED ABATEMENT COST REPORT
** Administrative Reports:
Item 7.1.1 - CITY MANAGEMENT STAFF REQUESTS FOR RAISES AND ADDITIONAL BENEFITS - The City Manager and Assistant City Manager are included as recipients of these increases in compensation and benefits in addition to the compensation and benefits they receive through their contracts with the city.
Item 7.2.1 - APPROVAL OF THE PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE LA PAZ OPEN SPACE IMPROVEMENTS, MOULTON PARKWAY TO ALAMEDA AVENUE - Discussion of Horse Corral at "The Village at Nellie Gail Ranch" raised a Stink over Horse Manure!
** Matters Agendized and Presented by Council Members and Mayor- None
** City Council Member Comments - Wedding Anniversary Blount, Gilbert proud of collogues this time, Bressette happy with discussion re. compensation for management, Carruth multi subject comments, Kogerman looking to establish better City recognition of Veteran's Day.
** City Council Members Report Card - How did they score?
** Information, Comments, Questions, Concerns from LH Watch Dog Readers from the previous blog post
** PLUS ***WIN-WIN-WEDNESDAY'S SCHEDULE OF RESTAURANTS
** You can place comments in the "COMMENTS" section at the bottom of this blog report and see comments there from others and you can send comments toBlandMJ@aol.com Your name will not be used in the comments section unless you give permission
** HOW TO SUPPORT OUR 3/5 ADOPTED MARINES and UPDATES FROM - TEAM DARK HORSE - ** See 2 special messages to Laguna Hills below from 3/5 Marines, Wounded Warrior Capt. Cameron West and Corporal Travis Haggerty, after an extraordinary Laguna Hills Memorial Day this year and be sure to attend the City's 4th of July Celebration to see the Marines and their equipment and talk with them.
** NEWS STORIES and BLOGS ABOUT LAGUNA HILLS - find more in the OC Register online under "City-by-City News" - "Laguna Hills" and in the OC Watchdog ** Be sure to see the GREAT NEW IN DEPTH OC REGISTER NEWSPAPER STORY from Megan Nicolai, our Laguna Hills Reporter, on the Laguna Hills' Mall history and plans for the future at http://www.ocregister.com/articles/mall-516142-hills-laguna.html
** FIND the CRIME IN YOUR NEIGHBORHOOD - Look at Crime Reports for your Neighborhood at OC Sheriff's Blotter- http://ws.ocsd.org/Blotter/BlotterSearch.aspx
You can contact the Sheriff's Dispatch by phone at 949-425-1800.
** WRITE A LETTER TO THE EDITOR of the ORANGE COUNTY REGISTER
Laguna Hills City Council Meeting - July 9, 2013
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
CLOSED SESSION - None **Congratulations to Mayor Barbara Kogerman, who suggested this "Closed Session" change, and to the new Council Members who changed the order of the council meetings to place "Closed Sessions" 1st rather than last on the Agenda. This significantly increases transparency for Laguna Hills Citizens and allows for Public Comments as well as a report to the citizens, from each Closed Session, during the regular time period for City Council Meetings.
PRESENTATIONS and PROCLAMATIONS:
Item 1.1 - Mayor Barbara Kogerman recognized Annie Pankowski, a resident of Laguna Hills, was recently named to the U.S. Women’s Hockey National Team with congratulations from the City and a Certificate of Recognition for her accomplishments! This 18-year-old woman was the only Californian named to the squad, and the second-youngest overall on the 25-woman roster chosen from 41 hopefuls. She was a member of the Anaheim Ducks Junior Hockey Program and a 2 time winner of the women's under 18 select squad. One of the 13 forwards, the team will be trimmed to 21 players in December in advance of the 2014 Winter Olympics in Sochi, Russia, to be held February 7-23. Annie Pankowski and her teammates will enter a residency program in early September and will primarily train at The Edge Sports Center in Bedord, Massachusetts. The final 2014 U.S. Olympic Women’s Ice Hockey Team will be announced in late December 2013. Annie also won a silver medal at the 2012 World Championships as a member of Team USA. Annie accepted congratulations from her home City quietly with a humble smile and a lot of applause from the audience. Mayor Kogerman encouraged her with, "Get used to the Paparazzi!" GO ANNIE! We are all so proud of you!!!
Item 1.2 - Orange County Transportation Authority presented the City Council with an update on the I-5 widening Improvement Project from SR-73 to El Toro Rd.
Hamid Torkamanha, Project Manager, Highway Project Delivery, gave a Power Point presentation on the status of this project. (** Editor's Note - This was the 2nd presentation to the council on this subject and was lengthy, as well as difficult to hear and understand. For more information on this subject you can try listening to the audio of this presentation on the city web site, and we were given these 2 links in the power point presentation, www.octa.net/15ELTORO and www.facebook.com/OC15SouthCounty neither of which worked for us? )
We were able to get some general information about the purpose of the project from http://octa.net/Freeways-and-Streets/I-5-SR-73-to-El-Toro-Road/I-5,-SR-73-to-El-Toro-Road/?terms=El%20Toro that we outlined for you below:
OCTA, in association with the California Department of Transportation (Caltrans), the City of Lake Forest, the City of Laguna Hills, the City of Laguna Niguel, and the City of Mission Viejo, is proposing to widen I-5 between SR-73 and El Toro Road.
The project purpose for this $560 million 6.5 mile project is to:
•Increase capacity and operations within the project limits
•Provide extension of the HOV network within a portion of the project limits to increase capacity
•Improve merging/diverging from freeway ramps and improve ramp intersections where needed
•Improve existing auxiliary lanes where needed to improve weaving operations.
Currently, 358,000 motorists travel on the I-5 between SR-73 and El Toro Road daily. Projected traffic volumes anticipate a 25 percent increase by 2045, bringing the total to 448,000 motorists per day.
The proposed project will add general purpose lanes in each direction on I-5 between Avery Parkway and Alicia Parkway, extend the 2nd HOV lane from Alicia Parkway to El Toro Road, reestablish existing auxiliary lanes and construct new auxiliary lanes, and improve several existing on- and off-ramps. Additionally, the project proposes to remove the HOV buffer to accommodate continuous access to the HOV lane throughout the project limits. The project is currently in the environmental phase. A public hearing is expected to be held in Summer 2013.
The tentative schedule for the project moving forward is:
Preliminary Design/Environmental Studies/Project Approval Fall 2011 to Early 2014
Final Design/Right-of-Way Process - Early 2014 to 2017
Construction - 2018 to 2022
The primary discussion, at this meeting boiled down to the possibility of receiving Sound Walls for Laguna Hills Residents through OCTA. Ken Rosenfield, Public Services Director was able to clarify for us that although they are calling it preliminary, they are essentially finished and there was no proposed sound wall across Aliso Creek. Ken clarified that this Sound Wall number 175 was noted to be Feasible under OCTA standards in that it would meet Standards for a 5 decibel noise reduction but Not Reasonable under OCTA standards because it would be too costly and would serve too few people. Ken noted that in the past OCTA partnered with the city to help find an offsite sound wall that serves the homeowners North of Alicia Pkwy. Ken said we will have those discussions with OCTA again on this project but for now they are constrained by the right of way limits of Caltrans. Ken emphasized it is NOT EXPECTED that a sound wall will be proposed across the Aliso Creek opening. He noted that some homes south of Alicia and north of La Paz already have a 6 foot sound wall that needs to be replaced by a taller wall related to this widening project, so if this information holds up through the complete analysis, those homeowners are likely to get some increased sound wall protection.
Mayor Pro-Tem Blount commented that the current La Paz undercrossing is terrible and requested some type of 3D visual representation of what the new one will look like and how it would function for traffic. He was told there will be more explanation to come. Ken also noted there will be a Public Hearing at the Mission Viejo Community Center with a specific date to be determined in August.
LHHS Student Liaison Report from LHHS - No more reports until the Fall Semester begins with our next student liaison Kerstyn Gonzales ** To Subscribe to Hawk Happenings: http://www.svusd.k12.ca.us/schools/lhhs/subscriptions.html
COMING ATTRACTIONS FROM LHHS:
1. HAWKS SUMMER COOKING CLASSES for the Public ready to begin and guest chefs are providing 2 hour cooking classes in the LHHS state of the art 8 station $200,000 culinary arts kitchen, for the Public, on Wednesdays from July 10 through August the 14th, $50 per person, open to all the public.
Guest Chefs will be as follows:
July 17 - Mrs. Scagilone, LHHS Faculty Member with Scampi, Risotto, Caprese Salad
July 24 - Wayne Irving from Text Kills and Iconosys with Sandwich Duo, Ultimate Meatloaf Sandwich
July 31 - Lino Garriz, LULU's French Craperie in Laguna Hills with Sweet and Savory Crapes
August 7 - Leo Razo from Villa Roma Restaurant in Laguna Hills with Argentine/Italian Cuisine
August 14 - Rachel Hwang-Dolak, LHHS Faculty Member with Spring Rolls and Potstickers.
**For additional information contact Meg Gorham at luv8xn@aol.com or HAWKitchen@gmail.com
2. SEE the WIN-WIN-WEDNESDAY web site at http://www.winwinwednesdays.com/
for a complete list of local dining establishments for every Wednesday that will give back a part of the proceeds from your meals to LHHS when you download the flyer for the current restaurant from the web site and present it to the restaurant. This continues all year long!!
3. The "EVERY 15 MINUTES" program is coming to LHHS again in the Fall. This is done every 2 years and is a mock drunk driving accident where students from LHHS are acting out the parts in vivid detail including deaths and going to jail, etc.
4. The HAWK CHALLANGE is coming in the Fall on Veteran's Day to raise funds for LHHS.
PUBLIC COMMENTS - Ms. Whites, Laguna Hills Resident said she and her friend live above the Via Lomas area and have chronic problems with loud parties, yelling and screaming during the night when they are trying to sleep. She said the Police come out but it took 5 phone calls a week ago to get them to come. She said the Fire Inspector responded rapidly to the recent fire in that area plus illegal fireworks were being shot off during early morning hours. She thanked the fire inspector. There is repeated graffiti and barking dogs, continuous problems with seemingly no solutions. Animal Control has not been effective. She said she has also tried the management company. She asked for some assistance from the city with all of these problems that are getting worse over time. Ms. Whites was referred by the Mayor to the Community Development Director, Mr. Chantarangsu who is in charge of code enforcement. She was also referred to Police Chief Behrens, when he returns.
CONSENT CALENDAR - Warrant Register = $410,141.64
Items of interest from the Warrant Register:
1. check # 8805628 to Pyro Engineering for $12,250.00 for the 4th of July Fireworks Display
2. $33,856.00 to Age Well Senior Services - via Pass through grant from City of Laguna Hills
3. $950.00 to CA. Yellow Cab Dial a Taxi Senior Transportation Program - Use of this program is increasing!!
Items of interest pulled from the Warrant Register for discussion - check # 8805628 to Pyro Engineering for $12,250.00 for the 4th of July Fireworks Display was pulled by the City Manager.
Consent Calendar Items:
Item 4.3 A RESOLUTION ESTABLISHING EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM AS SET FORTH IN SECTION 414(H)(2) OF THE INTERNAL REVENUE CODE (IRC) AND RESCINDING RESOLUTION NO. 2008-12-09-5
Under the terms of the Memorandum of Understanding (MOU) with the Laguna Hills City Employees Association (LHCEA), beginning July 1, 2013, LHCEA represented employees shall pay .075% toward the City’s normal cost rate of its pension program with CalPERS. Under Resolution No. 2008-12-09-5, which implemented IRC Section 414(h)(2), Section 5 states “that the amount of the contribution designated as employee contributions and paid by the City to CalPERS on behalf of an employee shall be the entire contribution required of the employee.” Since the terms of the MOU will require represented employees to begin paying a portion of the City’s normal cost rate, it is necessary for the City Council to rescind Resolution No. 2008-12-09-5 and adopt the attached Resolution, to mirror the terms of the MOU. Fiscal Impact - None
Item 4.4 - AUTHORIZATION TO LEASE CITY VEHICLE For the Assistant City Manager - The lease of a city vehicle was included in the Biennial Budget for FY 2013/14 – 2014/15.
The City Council is requested to authorize the commencement of the leasing process at this time. Upon approval, the Purchasing Officer will initiate the acquisition process, pursuant to Chapter 3-08.130 of the Laguna Hills Municipal Code. Once acquired, the leased city vehicle will replace the 2005 Ford Explorer currently assigned to the Assistant City Manager.
(** Editor's Note - the staff report does not state the cost of this vehicle. We know the value of the new car exceeds $20,000 and there is no trade in because the report states the Assist. City Manager's previous car will be added to the City's vehicle Pool. The report states, "The Biennial Budget for FY 2013/14 – 2014/15 includes funding for the lease of a new vehicle to be assigned to the Assistant City Manager: $6,065 in FY 2013/14, and $5,220 in FY 2014/15. These estimates were based on a thirty six (36) month lease of a Mazda model CX-9 or equivalent model." but never provides a total cost/lease expense. We question why it is that the taxpayers are still getting incomplete information on things like this? Why not just tell us what the cost will be for this leased vehicle if leased for the 36 month period that the city estimates?
BACKGROUND:
The City Council amended the City’s purchasing procedures by the adoption of Ordinance No. 2011-1 on February 22, 2011. One of the revisions to the purchasing procedures was the addition of a new requirement to seek City Council authorization prior to beginning the procurement process for the purchase of any vehicle with a value greater that twenty thousand ($20,000). The new Chapter reads as follows: “3-08.130 Vehicle purchases. Any vehicle(s) with an estimated value greater than twenty thousand dollars ($20,000.00) to be purchased by the city shall be approved in advance by the City Council prior to commencement of the procurement process.”
The Biennial Budget for FY 2013/14 – 2014/15 includes funding for the lease of a new vehicle to be assigned to the Assistant City Manager: $6,065 in FY 2013/14, and $5,220 in FY 2014/15. These estimates were based on a thirty six (36) month lease of a Mazda model CX-9 or equivalent model. After acquisition of the new leased vehicle, the 2005 Ford Explorer will be added to the City’s current fleet of pool vehicles.
FISCAL IMPACT: The lease of this City vehicle was included in the Biennial Budget for FY 2013/14-2014/15. The estimated cost of this proposed lease is within budget. (We believe taxpayers would still like to know the full amount whether it's within the budget or not!)
Item 4.5 - ADOPTION OF THE 2013-14 CIVIC CENTER BUDGET
SUMMARY: Prior to this City Council meeting, the Civic Center Management Committee reviewed the proposed 2013-14 Civic Center Budget. If any amendments are made to the proposed budget by the Committee, the item will be pulled from the Consent Calendar for discussion. The budget projects net operating income of $62,838 and an overall positive net impact on the General Fund of $252,183.
• Suite 100 will remain vacant.
• Suite 201 will lease up effective January 1, 2014.
• Suite 205 will remain vacant.
• Suite 220 will lease up effective September 1, 2013.
FISCAL IMPACT:
The budget projects net operating income of $62,838 and an overall positive net impact on the General Fund of $252,183. Even so, the budgeted net cash flow is a negative (-$46,049) resulting from $181,475 in one-time capital expenditures. Staff will closely monitor this situation and inform the Civic Center Committee should it become necessary to request a contribution from the City’s General Fund.
Item 4.6 - APPROVE PROPOSED LEASE AGREEMENT FOR 24031 EL TORO ROAD, SUITE 260, LAGUNA HILLS, CALIFORNIA, WITH THE LAW OFFICES OF RICK J. FINELLI, LLP
Their current 8-year lease term began on June 1, 2007 and will expire on May 31, 2015. There are two years left on the lease and their current rental rate is $2.70 per square foot. The City’s current asking rate is $1.95. The City was approached by the tenant who wanted to renegotiate their current rent down closer to market. Staff agreed as long as they would commit to a new 7-year term.
FISCAL IMPACT: This lease will generate $517,444 in rental income over the next seven years. Accounting for upfront costs, including $37,749 in abated rental income over the next two years, and utilizing a discount rate of 12%, the net present value on this lease is $208,375.
Item 4.7 - SOLID WASTE AND RECYCLING CONSULTING SERVICES AGREEMENT WITH ECONOMICS, INC., FOR THE TWO YEAR BUDGET CYCLE FISCAL IMPACT: - There is no impact to the City’s General Fund for payment of EcoNomics’ services because the City’s Recycling Funds account for these types of expenses.
Item 4.8 - CONTRACT CHANGE ORDER NO. 1, IN THE NET AMOUNT OF $3,300.00 AND PROGRESS PAYMENT NO. 2, FINAL, FOR CIVIC CENTER SUITE 100B IMPROVEMENTS IN THE NET AMOUNT OF $17,740.56
Item 4.9 - APPLICATION FOR THE CYCLE 6 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP), SAFE ROUTES TO SCHOOL
Caltrans announced the Highway Safety Improvement Program (HSIP) Cycle 6 Call for Projects on April 29, 2013. Grant applications are due on July 26, 2013. The program funds projects that aim to reduce traffic fatalities and serious injuries on all public roads. Funding in HSIP includes the “Safe Routes to School” program. Staff has prepared a grant application to partially fund the widening of proposed sidewalk expansion project along La Paz Road, CIP No. 171. Approval of the grant application is recommended. The proposed project includes widening the existing four feet wide sidewalk to eight feet wide arterial highway sidewalk standards. The sidewalk will be designed per Americans with Disability Act (ADA) standards along the north side of La Paz Road, from Paseo De Valencia to Grissom Road, and along the south side of La Paz Road, from Paseo De Valencia to Champlain Road (project limits).
FISCAL IMPACT: Right of Way along the north side of La Paz Road from private residences and from Valencia Elementary School on the south side will cost approximately $100,000. Project design costs will be approximately $75,000. Both of the aforementioned project costs are proposed to be funded by the City. The grant amount requested in the funding application is $351,000, which is 90% of the estimated construction cost of $390,000.
Item 4.10 - CONTRACT CHANGE ORDER NO. 1 FOR CIVIC CENTER IMPROVEMENTS - CARPETING & FLOORING
FISCAL IMPACT: Contract Change Order No. 1, attached, details the additional project costs in the total amount of $32,297.18. These costs consist of a $1269.00 additional charge for changing one of the carpet selections and a $31,028.18 additional expense to resolve the slab moisture issue.
Item 4.11 - FY 2013-2014 TRAUMA INTERVENTION PROGRAM AGREEMENT
The City of Laguna Hills has given financial support to the Trauma Intervention Programs, Inc. (TIP) since June 24, 1997. The services provided by TIP are invaluable to victims of traumatic events and their families that live in, or are visitors to the City. TIP counselors also offer valuable assistance to our Public Safety Officers when needed. This arrangement remains both effective and cost efficient. The Agreement will provide the City with TIP services 24-hours a day for the year.
FISCAL IMPACT: The total cost of the service is $3,641.28, which equates to $.12 per capita based on the 2010 City population estimate of 30,344 from the 2010 United States Census Report. The cost per capita did not increase over last year and is within the amount budgeted for FY 2013-2014.
Item 4.12 - FY 2013-2014 SCHOOL CROSSING GUARD AGREEMENT
SUMMARY: Since 1994, the City of Laguna Hills has contracted with All City Management Services to provide six (6) crossing guards at five (4) locations throughout the City. All City Management Services has continued to be a reliable and cost effective method of providing this needed service. Staff recommends the City Council continue the current level of service provided in the Agreement for FY 2013-2014.
FISCAL IMPACT: The projected number of hours for crossing guard services this year, including summer school, is four thousand, three hundred and twenty (4,320) hours. The contract cost for FY 2013-2014 shall not exceed sixty-three thousand and seventy-two dollars ($63,072). The proposal includes no cost increase over the FY 2012-2013 agreement.
Item 4.13 - APPROVE ACCOMMODATION LICENSE AGREEMENT FOR THE USE OF 24031 EL TORO ROAD, SUITE 220, LAGUNA HILLS, CALIFORNIA, WITH VILMA M. AARONS AND GENEVIEVE WALLS
This Accommodation License Agreement is month to- month and is intended to be utilized while tenant improvements are completed in Suite 200. The tenant will pay the City the same monthly rent that would be due on Suite 200. FISCAL IMPACT: The monthly rent for this agreement is $2,869.35.
** Items Pulled from the Consent Calendar for Discussion:
Item 4.2 (WARRANT REGISTER)
Item 4.4 (AUTHORIZATION TO LEASE CITY VEHICLE) were removed by Council Member Bressette.
Item 4.9 (APPLICATION FOR THE CYCLE 6 HIGHWAY SAFETY IMPROVEMENT PROGRAM - SAFE ROUTES TO SCHOOL) was removed by Mayor Kogerman.
Item 4.10 (CONTRACT CHANGE ORDER NO. 1 FOR CIVIC CENTER IMPROVEMENTS - CARPETING & FLOORING) and
Item 4.11 (FY 2013-2014 TRAUMA INTERVENTION PROGRAM AGREEMENT) were removed by Council Member Carruth.
**Plus there was a revision in the wording of Item 4.3
VOTE - The balance of the Consent Calendar was passed 5-0
Item 4.2 - Check # 8805628 to Pyro Engineering for $12,250.00 for the 4th of July Fireworks Display was pulled by the City Manager who said this was the 2nd payment to this company so he directed that the warrant for his payment Not be issued. Channing said he invited the Fire Marshall Dave Montgomery and Mr. Newman, a Rep. from Pyro Engineering AKA Bay Fireworks to answer questions related to the fireworks display problems on July 4. Dan Meehan, Community Services Superintendent, offered that he had received a message just after 7:00 from Mr. Newman saying he was not going to be able to attend. Fire Marshall Dave Montgomery explained that they do pre testing including a test fire to ensure that everything is okay. But at 4 minutes and 50 seconds into the show he heard 3 explosions (he said he has been doing this for 23 years) and knew there was something abnormal, that the Pyrotechnicion and operators were taking on fire. At that point he decided this was too dangerous to continue. After the site settled, they visually inspected and found a lot of damage. Council Member Bressette said he visited the site and commended the Fire Marshall for stopping the show as the right thing to do. Mayor Pro-Tem Blount also thanked the Fire Marshall and noted comments such as "Somebody needs to tell the Fire Marshall the show must go on." He added we were grateful to the Fire Marshall for making the hard call to stop the show even with the disappointment that followed. The Fire Marshall explained he too was disappointed and wanted the show to go on as well, and this was an unfortunate outcome. Council Member Carruth asked if the fireworks came from China and need more regulation, etc. Fire Marshall responded that about 70% of the fireworks are manufactured in China. The State Fire Marshall is putting a task force together to investigate and look for solutions. Council Member Gilbert all thanked the Fire Marshall and asked if the Fire Marshall had any prior problems with Bay Fireworks. The Fire Marshall responded incidents happen throughout the industry so he cannot say it's Bay Fireworks as it has happened with others as well. He said there was an incident last year with Bay being the shooter but can't say it was their fault. In response to questions from Mayor Pro-Tem Blount the Fire Marshall added that he couldn't speculate on the incident in Simi Valley this year and that there are some malfunctions such as some low bursts, etc. where the show can sometimes continue. This was an explosion where the shell did not lift off and is far more dangerous. City Manager Channing asked that the council give staff direction tonight to persue reimbursement of the amount that was already paid to this fireworks company for half of the show and said that refund was confirmed in the message received from Mr. Newman to Dan Meehan. Dan Meehan read the e-mail that said a total refund would be sent to the city. Mayor Barbara Kogerman clarified that the faulty fireworks were completed unrelated to anything staff had done or had not done.
VOTE to stop further payment and recover amount already paid was passed 5 -0
Mayor Pro-Tem Blount commented that this WARRANT REGISTER (Item 4.2) contained a lot of positive things that provide some good for our community such as:
1. Our Time Management from the Memorial Day Race which was a great race
2. Our Age Well Senior Services Pass through Grant $33,856.00 to the Florence Sylvester Senior Center
3. The Rehab. amount for Aliso Meadows for $78,192
4. City Traffic Control for our Marathon Race, $13,640
Item 4.4 - AUTHORIZATION TO LEASE CITY VEHICLE for the Assistant City Manager - Council Member Bressette asked if staff analyzed the difference between leasing and purchasing the vehicle.
City Manager Channing said a thorough copmparison has not yet been made related to purchase vs. leasing. It is less expensive to buy the vehicle if it is kept for a sufficient period of time and purchased for cash. Council Member Randy Bressette added, with a lease we just lose the money at the end of 3 years and have nothing to show for it. Channing agreed and said the budget did not provide for sufficient cash to purchase a vehicle. The council asked for options for purchase. Channing said under the contract it is his choice related to the make and model of the car. Mayor Kogerman suggested staying with Mazda, if possible, related to it being a Laguna Hills Auto Dealer and being business friendly. A motion from Council Member Randy Bressette directed staff to return this item with options to purchase.
VOTE - Motion passed to return the item with options for purchase 5-0.
Item 4.9 - APPLICATION FOR THE CYCLE 6 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP), SAFE ROUTES TO SCHOOL Mayor Barbara Kogerman thanked Ken Rosenfield, Public Services Director for this grant application. VOTE this item was passed 5-0.
Item 4.10 - CONTRACT CHANGE ORDER NO. 1 FOR CIVIC CENTER IMPROVEMENTS - CARPETING & FLOORING Carruth questioned where the moisture in the floor was coming from re. an area where new carpet is to be installed. Ken Rosenfield, Public Services Director said this was thoroughly checked and the source remains undetermined. The only available solution is to seal the top of the slab. This will be monitored over time related to the condition of the carpet. VOTE - Item was passed 5 - 0
Item 4.11 - TIP FY 2013-2014 TRAUMA INTERVENTION PROGRAM AGREEMENT total cost of the service is $3,641.28 Council Member Melody Carruth said she was against paying for TIP because she was never convinced this program had been used by Laguna Hills Residents and said she thought Saddleback Medical Center should be paying for it. Council Member Bressette responded that TIP responds to tragedy and trauma survivors, relieving 1st responders and following through with needs of the survivors providing a support system. Once this goes to a hospital the TIP volunteer will remain or the case will go to a TIP volunteer with the hospital.
VOTE - Item passed 4 - 1 (no vote was Carruth)
CITY COUNCIL/PLANNING AGENCY PUBLIC HEARING
Item 5.5.1 - A REQUEST TO SUBDIVIDE THE CABOT TOWN CENTER PROPERTY INTO FOUR PARCELS AT 25214-25272 CABOT ROAD IN THE (FC) FREEWAY COMMERCIAL ZONING DISTRICT AND A REQUEST FOR A VARIANCE FROM THE MINIMUM SIDE SETBACK REQUIREMENT FOR THE EXISTING BUILDING ON PROPOSED PARCEL 2".
SUMMARY: Tentative Parcel Map/Variance No. 11-12-2428 is a request by Brenda Wright of Walden and Associates (“Applicant”), on behalf of Mouldy, LLC (“Owner”), to subdivide the Cabot Town Center property into four parcels. The property is developed as a retail shopping center use located at 25214-25272 Cabot Road, near the intersection of La Paz and Cabot Roads. The property is located in the City’s Freeway Commercial zoning district. The proposed subdivision is consistent with the General Plan’s goals and strategies and generally consistent with the City’s Development Code (“Code”). In order to approve a tentative parcel map, the City must find that the parcel map meets all of its zoning development code standards such as lot size and building setbacks. Two of the existing buildings on the property are located within a required rear setback area; however, it is believed that these buildings were legally constructed in their current locations pursuant to variances approved by the County of Orange at the time the property was developed. In
order for the property to be subdivided, a variance is requested of the City to allow one of the existing buildings to maintain a substandard side setback. Staff supports this variance request and believes the required findings for the variance can be made. Staff has reviewed this project for compliance with the California Environmental Quality Act (CEQA) and determined that this project will have no possibility of having a significant effect on the environment. Finally, conditions of approval have been added to ensure that
this project will not result in any significant and adverse impacts to the public health, safety, and general welfare.
CONCLUSION: The proposed tentative parcel map and variance will allow the Cabot Town Center property owner to subdivide the property into four parcels, which will assist them in obtaining financing for future improvements to the center. In the process, the City will receive dedication of property for public benefit. Staff has reviewed this project for compliance with the requirements of the City’s Development Code and General Plan goals and strategies and determined that, subject to approval of the proposed variance, this project is in compliance with these regulations. Therefore, approval of Tentative Parcel Map/Variance No. 11-12-2428 is warranted.
David Chantarangsu, Community Development Director who presented this issue, also noted that one important requirement of this agreement is for the entire property to retain the ability for people and cars to cover the full length of the property from one end to the other without the need to exit the property at any point to Cabot Rd. He said this would hold true even if one of more of the parcels are sold.
Council Member Melody Carruth asked if this was an opportunity for the city to change the signage here and was advised that it was not. The pole sign is legal non conforming and this can be examined if and when a new master sign program is requested.
One more condition was added to the agreement regarding CC&Rs on the advice of the City Manager with the agreement of the property owner.
VOTE- Passed 5 - 0
CITY COUNCIL PUBLIC HEARINGS
Item 6.1 - PUBLIC HEARING AND RECEIPT OF 2013 WEED ABATEMENT COST REPORTFISCAL IMPACT: The total 2013 Weed Abatement Program costs are budged in Fiscal Year 2012-2013 for $40,000.00 to cover both the abatement of private and public properties. Due to the fact that the City contractor has not performed any removal work on private parcels, there are no private weed abatement costs to be assessed by the City. Weed abatement on public parcels has proceeded in accordance with the budget.
VOTE- 5 - 0 to receive and file this report.
ADMINISTRATIVE REPORTS - Presented by the City Manager
Item 7.1.1 - EMPLOYMENT CLASSIFICATIONS, SALARY RANGES AND BENEFITS FOR MANAGEMENT, CONFIDENTIAL AND PART-TIME CLASSES OF EMPLOYMENT WITH THE CITY
SUMMARY - The proposed Resolution does not cover full-time and extended part-time employees who are members of the Laguna Hills City Employees Association. Those employees are covered by the 3 year Memorandum of Understanding, so it is necessary for the City Council to adopt a resolution that will establish salary ranges and benefits for management, confidential and part-time classes of employment, which staff has presented here.
CITY MANAGEMENT STAFF REQUESTS FOR RAISES AND ADDITIONAL BENEFITS -
** Management Staff states that it has found that since 2009, adjusting for inflation, overall management compensation has decreased significantly and over the past 3 years has saved the City a total of $347,000. Staff says management has received only on cost of living adjustment since July 2008 and the City Manager has not received a bonus since 2009. In 2011 the city council defunded the City Management Incentive Program where managers could earn up to 10% performance pay. The City changed medical Insurance programs July 1, 2011 which yielded a significant savings in insurance premiums. The former Community Development Director retired in Dec. of 2011 and the new director started at a lower salary, etc. Staff report concludes that as a percentage of the total budget management cost for the 2012-15 biennial budget are 7%. The report continues that none of the management staff is receiving the 5% above the comparator city's average as is the traditional practice of Laguna Hills. Based upon this information from staff, staff is proposing that all management staff and confidential employees receive a 3.5% increase effective July 1, 2013 + Cost of Living Allowance of 3.5% to be effective July 1, 2014 + management is asking that current management not participate in cost sharing for their CalPERS Retirement Benefit but new hires be required to pay the full 7% employee portion of the CalPERS Retirement Benefit.
(**Editor's Note - In this discussion, Assistant City Manager Don White finally mentioned PARS (Public Agency Retirement System) Retirement Benefit which is another of the Retirement System Benefits the City has been providing for its employees since 1999 but always fails to Publicly mention and was not able to be found on the city web site but cost the City $90,862.75 in FY2011/2012. Mayor Kogerman added an explanation of PARS as follows: It is important to understand that this is not an additional government pension plan, nor does it obligate the city for a future income stream for the employee. (That's the difference between a "defined contribution" and a "defined benefit" plan, such as PERS.) It is a "defined contribution" plan, in which the employer contributes 6 1/2% to a plan similar to a 401(K) or IRA for management, and 3 1/2% for some employees. The 6 1/2% (or 3 1/2%) is non taxable in the year paid into the employee's individual account, but all withdrawals are taxable when the employee elects to withdraw funds from the plan, similar to an IRA, presumably after retirement. The growth in assets within the employee's account is due entirely to the performance of the investments the employee chooses - it is self-directed, as many IRA's are, with a pool of choices such as money markets, annuities, or various mutual funds. I'm not saying this is a great deal for the taxpayers, only that it is different from PERS. I understand that it was intended to balance out the retirement of our employees with their 2% @ 60)
** Staff is also recommending that management and confidential employees be granted an additional 8 hours of holiday time to accommodate the closing of City Hall for Veteran's Day and recommending increases in salary ranges for Community Services Staff Leaders.
On the upside for taxpayers the staff report does recommend that management, confidential employees and members of the City Council begin to share in future increases in Medical insurance premiums starting Jan 1, 2014 with cost increases in premiums being shared 50/50 between city and employees up to a max. of 4% annually for employees and elected council members. (Please see details online in the staff report for this lengthy agenda item).
Council Member Questions and Comments
Council Member Melody Carruth asked how the City can stay competitive in hiring if we make new hires pay their 7% of PERS and asked about having management employees contribute to their retirement plan first. She also suggested some type of bonus incentive plan at the end of the year for employees in lieu of adding to base salaries. She added that City Managers and Assist. City Manager's who have their own contracts are not necessarily impacted by salary resolutions.
City Manager Channing responded that cities across the State are hoping to see all of their employees contributing their share of their retirement cost. About current management contributing to their retirement plan, Channing said that is a consideration but not one that he has recommended. About an incentive plan in lieu of adding to base salaries, Channing responded that seems to counter your argument about remaining competitive in the market because employees like to think that over time they can earn more money in the future than they are currently making and contracts are something else to consider with future city managers.
Council Member Dore Gilbert said he likes to hire the best person for the job but doesn't want to see us deal with a problem that doesn't exist yet. He said he believes that other cities are thinking as we are re. how to reduce our overall cost so when employees retire we will attract qualified people under circumstances that we are not afforded right now, so he strongly supports going to full participation right now with new hires.
Mayor Pro-Tem Blount noted he'd had a conversation with Channning about crafting a compensation plan that was very similar to our employee MOU where we incrementally increased PERS as well as other contributions. He emphasized that he'd like to treat management and non-management in an equal and fair way. He asked for a copy of that MOU plan to compare.
City Manager Channing agreed that MOU plan was similar to his plan presented tonight and just slightly more expensive and added that he did not have a copy of that with him.
Council Member Bressette repeated you are recommending a 7% raise over 2 years @ 3.5% per year.
Channing agreed but added it could be as much as a 5% increase depending upon how their salaries stack up against the comparator city averages. Bressette said the biggest difference he sees is that Channing is suggesting that the employees covered by the MOU are being asked to contribute to the retirement plan to offset some cost to the city but you are not suggesting that management participate in their retirement contribution. Channing agreed that he is not suggesting that any Management contribution to their retirement plan be required. Bressette asked the City Attorney if there was a way to separate the 2 senior managers (Bruce Channing and Don White) who have contracts with the city from the others. Bressette clarified to the City Attorney, asking could the city council take action to increase the management compensation but not include the City Manager and Assist. City Manager? City Attorney Greg Simonian answered No, because the City Manager and Assist. City Manager's contracts both contain provisions with the same outcome which is that any across the board salary increases deemed payable to management employees will entitle both the City Manger and the Assist. City Manager to the same increases. If it's the city council's desire to change that it would take some research to see if a new resolution could be made to carve out those positions. Mayor Barbara Kogerman asked City Atty. Simonian if it would require agreement of both parties to make this kind of change. Simonian responded, Based on the way the proposed resolution is drafted, it would require a mutual written agreement of both parties, Contracted Employees and City Council Members to remove those 2 operative provisions.
Council Member Bressette also noted that Elected Members may waive participation in the City's Medical, Dental and Vision Insurance Plans. City Manager Channing noted council members are all eligible and can choose PPO or HMO and can also waive the plan. Bressette also mentioned staff and City Council Members do not receive any retiree health care through the city. The monthly cost of Health Care Benefits for Council Members is noted in the city's online Public Official's Compensation Report: http://www.ci.lagunahills.ca.us/home/public_officials_compensation_report/default.asp where it is clarified that there are no retirement health care benefits. Mayor Barbara Kogerman elected not to participate in the City's Health Care Benefit's Plan.
*** After much more discussion, with assistance from the City Attorney, the council choose to review the proposed resolution and give further policy direction to the city manager for further research and to come back at a future date, August, 27, 2013 with more options. Some of the more salient points and/or controversial points made by the city council in providing direction were as follows:
Blount - Other than the PERS contribution, that are the differentiating factors in the salary resolution before us tonight and what the MOU version is? Blount added that by his numbers if management paid their 7% contribution to PERS that would result about a $700 a month payment (about $8,400 annually) from each management employee. Treat employees fairly and equally.
Carruth - How to structure a salary resolution that separates positions to direct Cost of Living Allowances to certain but not all positions. We don't want to have to deal with overcompensation in the future as we have had to do in the past with the City Manager. She said if we approved his salary resolution tonight plus his increase last year of 1.5%, in 3 years we'd be back where we were with the City Manager a few years ago. We need to get control and manage that properly.
Gilbert - Tie salaries to budget - never to exceed 26 to 27% of the budget. Support the MOU at 7.5%
Bressette - Use all 34 cities as comparator cities for compensation rather then the 17 that were previously chosen prior to the last election. We could start lower than 7% for the management employees for PERS contribution. We can increase the salaries of mgmt. staff whose salaries are much lower than the 105% of comparator cities.
Kogerman - Outside of the recommendations presented tonight she said she'd like to see an increase in the salary of the Deputy City Manager whose salary is at 87% rather than 105% of the comparator cities. For management reset the salary ranges to those established in 2012-2013 plus an annual cost of living adjustment which is currently 1.4%. Subsequent COLAs not to exceed 3.5% plus the language from the MOU for pension plan.
City Manager Channing objected to taking individual department head salaries out of the hands of the City Manager who is hired to "manage the staff". He said council's role is to set a standard for a pay package and leave the implementation of it to the city manager.
Carruth responded that the City Manager and Assist. City Manager already have contract and the MOU doesn't necessarily impact the contract
Channing argued that the Assist City Manager's contract doesn't necessarily establish his salary except in the 1st year. Every year thereafter it's subject to adjustments for management employees, so you are being selective in who you believe should receive what. Develop a plan, come up with a compensation policy without cherry picking.
Kogerman added we do have several classification of employees here full time positions, confidential, part time and full time positions management, etc. Use all 34 OC cities as comparator agencies.
Channing told Kogerman she was not privy to his supervisory responsibilities and relationships and taking away one of his privileges as a manager, is bad practice.
Gilbert agreed with Channing that he should not be 2nd guessed but if we are unhappy with him this should come out in his end of year evaluation and we should deal with it then rather than micromanage. Instead we should give him clear direction.
Carruth added, the citizens did not elect Channing, so we need to set the guidelines for him.
Channing asked that the council boil this down to 3 council members interested in each issue he pursues for the next meeting.
Some of the Issues to be researched and discussed at the next meeting:
1. Would you like to see a Salary Resolution that effectively provides the same conditions as the MOU negotiated with the non-mgmt employees.
2. PERS Contribution and share of Health Care Costs
3. Use the 34 cities as comparator agencies
4. Every member of the city staff to be compensated fairly
**No Vote was necessary as this was just referred back to Channing for research and options.
Item 7.2.1 - APPROVAL OF THE PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE LA PAZ OPEN SPACE IMPROVEMENTS, MOULTON PARKWAY TO ALAMEDA AVENUE, CIP NO. 615A
SUMMARY: The City Council approved the La Paz Open Space Preferred Concept Plans for the area that have now been completed by the Landscape Architecture firm of Richard Fisher Associates and are on file with the office of the City Clerk. Several refinements of the details in the Preferred Concept Plan were made to improve the overall project. Staff discussed each of these revisions as a part of the final plans. Mr. Richard Fisher, Landscape Architect reviewed the plan improvements including the earth colors used such as the brown color of the bollard lights and the dark green color of the horse corral.
The sticking point in the plans was the "Equestrian Stock Tank and Hitching Post" that had been modified in its location and layout. The location had been moved further towards Moulton Parkway, adjacent to the La Paz Road vehicle entry to the Shopping Center which is a distance of 75 feet further from the potential outdoor eating area at the Shopping Center Building ‘D’. The layout of the facility has been expanded based upon input from equestrians and a meeting with the Nellie Gail Ranch Owners Association. The facility is now a fenced corral which will accommodate up to six horses at any one time. In addition, the Shopping Center development plans have also been coordinated to provide an immediately adjacent Bench and Trash Receptacle for riders to use for lunch activities and to monitor their horses.
Mr. Jerry Garner, the representative from the developers of the center, Vintage Capital/Real Estate, stated that he was concerned about cleanliness, odors and flies from the horse corral and asked if the city was going to send staff to clean the corral when there was horse manure present. He also noted that the doors on the loading dock for the Market are open all the time and mentioned that more than one horse in the corral could cause problems between horses, safety issues, etc. He said I guess we're against that corral being there in that present form.
Council Member Melody Carruth said the equestrians are very responsible with their horses, like a pet or a dog, pet owners pick up dog waste.
Mr. Garner responded he wasn't aware that people picked up after their horses in public and he didn't visualize people leaving their horses for long periods of time at a hitching post.
Council Member Gilbert said his concern would be with eating establishments, flies, etc. could scare away potential businesses. He asked if we could located the corral farther away.
Mr. Ken Rosenfield, Public Services Director noted that the corral had been moved about 83 feet away to it's current location and there would be no city personnel to clean up after horses on the trails or in the corral. He suggested that one person would stay with horses while another does the shopping etc.
Mayor Barbara Kogerman suggested posting rules of etiquette for equestrians to observe and checking with the Health Dept. to see if there are any issues re. this location for the horse corral.
Council Member Melody Carruth talked about how the City needs a brand and visualized that the brand for this City is it's trails with Equestrians being an integral part of that brand especially related to the clear choice of name for this center - "The Village at Nellie Gail Ranch". She said any horses at this center will be a draw for the center.
Mayor Pro-Tem Andrew Blount said horses are really expensive so he would be surprised if people did not take good care of the horses and was sure someone would stay with them in a corral so that they would not be left alone for more than a few minutes.
Council Member Randy Bressette suggested making the corral step 2 of the project as horses will be horses and a corral is unnecessary. Build the rest first then consider.
The La Paz Open Space Improvements are listed in the staff report as follows:
1 - Elimination of the 2 access ramps with handrails due to modifications in grading in the area.
2 - Greater separation between the Multi use trail and the Equestrian use trail but no changes to to the Multi Use Trails that are closest to the residential back yards.
3 - Equestrian Trail west of the La Paz vehicle entrance to the Center has been modified to accommodate shopping Center signage.
4 - Multi Use trail pavement had been modified to include intermittent grooved concrete panels.
5 - The bench and trash receptacle has been placed at the top of the ramp noted in #1 above.
6 - Location of the Equestrian Stock Tank and Hitching Post has been moved further toward Moulton Pkwy. adjacent to the La Paz vehicle entry to the center which is 75 ft. further from the potential outdoor eating area at the center and the center now has a fenced corral to accommodate up to 6 horses and an immediately adjacent bench and trash receptacle for riders to use.
7 - Multi-Trail lighting is provided by 8 inch diameter by 42 inch tall light bollard with LED lamps place at approx. every 90 feet of linear distance. The backs of the lights are shielded to avoid illumination of residential properties.
8 - Permanent illumination of the 2 tunnels is provided
FISCAL IMPACT: The La Paz Open Space Improvements, Moulton Parkway to Alameda Avenue, is included in the current fiscal year Capital Improvement Program Budget in the amount of $1,200,000.
VOTE - Approval of the Plans and Specification and authorization to advertise the project for bids Passed 4 - 1. The No vote was Council Member Randy Bressette.
MATTERS AGENDIZED AND PRESENTED BY CITY COUNCIL MEMBERS AND MAYOR - None
CITY COUNCIL MEMBER COMMENTS:
Blount - Announced it was his wedding anniversary today. His wife, Michelle, was in the audience until the end of the meeting at 11:00 pm and he reminded her that he loved and appreciated her.
Gilbert - Congratulated Mayor Pro-Tem Blount and his wife and added that he took his wife to a local hamburger joint to play foosball for his 1st anniversary and that didn't go over well, but he has made up for it since. He concluded with congratulations to fellow council members for their constructive discussion tonight on a very complicated subject. He added he was proud of them.
Bressette - Contributed that he took his wife to Sicily for their anniversary and got a big laugh!! He added that he appreciated that the conversation was completed without a time clock and he is glad they spent the time on it.
Carruth - said staff really worked hard for the 4th of July and the challenges were handled well. Also good feedback about landscape on Moulton Pkwy in No. Laguna Hills. Equestrian Crossing is already installed at Nellie Gail and Gallup. She held up the Nellie Gail Ranch Pony Express Magazine cover photo of the Laguna Hills Memorial Day Race.
Kogerman - Wednesday, July 24 is Laguna Hills Day at the OC Fair. Laguna Hills High School choir is going to perform the National Anthem at the flag raising at 12:30 in front of the hanger building. Re. General Kelly's speech about the dedication of the Memorial of the 3rd Battalion Marines at Camp Pendleton about the Veteran's Day Observation in England - On the 11th day (of November), 11th hour at the 11th minute everyone pauses to remember. She said she's like to see our city at every level make an effort to encourage everyone to do the same thing to get back to recognizing Veteran's Day. Could make a City proclamation for this.
The Next regular City Council Meeting is Tuesday, August 27, 2013 - 7 pm, at City Hall Contact Laguna Hills City Council Members at ccouncil@ci.laguna-hills.ca.us
** In compliance with the Americans with Disabilities Act, if you need special assistance to participate in City Council meetings, you should contact the office of the City Clerk at (949) 707‑2635. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. She then reviewed the past
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CITY COUNCIL and CITY MANAGER REPORT CARD Categories - (T) Transparency for Citizens, (A) Accountability to Citizens, (CI) Championing Citizen Related Issue, (AG) Achieving Citizen Related Goal Grades - (P) Pass, (A) for Authoring a Citizen Friendly Item, (F) Fail, (A+) Extra Credit. City Manager will be scored related to online and agendized Staff Reports and Requests:
Blount -
P Vote to return Lease of City Vehicle for Assist. City Manager for more information/options.
P Vote for Grant for money to improve sidewalk along La Paz for Safe Routes to School
P Vote for paying $3,641.28 annual fee for (TIP) Trauma Intervention Program Agreement for Laguna Hills Residents to use as needed.
P Vote for request to subdivide Cabot Rd. Town Ctr. Property
A for referring request for salary and benefits increases for city management back to the City Manger for additional research and options.
F ** Editor's Note - We're sorry to say we have to swim against the current on this Vote for a horse corral at the Moulton La Paz Center when the representative of the developer of the center stated he guessed they were against it. Horses are prey animals that are easily frightened by loud noises, plastic bags, dogs, etc. The city council recently addressed significant problems with cars not yielding for horses on residential streets in Nellie Gail and this corral that is expected to accommodate up to 6 horses will be near the intersection of 2 very busy streets and a parking lot as well as being part of a busy shopping center. Also, cleaning up after one's horse, as one is supposed to do with a dog, is generally not done on trails or on streets. The shopping center and/or the city would need to provide tools and receptacles available for that purpose and provide someone to empty/recycle the manure from the receptacles on a regular basis. What the developer's representative appeared to be telling us, at this council meeting, was that this center was seeking a marketing strategy of the illusion of horses by displaying the trappings of hitching posts and watering tanks, but in reality are not at all prepared for or committed to the real thing for any length of time. Forcing that issue on the developer, without proper preparation, would appear to be putting both people and horses at risk.
P Vote for stopping any further payment for July 4 fireworks display and recovering amount already paid.
Bressette -
P Vote for stopping any further payment for July 4 fireworks display and recovering amount already paid.
P Vote to return Lease of City Vehicle for Assist. City Manager for more information/options.
P Vote for Grant for money to improve sidewalk along La Paz for Safe Routes to School
P Vote for paying $3,641.28 annual fee for (TIP) Trauma Intervention Program Agreement for Laguna Hills Residents to use as needed.
P Vote for request to subdivide Cabot Rd. Town Ctr. Property
A for referring request for salary and benefits increases for city management back to the City Manger for additional research and options.
P for vote against the horse corral, at this time, at the Moulton La Paz Center when the representative of the developer of the center said they guessed they were against it. There could be a liability in forcing this issue on a project that is not prepared to deal with it. It would have been better to work out this problem prior to spending money for a corral that may never be used safely, if at all.
A for his suggestion to pass the rest of the project but to delay and reconsider the approval of the horse corral.
Carruth -
P Vote for stopping any further payment for July 4 fireworks display and recovering amount already paid.
P Vote to return Lease of City Vehicle for Assist. City Manager for more information/options.
P Vote for Grant for money to improve sidewalk along La Paz for Safe Routes to School
F Vote against paying $3,641.28 annual fee for (TIP) Trauma Intervention Program Agreement for Laguna Hills Residents to use if needed.
P Vote for request to subdivide Cabot Rd. Town Ctr. Property
A for referring request for salary and benefits increases for city management back to the City Manger for additional research and options.
F Vote for the horse corral at the Moulton La Paz Center when the representative of the developer of the center said they guessed they were against it.
Gilbert -
P Vote for stopping any further payment for July 4 fireworks display and recovering amount already paid.
P Vote to return Lease of City Vehicle for Assist. City Manager for more information/options.
P Vote for Grant for money to improve sidewalk along La Paz for Safe Routes to School
P Vote for paying $3,641.28 annual fee for (TIP) Trauma Intervention Program Agreement for Laguna Hills Residents to use as needed.
P Vote for request to subdivide Cabot Rd. Town Ctr. Property
A for referring request for salary and benefits increases for city management back to the City Manger for additional research and options.
F Vote for the horse corral at the Moulton La Paz Center when the representative of the developer of the center said they guessed they were against it.
Kogerman -
P Vote for stopping any further payment for July 4 fireworks display and recovering amount already paid.
P Vote to return Lease of City Vehicle for Assist. City Manager for more information/options.
P Vote for Grant for money to improve sidewalk along La Paz for Safe Routes to School
P Vote for paying $3,641.28 annual fee for (TIP) Trauma Intervention Program Agreement for Laguna Hills Residents to use as needed.
P Vote for request to subdivide Cabot Rd. Town Ctr. Property
A for referring request for salary and benefits increases for city management back to the City Manger for additional research and options.
F Vote for the horse corral at the Moulton La Paz Center when the representative of the developer of the center said they guessed they were against it.
A If the city is going to force this issue we agree with Mayor Kogerman about posting a sign with clear rules of use for the horse corral.
City Manager -
F for Not voluntarily exempting himself and the Assist. City Manager from the management staff salary and benefit increases he has proposed.
F for failing to include more information and options in request for purchase or lease of car for the Assist. City Manager
** INFORMATION, COMMENTS QUESTIONS and CONCERNS from Watch Dog Readers since the last council meeting:
ABOUT: City's Business Friendly Attitude?; Comments on the City's de-railed fireworks display on July 4.
ABOUT: City's Business Friendly Attitude?
Anonymous said... You can tell that their re-election year is getting close when council members like Melody Carruth are already campaigning through public displays of political muscle flexing. If she really wanted to help with situations such as a respectable business owner's property being hit with graffiti, she has plenty of options such as going to the police chief who may be able to help the business owner, and to the city staff who handles these things or if she doesn't trust the staff she can go directly to the business owner herself or work to establish new policies that will work better for the city than she believes the established ones do. I notice she wasn't at all concerned about the business owner, just about the "appearance" of the city to people driving north on Freeway 5. Lets hope all those freeway drivers are paying more attention to what they and the traffic around them are doing than straining to catch a glimpse of a piece of graffiti across multiple lanes of traffic in city of Laguna Hills. Maybe the city would be better served by placing Carruth in a position for which it would appear she'd be better suited such roving reporter of urgent cosmetic deficits in the city?
ABOUT: Comments on the City's de-railed fireworks display on July 4.
Anonymous said...
What can I say? Is this the third year there was a problem with the fireworks.
I hope they don’t get paid. I suggest next year they provide a performance bond, if they don’t complete the show they pay a penalty to the good people of Laguna Hills that were cheated out of the nation’s birthday display. Someone should also tell the fireman that canceled the fireworks, The Show Must Go On. Thank you
Anonymous said...
I was there and the fireworks were a huge fail. And what was up with the heart shapes? Left overs from valentines day? 3rd year in a row some one needs to be fired! As for the fire department shouting it down, if it was unsafe it should be shut down. I have no problem with them keeping us safe from cheap council members buying defective fireworks.
Anonymous said...
I agree! I feel cheated. Third year in a row. We should get a redo. Once again robbed of a great show. Should of went somewhere else.
Anonymous said...
After 2 or 3 shells went off just above ground level the show stopped. Is there a tie to the Simi Valley incident? Same faulty fireworks?
MVMike said...
After a couple shells went off at ground level the show was cancelled. Any tie to the Simi Valley problem? The Show Must Go On was the feeling amongst the crowd last night...
Anonymous said...
I walked out on my back yard slope to get an unobstructed view of the LH fireworks. I thought that they lasted for only 5 minutes. The firework display appears to be consistent with Bruce's management of the City--you don't get what you pay for.
Anonymous said...
Time for new management. That's the trouble with our city we have incompetent people in place. One I can understand but two failures is two too much.
** WIN WIN Wednesdays!! is an on-going series of restaurant fundraisers, a project of the Laguna Hills High School PTSA. Eat at these great local restaurants on Wednesdays and in return, they donate a percentage of the proceeds to the LHHS PTSA. It’s good for us AND it’s good for the local restaurant community. This allows the Laguna Hills High School 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" 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 Schedules go to our web site at: http://www.winwinwednesdays.com/ and please be sure to"LIKE US" on Facebook!
** Bring those WWW!! flyer to these participating restaurants on these dates and a portion of the proceeds will be donated to the LHHS PTSA 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. 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.
July 17 La Rana Mexican (Moulton Pkwy – LH) All Day
July 24 Subway (Alicia Pkwy @ PdV – LH) Every Day
July 31 Golden Baked Ham (Alicia Pkwy @ Hon – LH) Every Day
**Don't forget to see our "WWW Everyday Partners - Alpha Cleaners, Golden Baked Hams and ToGO's 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
Team Dark Horse says THANK YOU, **BE SURE TO GO TO THE TEAM DARK HORSE web site at http://teamdarkhorse.org/ to SEE HOW YOUR DONATIONS ARE HELPING, see the Laguna Hills 3/5 Adopted Marines Face book page by clicking on this link - http://teamdarkhorse.org/https://www.facebook.com/pages/Laguna-Hills-Team-Darkhorse/132765660119128?ref=ts&fref=ts Donation checks can be made to "Laguna Hills Team Dark Horse" and mailed to - Team Dark Horse, 27251 Lost Colt Dr., Laguna Hills, CA. 92653 or anyone can now donate via PayPal on the web site at http://teamdarkhorse.org/ 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.
7-5-13 - Msg. from Mike Bland, Chairman of Team Dark Horse, the Support Group for the 3/5 Marines adopted by the City of Laguna Hills, re. Laguna Hills July 4th 2013 Celebration.
"We were honored to have not only the new 3/5 Commanding Officer, Lt. Col. Robert Rice, but the new 5th Regiment Commanding Officer, Col. Jason Bohm at our City's 4th of July Event. In attendance with them was the new family readiness officer, Brenda, the new XO, Major Bland Allen. All brought their families to the event and we had many more of the 3/5 members and family join us too. This was really something special for us that Rice and Bohn took time off to meet us and see what Laguna Hills was all about. I know now, we will not have any difficulties in continuing to grow our relationships with the 3/5. Col. Bohn wanted to make sure I knew this was the only support group event that both he and Rice were attending on the 4th, so that made us feel very special."
Please see 2 very special messages below from Wounded Warrior Capt. Cameron West, who lost his right leg and the sight in his right eye while serving with the 3/5 in Sangin, and Corporal Travis Haggerty, who runs in our Memorial Day race every year carrying an American Flag containing the names of all the 3/5 Marines lost in Afghanistan during their deployment in 2010 and does such a wonderful job of expressing thanks from all of us. In 2010, the 3/5 Marines were sent to Sangin, the most dangerous place in Afghanistan. Their task was to regain the Taliban stronghold, a notorious poppy growing region in a mountainous area north of Marja. The DarkHorse Battalion lost 25 Marines during that deployment.
Capt. Cameron West, said about the 2013 Laguna Hills' Memorial Day Event, “Last night after all the festivities and the day came to a close, I thought to myself that there was nowhere else I would rather have been on this Memorial Day. And that’s a pretty big deal thinking of all the family and friends that I could have been with, but I realized for that day Laguna Hills took their place, and did a fine job doing it."
Mr. Bland, I would like to thank you for yesterday and all the things that Team Darkhorse and Laguna Hills made possible for memorial day. Every time we see the people interacting with all the Marines and truly taking time to remember our fallen brothers is a honor. A success would be a understatement for how yesterday went. All of you have done so much for our battalion, and even more for our Gold Star families and wounded warriors, and we can not thank you enough for taking care of our brothers. Again, everything that all of you have done and the efforts that you have put forth do not go unnoticed. Thank you and Semper Fi, Corporal Haggerty
** NEWS STORIES AND BLOGS ABOUT LAGUNA HILLS:
Please Click on the links below to see the stories.
Laguna Hills looks to mall sale to spur town-center plans by Megan Nicolai
http://www.ocregister.com/articles/mall-516142-hills-laguna.html
Robbins:Supporting Team Dark Horse, by Karen Robbins, March 8, 2013 The Orange County Register http://www.ocregister.com/news/dark-498871-horse-marines.html
Latest Update on the Orange County Animal Shelter in the OC Register Newspaper - The 54 percent overall death rate was pretty much the same as 2011 http://www.ocregister.com/news/cats-496442-percent-animal.html
Distinguished Budget Award’ more about good looks than financial health January 17, 2013 - OC Watchdog by Keegan Kyle, http://taxdollars.ocregister.com/2013/01/17/distinguished-budget-award-more-about-good-looks-than-financial-health/165287/
Resident's Resolutions for Laguna Hills, Lake Forest at http://www.ocregister.com/news/city-382833-lake-forest.html
Laguna Hills Needs an Identity of its Own at http://www.ocregister.com/news/laguna-382827-hills-town.html
Ka-chinghe sound of a city manager being fired - just click on http://taxdollars.ocregister.com/2012/10/19/ka-ching-the-sound-of-a-city-manager-being-fired/163292/
Grand Jury gets last laugh on "Shadowy" pension costs - Orange County Register OC Watchdog - Oct. 8, 2012 http://taxdollars.ocregister.com/2012/10/08/grand-jury-gets-last-laugh-on-shadowy-pension-costs/162930/
City officials abused power, grand jury says July 6th, 2012, 1:22 am · posted by Teri Sforza, Register staff writer http://taxdollars.ocregister.com/2012/07/06/city-officials-abused-power-grand-jury-says/158361/
City 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 http://www.ocregister.com/articles/fewer-338291-killed-shelter.html?pic=1
Total euthanasia rate of 53%. 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. Euthanasia Rate Stuck at Nearly 50% at O.C. Animal Carehttp://ranchosantamargarita.patch.com/articles/shelter-euthanizes-fewer-animals-in-2011 County Shelter finally admits killing animal for space.
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 onhttp://taxdollars.ocregister.com/2011/10/12/professor-who-offended-power-elite-resigns-post/109833/ 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
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
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 onhttp://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/
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."
** FIND the CRIME IN YOUR NEIGHBORHOOD - For a roundup of Laguna Hills police calls check Sheriff's Blotter information - County of Orange at: http://ws.ocsd.org/Blotter/BlotterSearch.aspx then choose city and either a 7 day view or a 30 day view.
The Sheriff's Blotter enables residents to know what activity is occurring in their communities. A regular review of the calls in your area and the year-to-date crime statistics, at the bottom of each page in the OCSD Patrol Areas section, will provide you an accurate view of law enforcement activity in your community. It will also show you Official Radio Codes. You can contact the Sheriff's Dispatch by phone at 949-425-1800.
** You can also check the Saddleback Valley News every Friday for some of the police calls.
** WRITE A LETTER TO THE EDITOR of the Orange County Register Newspaper - E-mail to letters@ocregister.com Please provide your name, city and telephone number (telephone numbers will not be published). Letters of about 200 words or videos of 30-seconds each will be given preference. Letters will be edited for length, grammar and clarity.
