Laguna Hills Watch Dog
Laguna Hills City Council Meeting - November 26 , 2013

** 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.

SPECIAL ANNOUNCEMENTS:
** Announcement by the City Attorney - A Change in Law effective January 1, 2014, requires the city council to announce the vote of "Each Member".

PUBLIC HEARING NOTICES

** You should be able to find all  PUBLIC HEARING NOTICES  on the City web site face page at http://www.ci.laguna-hills.ca.us/ under "Quick Links" - "Public Notices"

December 10, 2013  - A PUBLIC HEARING TO CONSIDER AN ORDINANCE OF THE CITY OF LAGUNA HILLS ADOPTING THE CA. BUILDING STANDARDS CODE AND THE INTERNATIONAL SWIMMING POOL AND SPA CODE AS WELL AS THE CA. FIRE CODE  at the Dec. 10 City Council Meeting 7 pm at City Hall - 24035 El Toro Rd. Laguna Hills.
All interested person's will be given an opportunity to comment on this item at the Public Hearing.

** NEW ABC - TV SERIES INCLUDES THE HOME OF OUR MAYOR PRO-TEM ANDREW BLOUNT IN AN EXTREME COMPETITION FOR THE BEST CHRISTMAS DECORATED HOME IN THE COUNTRY.  SERIES PREMIERES MONDAY DECEMBER 9, 2013 on ABC - TV 9:00|8:00c
The Great Christmas Light Fight is a new competition series in which 20 families from across America will decorate their homes to the extreme for Christmas – in ways that would certainly make even Clark Griswold envious – with a total of $250,000 in prizing ($50,000 won each week). The Great Christmas Light Fight will air on MONDAYS, DECEMBER 9 (9:00-10:00 p.m., ET/PT), DECEMBER 16 (9:00-11:00 p.m., ET/PT) and DECEMBER 23 (9:00-11:00 p.m., ET/PT) with back-to-back episodes on those two nights. Michael Moloney & Sabrina Soto (both from Extreme Makeover: Home Edition) will serve as judges for the series. 4 families will compete each week to transform their homes for the holidays.  20 families were chosen through an extensive nationwide search based on their previous elaborate Christmas light displays, incredible choreography and over-the-top designs.

** YOU CAN LISTEN TO OUR MAYOR, Barbara Kogerman. ON FM RADIO- KSBR (88.50).   Interviews  with Mayor Kogerman by Dawn Kamber of Saddleback Community College's FM radio station 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 each council meeting. The regular programming is easy-listening jazz.

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Laguna Hills City Council Meeting - FEATURES DIRECTORY

** Closed Session - PUBLIC EMPLOYEE PERFORMANCE EVALUATION - THE LAGUNA HILLS' CITY MANAGER'S ANNUAL PERFORMANCE EVALUATION CONTINUES 
** Presentations and Proclamations:
Item 1.1 -  Report from Laguna Hills High School Student Liaison Kerstyn Gonzales - LHHS News, Sports and Fund Raisers + Win-Win Everyday Partners. Report this week was taken from LHHS "HAWK HAPPENINGS"          
Item 1.2 - Certificate of Recognition for Laguna Hills Resident Janell Keider and her Therapy Dog Jenna -  A very special heart warming recognition from our City!
Item 1.3 - Presentation from the Transportation Corridor agencies regarding the Toll Road Express Account.
** Public Comments: Mike Sanders with an update on the severe parking problem for the residents of Alicia Village
** Consent Calendar - Warrant Register - $1,024,171.17
** Items of Interest from the Warrant Register- None
** Items of Interest from the Consent Calendar
Item 3.4 - Progress Payment No. 28/Final for La Paz Rd. Widening at I-5 $8,811.37 to Sema Construction
Item 3.5 - Participation in the Countywide Public Mass Notification System "ALERTOC"
** Items Pulled from the Warrant Register pulled for discussion: None
** Items pulled from the Consent Calendar pulled for discussion: Item 3.4 - Last payment for La Paz Rd. widening at I-5
** City Council/Planning Agency Public Hearings: None
** City Council Public Hearings - Item 5.1 Amendment to Title 9 of the Laguna Hills Municipal Code to Prohibit Medical Marijuana Dispensaries in All Zoning Districts and Revise the Development Code Compliance Policy.
**AdministrativeReports
Item 6.1.1 - AMBULANCE CONTRACT AWARD AUTHORITY - This item passed with no discussion of cost to residents for any ambulance service chosen.
Item 6.2.1 - INFORMATION RE. HIRING A NOISE CONSULTANT TO PROVIDE PEER REVIEW SERVICES FOR THE APRIL 2013 NOISE STUDY REPORT FOR THE I-5 WIDENING PROJECT Re. SOUND WALLS FROM STATE ROUTE 73 TO EL TORO RD.
**Editor's Note - The City's Public Services Director gave a history of sound walls that were and were not built in Laguna Hills and see what the council members have to say about this issue plus how this issue was a significant learning experience for the entire council as well as an important glimpse for all residents into the CalTrans/CEQA process.
** Matters Agendized and Presented by Council Members and Mayor - None
** City Council Member Comments - About: A League of Cities Meeting  at the Mission in San Juan Capistrano;  A LAFCO meeting and Kitchen Safety, More about LAFCO a City acknowledgement and Information about the Great Christmas Light Fight TV show featuring Mayor Pro-Tem Blount's house.
** City Council Members Report Card - How did they score?
** Information, Comments, Questions, Concerns from LH Watch Dog Readers from the previous blog post  ABOUT: Public Art Fund Deficit and suggestion for the City to cooperate with local artists, Council Member Melody Carruth nitpicking businesses, screening construction waste, chronic complaints, policing or planning?

** You can place comments in the "COMMENTS" section at the bottom of this blog report and see comments there from others or you can send comments to  BlandMJ@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: *** Team Dark Horse is Collecting Toys and Gifts for the  3/5 Marines and children for their Christmas Holiday Party through December 6, 2013  Generic multi purpose gifts of any amount on VISA or other similar cards are always needed for the older children.  Collection Boxes have been placed around town for unwrapped toys and gifts-please see details below.  **Thank you for your Support for the 3/5 Marines
** 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
** FIND the CRIME REPORT for 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 Newspaper


Laguna Hills City Council Meeting - November 26, 2013
All Council Members were present
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Contact Laguna Hills City Council Members at - ccouncil@ci.laguna-hills.ca.us

CLOSED SESSION 
(**Congratulations to Mayor Barbara Kogerman, and the new Council Members who changed the order of the council meetings to place "Closed Sessions" 1st rather than last on the Agenda. This 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.)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION - THE LAGUNA HILLS' CITY MANAGER'S ANNUAL PERFORMANCE EVALUATION CONTINUES  - There was no announcement of any action taken and the Closed Session resumed after the council meeting.

PRESENTATIONS and PROCLAMATIONS:
Item 1.1 -  REPORT FROM LAGUNA HILLS HIGH SCHOOL  LIAISON - Kerstyn Gonzales  NEWS:  SPORTS:  FUND RAISERS: GO HAWKS! - The Student Liaison was absent and there was no substitute student liaison appointed from LHHS for this semester, so  we took this report from: LHHS HAWK HAPPENINGS

Missing 5 or More Days of School?
If your student will miss 5 or more days for the holidays, you need to get an Independent Study Contract (ISC) immediately!!  Teachers require at least a week and a half to two weeks notice.  Every day that your student is absent the school loses $40 and the absence counts against your student.  If you put your student on an ISC then everyone wins.  Please have your student contact the attendance office ASAP!

Senior Students – Scholarships!
The Guidance Department has collected a list of over 30 general scholarships and over 10 specific college/university scholarships.  This list is continually updated, with various due dates throughout the year and a wide range of application requirements.  Continually check the Guidance Scholarships & Financial Aid Webpage for updates

Peer Tutoring Program 
Any students struggling in their classes are encouraged to come to the Career Center at Lunch to receive tutoring from LHHS's IB students.  IB Peer tutors are available every day at lunch, as well as select tutorials.  Tutoring is free, so be sure to take advantage of the opportunity!

Text-A-Tip
LHHS has a program that allows students to communicate directly with law enforcement and administration.  This program is called Text-A-Tip. This allows students to confidentially inform Deputy Gunsolley and Mr. Pembrook about various concerns and/or problems on our campus by simply texting to (949)415-4295 (HAWK).

It’s a Mystery!  It’s a Dinner! It’s LHHS’ Murder Mystery Dinner Theater - Dec. 6, The annual LHHS Drama Murder Mystery Dinner Theater is Friday, December 6th, at 6:30 pm, directed by senior drama students Johanna Alarcon and Grant Harris. Dinner will be catered by Cosmo’s Italian Kitchen...yum! Tickets are only $15 for dinner, dessert, a fun holiday-high-school-whodunit-murder-mystery play, plus a chance to win a $50 prize for correctly naming the culprit! Purchase tickets at the LHHS webstore, the ASB Office, or at the door.

New Baseball Fund Raiser
The LHHS Baseball Program is selling community discount cards now through December 20th.  The cost of the card is $15.00 and is available for purchase from any baseball player or Coach Ellis.  The card is redeemable at many local merchants with significant savings.  Some of the merchants are The Pizza Store, Subway, Togo's, Carl's Jr., to name a few.  The cards are great stocking stuffers for the upcoming holidays.  Please help support Hawk Baseball and purchase your card from any hawk baseball player today!

2013 Reflection Winners
Thank you to everyone who entered the Reflections Contest.  The entries were fabulous and the winning entries are:
Photography: Joey Grimm
Music Composition: Julianne Reames
Visual Arts: 1st Place - Niki Petkova, 2nd Place - Tina Ghadali, and 3rd Place - Melina Simkins
All the first place winners will be moving on to the district competition.  Good luck and congratulations!

** WIN WIN EVERYDAY  is a fundraising project of the Laguna Hills High School PTSA.  When you support LHHS "Everyday Partners" - Alpha Cleaners, Golden Baked Hams, ToGO's, Subway, Supercuts, and Latte Da Bagelry & Grill by going to our web site at: http://www.winwinwednesdays.com/ and clicking on the names of the businesses to download their fliers to take to these businesses when you purchase services or food from them, they will donate a portion of their proceeds to the LHHS PTSA. This all year long fund raising effort helps Laguna Hills High School PTSA 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!


Item 1.2 - CERTIFICATE OF RECOGNITION FOR LAGUNA HILLS RESIDENT JANELL KEIDER AND HER THERAPY DOG JENNA - PET THERAPY PROGRAM

Mayor Kogerman announced that it was a pleasure and she was very proud to recognize Janell and her lovely Pet Therapy Dog Jenna, who recently passed away and added that this is a great story starting in 2003. Overhead photos of Janell and Jenna doing Pet Therapy in the hospital with children were displayed as Mayor Kogerman read the following from the Certificate of Recognition from the City: The City of Laguna Hills recognizes and honors outstanding accomplishments achieved by our residents. Janell Keider and her late therapy dog, Jenna, together as a Certified Pet Therapy Team, provided pet therapy to people of all ages in the community. Providing pet therapy with Jenna enriched Janell’s life greatly, and enabled her to serve and impact her community in ways she could not have done alone. It is in order to recognize and commend Janell Keider and Jenna for their service and contributions to the community.

In 2003, Janell and her late therapy dog, Jenna, learned about therapy dogs through an outreach program at Saddleback Church and began volunteering through the Saddleback Valley Humane Society, visiting residents in Assisted Living Facilities; and in 2004, Janell and Jenna completed training to become a Certified Pet Therapy Team through the nationwide, non-profit organization Delta Society, now known as Pet Partners. Because Jenna was so wonderful with children, they joined the Pet Therapy Program at Children’s Hospital of Orange County (CHOC). In 2006, Janell and Jenna were ready to start a Pet Therapy Program at CHOC Mission Hospital. Janelle and Jenna were honored to be chosen as the first team to begin the program and helped to establish program guidelines.

In 2008, Janell and Jenna joined the Pet Therapy Program at Mission Hospital visiting patients in the Acute Rehab Unit where they provided Animal Assisted Therapy and also continued to visit children at both CHOC locations. Janell became the trainer/evaluator of new incoming Pet Therapy Teams from 2008 to present; and in 2011, Janell and Jenna were proud to assist the children of the 3/5 Marines, adopted by the City of Laguna Hills, at a “Halfway through Deployment” party; and in 2012 they assisted Bravo Battery Family Day, both events were held at Camp Pendleton; and Jenna was a remarkable dog and worked alongside Janell for over 10 years, helping people of all ages. Jenna made her final pet therapy visit at CHOC Children’s Mission Hospital on September 10, 2013, her 13th birthday.  I, Barbara Kogerman, Mayor, on behalf of the City Council of the City of Laguna Hills, California, do hereby commend Janell Keider and Jenna for their service and contributions to the community through the Pet Therapy Program. Everyone clapped and Janell was asked to speak.

Janell Keider arrived with her husband and her Father and his wife.  Janell thanked the Mayor and council and said that being involved in Pet Therapy for the past 10 years was a wonderful experience and being able to share this unique dog to help other people to bring on healing and comfort has been such a blessing for her.  Janell explained the photos from CHOC at Orange and at Mission Hospital. She added that the little girl in the photo was recovering for major hip surgery and had been in so much pain for 3 days that she was refusing to eat or use her walker. Her Mom was afraid she'd given up hope, but when Jenna visited and began doing tricks (such a sneezing when asked if she was allergic to cats) the little girl smiled.  Jenna got in bed with the little girl and snuggled with her and soon the little girl had agreed to eat if she could take Jenna for a walk down the hospital hall. Jenna with a widely grinning little girl then completed a successful a walk around the hospital floor. The last photo showed Jenna in a bouncy ball bin on a rehab gym at CHOC in Orange with another little girl who wouldn't do her physical therapy until she had Jenna to be her therapy buddy and whatever Jenna would do the little girl would do too.  Janell added that Jenna was an amazing animal and she was so blessed to have had Jenna in her life, so thank you so much for recognizing Jenna's memory.  There was more applause.

Council Member Bressette remarked that his wife purchased a Labrador Retriever that they named Millie and with that purchase they also got training with Jenna who brought Janell along! (laughter from the audience) After a few weeks of great training Milly, who is now 100 lbs.and almost 12 years old, is a very well trained and well mannered dog. He added that about 2 months after the training he tried to get Millie to heel and that wasn't happening so he called Janell who advised him that he needed to keep some dog treats in his pocket and after that she always heeled very well.  He added he knows he speaks for hundreds of Laguna Hills Residents who say thank you, our dogs are so much better trained thanks to Janell.

Janell and Jenna were also featured in the November 2013 edition of THE COSTCO CONNECTION National Magazine. There is a photo of Jenna and a beautiful little girl in the hospital on page 4 and a story on page 84 including Janell and Jenna, entitled HEALING HEROS - Animals of all kinds provide therapeutic relief.

Item 1.3 - PRESENTATION FROM THE TRANSPORTATION CORRIDOR AGENCIES REGARDING THE TOLL ROAD EXPRESS ACCOUNT

SUMMARY   Presented by Mr. Neil Peterson, from TCA, acknowledged that the story of Janell and Jenna was a tough one to follow.  He presented a Power Point on this planned removal of cash toll collection from The Toll Roads. Cash collections will be removed mid 2014.  He noted that 250,000 people a day use the Transportation Corridor Agency's (TCA) roads and the TCA was the first to introduce FasTrak. The TCA  operates The Toll Roads in Orange County, will soon provide cash customers new ways to pay on the SR 73, 133, 241 and 261 Toll Roads. Express Account will utilize drivers’ license plates instead of transponders to identify a vehicle and collect the toll. The new Express Account will be available for customer sign ups in January of 2014.

Customer Choices will be:

Type - FasTrak,  Payment Method - Prepaid,  Technology - Transponder  For FasTrak Customers - FastTrak Accounts = Lowest Tolls with 0 monthly fee if you spend more than $25/month and - check toll roads map to see where Fastrak  can be used.

Type - Express Account,  Payment Method - Charge/Prepaid/Invoice,  Technology - License Plate Image
Express Accounts will be available for Customer Signups in January of 2014   No cash or transponders needed and no monthly account fee. Express Accounts can only be used on the 73, 133, 241 and 261 Toll Roads.  Cash collection will be removed mid-2014

Type - One-Time Toll,  Payment Method - Postpaid,  Technology - License Plate Image
For One Time Toll - Go to www.thetollroads.com or the Toll Roads mobile app, and must Pay within 48 hours. Also See Golden Gate Experience.

Council Member Bressette asked how this would affect the cost of using the toll roads.  Mr. Peterson responded the cost will stay the same, but their hope is that this will reduce the costs for the TCA because they will eliminate the toll booths which should save them about 15% in costs. He added that they will not be reducing the CHP escort presence on the toll roads related to users who do not follow the rules.  Bressette asked what would happen with current toll accounts for customers that still contained balances?  Mr. Peterson consulted with his partner, Lisa, who explained that she thinks there will be a way to bring an account down to the point where it has a zero balance and then charge a credit card for each use. She added this is currently being discussed internally. Bressette also asked about better cell phone coverage on the routes and Mr. Peterson answered they should have constant coverage and are working on that.

Mayor Pro-Tem Blount told his personal story of buying a new car and although he had a transponder and paid the toll according to a sheet that was printed out, because the car did not yet have it's permanent license plates, he was given a ticket and charged an additional $200 fine.  Mr. Peterson responded TCA is in a discussion with the car dealers association now to find a solution for this.

Council Member Carruth pointed out that there is a passenger adjustable transponder that she has and asked when these would be available for everyone?  Mr. Peterson responded that the passenger adjustable transponder only on the 110 or 10 in Los Angeles County so if you are traveling those roads and have one or two other people in the car there is a button on the transponder that you can adjust it for a lower toll. He said all new transponders will include this feature so if anyone wants one they can send in their old one and request a new one or go in person to an office to change it out.

Mayor Kogerman asked how people can sign up.  Mr. Peterson answered the ways to sign up include a mobile app, a TCA web site, at events that TCA attends throughout the year, over the phone, and in person at the TCA Office in Irvine.

PUBLIC COMMENTS: Mike Sanders Laguna Hills Resident, Program Manager for So. CA. Edison and Resident of Alicia Village returned with an update on the severe parking problem for the residents of Alicia Village that is located across from the High School.  Mr. Sanders first reported this problem at the Nov. 12 Laguna Hills City Council Meeting. Since that time he said he met with David Chantarangsu, Community Development Director and now he is going to the Traffic Commission looking for some more creative permitting for Laguna Hills Dr. down from Paseo de Valencia and some reclassification of some of the red zones that are needed for additional parking for residents. He noted there is a trailer that has been parked on Stockport for 3 weeks in an area where there are only 12 spaces.  He also noted that an area at Paseo de Valencia near LHHS could hold up to 50 cars, so he would like to get freed up possibly through the Saddleback Valley School District and thanked the council and staff. Mayor Kogerman asked how the discussion of the issue of prohibiting parking in city parking lots overnight would or would not affect this issue.  Ken Rosenfield, Public Services Director responded that overnight parking in City Parking lots could be a conflict related to taking patrons away from the Community Center.  He added this discussion has been continued to the next Traffic Commission Meeting at their request for additional information.

CONSENT CALENDAR and WARRANT REGISTER
Item 3.3 - Warrant Register  - $1,024,171.17
** Items of Interest from the Warrant Register: None
** Items of Interest from the Consent Calendar -  Item 3.4 - Final Payment for La Paz Rd. Widening.
Item 3.4 - Progress Payment No. 28/Final for La Paz Rd. Widening at I-5 $8,811.37 to Sema Construction                                                                              
SUMMARY - Work on the La Paz Road Widening at I-5 Improvement Project began on April 7, 2011, and has been performed by SEMA Construction, Inc. The project has been in the landscape maintenance period for the last year. The work has been satisfactorily completed and it is appropriate to file the Notice of Completion. Approval of the Progress Payment and filing of the Notice of Completion is recommended

Item 3.5 - PARTICIPATION IN THE COUNTYWIDE PUBLIC MASS NOTIFICATION SYSTEM  - "ALERTOC".

SUMMARY -  The County of Orange Chief Executive Office (CEO) and local emergency management professionals have implemented a Countywide public mass notification system taking advantage of the newest technologies. The system, named AlertOC, was developed to be utilized by both the County of Orange for regional use, and the individual cities and special districts for localized emergencies. The County’s system has been operational since July 2008 and individual cities have adopted the system for local use.  The intent of the AlertOC system is to disseminate early warning and time sensitive information to residents and businesses during a disaster or other emergency event. AlertOC is available 24 hours a day, seven days a week and messages may be sent by phone, email, and text. The system is pre-loaded with Orange County land line phone numbers, listed and unlisted, drawn from the E911 database of telephone service providers. Additionally, mapping technology to associate phone numbers to their geographic locations is included in the software to allow users to target call recipients using a map.

The E911 database will be refreshed on a quarterly basis and residents and businesses will also have the ability to self-register with additional contact information such as cell phones, email addresses, and out-of-area land lines through a link on the City’s web site.

The AlertOC system will be used to send messages describing an emergency situation and advising the public of recommended action they should take. It will be particularly valuable in that it can be used to target specific geographic areas or population groups affected by the event, and City staff will define the message to be sent. The AlertOC system can also be used for inter-departmental communications for City staff members. This feature would provide a quick and efficient notification method for City employees in the event an emergency response becomes necessary (e.g. - EOC staffing). Emergency public notifications are limited to critical public safety related information that must be rapidly disseminated to the public, including:

· Imminent or perceived threat to life or property
· Disaster notifications
· Evacuation notifications
· Public health emergencies
· Public safety emergencies
· Any notification to provide emergency information to a defined community

As a general rule, emergency notifications are to be used when the public is being asked to take a specific action such as evacuate, prepare to evacuate, shelter in place, boil tap water, or notification of the closure of an incident. Inter-departmental communications are emergency or non-emergency communications of an official nature to first responders, City staff, City Council or other internal City functions. City policy will identify several staff members to receive training and authorization to access the system, create messages, define recipient populations, and send messages.

The City also has the option of entering into a separate contract agreement between the City and the AlertOC vendor to provide a non-emergency community messaging system. This system could be used by the City to disseminate announcements of community events or meetings, road closures or scheduled maintenance, facility closings, crime watch notices or other community news. The separate contract would carry a cost of $1.00 per household or business in the City enrolled in the system, or approximately $11,200 annually. Staff may evaluate this option in future budget preparations. Staff believes that the Countywide AlertOC system is an excellent tool for the City to rapidly and effectively provide emergency information to selected populations or to the community at large.

In order to participate in the AlertOC system, the City is required to approve an MOU with the County of Orange, outlining our responsibilities as a participant. At this time staff recommends executing the MOU for the AlertOC system for emergency use only.

FISCAL IMPACT - There is no cost to participate in the AlertOC Program. The County of Orange agrees to purchase the system, administer the vendor contract, and purchase periodic updates to the E911 database and geographic maps through June 2017, which is the term of the MOU.

** Items pulled from the Warrant Register for Discussion - None
** Items pulled from the Consent Calendar for Discussion - Item 3.4 was pulled by Mayor Kogerman  who noted that she loved seeing the word "final" on this project after 28 months of work.

VOTE - the Consent Calendar was passed 5 - 0

** Announcement by the City Attorney from the previous meeting - A Change in Law effective January 1, 2014, requires the city council to announce the vote of "Each Member".

CITY COUNCIL/PLANNING AGENCY PUBLIC HEARINGS: NONE

CITY COUNCIL PUBLIC HEARINGS:

Item 5.1 presented by Mr. David Chantarangsu, Community Development Director - An Ordinance of the City of Laguna Hills Amending Title 9 of the Laguna Hills Municipal  Code to Prohibit Medical Marijuana Dispensaries in all Zoning Districts and Revise the Development Code Compliance Policy.  The Laguna Hills Municipal Code ("LHMC") presently does not expressly address the establishment and operation of medical marijuana dispensaries, which is a unique land use arising out of the Compassionate Use Act, the Medical Marijuana Program Act, and related state actions, regulations, and policies. The California Supreme Court recently affirmed the authority of cities to ban medical marijuana dispensaries from all zoning districts. Consistent with this authority, the proposed ordinance would add a definition for "medical marijuana dispensary" to the Zoning and Development Code and prohibit such uses in all zoning districts of the City.

Consistent with the City's policy and practice, the proposed ordinance amends Laguna Hills Municipal Code  Section 9-98.030 to recognize that the City determines, on a case-by-case basis, whether to first pursue administrative, criminal, or civil proceedings, thus preserving the City's discretion over the means it employs to timely achieve code compliance and to correct Zoning and Development Code violations. As amended, LHMC Section 9-98.030 comports with the Enforcement Policy and the Compliance Policy, which collectively require prompt remediation of Development Code violations, and is a more accurate expression of the City's code enforcement compliance policy.


Fiscal Impact - No fiscal impact to the City resulting from adoption of an ordinance to prohibit medical marijuana dispensaries in all zoning districts and revise the Development Code compliance policy.

PUBLIC COMMENTS - NONE

VOTE - This item passed 4 - 1 for the 1st reading.  The No vote was Mayor Pro-Tem Andrew Blount who told us his vote had nothing to do with Marijuana, he simply believes that the individual business owner and the shopping center should be allowed to make the decision regarding what businesses to operate.

ADMINISTRATIVE REPORTS -

Item 6.1.1 - AMBULANCE CONTRACT AWARD AUTHORITY Presented by City Manager Channing who noted these are 10 year contracts.

SUMMARY - The Orange County Fire Authority (OCFA) administers a bidding process for emergency ambulance services for its member jurisdictions. As the current ambulance contracts are set to expire on September 1, 2014, OCFA is preparing for the next contract cycle. Each member agency has the ability to either retain or delegate the authority for the selection and contract award process, and OCFA has formally requested each agency to notify OCFA of its choice by December 5, 2013.

Presently, Doctor’s Ambulance provides ambulance service to the City of Laguna Hills. The contract was awarded in September, 2004 through the Authority’s competitive process. Prior to the start of that process, the City Council opted to delegate contract award authority to the OCFA.  Delegating authority to the OCFA Board of Directors would mean that the City Council would not make the final selection on an ambulance service provider for the City. The decision would be made by the OCFA Board, which is making that same decision on behalf of several other member agencies, for a variety of reasons, known primarily to the respective member city. Liability for the process and defense of claims would rest with OCFA.

Staff recommends that the City continue to delegate its authority to award the emergency ambulance contract for services rendered in Laguna Hills to the OCFA. Past experience with this selection process has proven fairly time-consuming for staff and the rating process has often resulted in relatively miniscule differences in the point totals received by the competing companies. The OCFA is charged with overseeing the performance of the ambulance providers, once they are selected. Staff believes that the OCFA has far better ability to judge the competence of the ambulance companies and to know which of them will likely perform best in our community.

FISCAL IMPACT - None for the City.

PUBLIC COMMENTS -There were no questions from any of the council members and no members of the public commented.

VOTE - This passed 5-0  
**Editors Note There were many good reasons noted for leaving this decision to the OCFA but this passed with no discussion or mention of the cost to residents for any ambulance service chosen.

Item 6.2.1 - INFORMATION RE. HIRING A NOISE CONSULTANT TO PROVIDE PEER REVIEW SERVICES FOR THE APRIL 2013 NOISE STUDY REPORT FOR THE I-5 WIDENING PROJECT FROM STATE ROUTE 73 TO EL TORO RD.  This report was presented by David Chantarangsu, Community Development Director.

At the City Council meeting of October 8, 2013, staff was directed to gather costs associated with retaining a noise consultant for the purpose of reviewing the CalTrans Noise Study Report (NSR) for the I-5 widening project between El Toro Road and SR-73 (the “Project”). The purpose of retaining the consultant is to ensure the City and its residents are being treated fairly with respect to the Project’s use of sound walls to mitigate noise impacts due to the widening of Interstate 5, as well as identify any flaws in the Project’s noise analysis. Staff has already identified and commented on what it believes are deficiencies in the Project’s approach to the environmental analysis and in the proposed mitigation of noise impacts.

After contacting several consultants, two proposals were solicited from environmental firms which specialize in noise analysis for transportation projects – RECON and Acoustics Group Inc., (AGI). The cost to evaluate the NSR was $10,076 by RECON and $7,200 by AGI. AGI included several optional tasks which involved performing independent sound measurements and analysis at an additional expense of $35,000.

The City Council should also note that the City would need to retain special outside legal counsel for any legal services needed in this matter because the City’s legal services firm (Woodruff, Spradlin & Smart) has a conflict of interest due to their also representing OCTA, which is also participating in the Project. Outside legal counsel would be necessary should the City Council decide to pursue a legal challenge to the Project’s environmental review process. Proposals from two outside legal services firms were obtained with general cost estimates as low as $60,000 but as high as over $250,000.

Based on noise criteria used by CalTrans to evaluate noise impacts, a significant impact on the environment results when properties will experience an exposure to noise levels which either, (1) result in an increase of 12 A-weighted decibels (dBA) or more over existing noise levels, or; (2) result in a continuous exterior sound level of 67dBA for certain uses such as residences, active open space areas, and certain commercial uses. For Laguna Hills, no property is predicted to be exposed to a noise level increase of more than 12dBA as a result of the Project. However 17 properties (14 residences, the Aliso Creek bikeway, St. George’s Episcopal Church and Academy, and a portion of the Laguna Hills Mall) will experience noise impacts which exceed the noise threshold of 67dBA for continuous noise exposure.

FISCAL IMPACT - The cost to proceed with the hiring of a Noise Consultant to peer review the CalTrans NSR would be at least $7,200, however after analyzing the two proposals received, staff would suggest that an additional $5,000 be added to the budget for this limited effort. Should the City Council wish to undertake our own analysis of the noise impacts, essentially for the purpose of filing a future legal challenge to the project itself, then an additional $35,000 should be added to the budget. Finally and depending on the response to our comments by CalTrans and the Project NSR that is ultimately approved by them, the City Council may wish to consider filing a legal challenge. Staff estimates that the pursuit of a legal challenge related to the project’s environmental review document could cost well over $200,000. To that end, it is important to recognize that the City has not budgeted any money to perform any of the previously identified tasks. Therefore, a budget amendment would be required in order to proceed with the incurrence of these costs.

Staff Recommendation - The City receive and file the report.

Council Member Carruth asked - Is it reasonable to assume that litigation would follow a noise study and how do we make an argument if we don't have accurate information? She added that she believed that they used models rather than the appropriate equipment in our community to measure the noise. 
David Chantarangsu, Community Development Director answered he has seen many instances where individuals tried to bring about a change or a delay in a project through litigation and ultimately given the resources that CalTrans has the only choices that the council would have to correct any errors they found in the process would be to bring about challenge to the project's environmental process and in order to do that we would have to retain outside legal help. He added he believes that in Laguna Hills CalTrans modeled noise in only one or two of the locations but actually did short term noise monitoring where they took a reading for a very limited period of time. So, in the (CEQA) California Environmental Review and Permit Approval Process of the California Environmental Quality Act the burden is on the City to provide evidence to the contrary and even if we do provide that evidence CalTrans can still choose to ignore it. So, if you're not willing to fund an outside legal consultant it's not worth spending the initial sum.

Council Member Carruth continued, so what would our explanation be to residents who were told years ago that they'd get sound walls if freeway was expanded. Chantarangsu suggested that it's an issue that is out of our control.  Carruth asked if a city could partner with CalTrans and build a sound wall on CalTrans right of way. Ken Rosenfield, Public Services Director answered he is not aware of a program where the City partners with CalTrans to build a sound wall because CalTrans response is that if the wall wasn't justified under their criteria then by allowing the wall to be built they accept responsibility for something that they should not be accepting responsibility for.
Carruth argued that CalTrans acknowledge that a sound wall met their criteria a few years ago but now that criteria has changed so asked if we could can challenge them on that basis. 
Rosenfield responded, the 67 decibels has always been the threshold, what did change was the old rules were that if one property had a 5 decibel benefit from a sound wall of a reasonable height then the sound wall was justified and they's look at the cost. The new criteria, from a few years ago, is that one of the properties has to have a 7 decibel benefit. That's why, in the current study, as opposed to the study for the previous widening, that only the 2 homes at the end of Christina Court met the 5 decibel benefit, but in our studies years ago, not only those 2 met the criteria but 3 more along Christina Court also met. So, that change of standard has affected the results today and one explanation for that is that it reduces the number of sound walls that have to be built and reduces the cost for public facilities.
Carruth continued why not use the lobbyist/consultant in Sacramento, that we already have, to help us with CalTrans? (**Editor's Note the City is currently paying this lobbyist group $2900 a month as a retainer - see past Warrant Registers.) City Manager Channing responded, that we have used the Gonsalves Group for similar tasks in the past and he thought they'd be glad to assist us with this as well.

Council Member Bressette asked when we should expect answers from CalTrans to our letter to them about this issue?  
Chantarangsu answered, sometime in February.
Bressette asked shouldn't we wait for that response to make this decision?
Chantarangsu answered that with CEQA guidelines all objections should be registered early otherwise CalTrans could discount last minute objections.
Bressette asked what is the bottom line here, to check CalTrans work on the noise study? 
Chantarangsu -  just to make sure that the studies were done correctly. We have outlined 2 options, a peer review of the written materials and methodology and that could take place in a matter of weeks. There is also an option for a consultant to do their own noise monitoring that would probably add another 4 weeks to the process.
Bressette asked what if we receive CalTrans reponse and they agree with us? Then we would pay for the study and study the results and then make another decision re. going forward.
Chantarangsu the appropriate time to decide about legal action is after CalTrans approves the project. Then we'd have 30 days to file a challenge.

Mayor Kogerman asked if this would have any leverage without approving attorney expenses that range from $60,000 to $250,000. 
Chantarangsu advised that if the council wasn't willing to fund an outside legal dept. it may not wish to pay for the noise study.
Kogerman asked did we promise residents in Christina Court that they would get a sound wall?
Ken Rosenfield, Public Services Director gave a synopsis of the history of the sound wall issue and the need for sound walls in Laguna Hills.  He responded that the 1992-94 widening of the freeway had environmental impacts including noise between Ocean Park Way and Los Alisos, but because of the location of those homes and the elevations relative to the freeway it was determined that building sound walls along the edge of the freeway was of no value for noise reduction. Highest feasible sound wall is currently 16 feet. The City had just incorporated and was not mobilized to address that issue at that time. Some years later the rules for building sound walls changed allowing sound walls to be built on private property, with the permission of the home owner, that they would then own and maintain that wall, and if that sound wall was found to be feasible for hitting the noise reduction targets required could be paid for by public funds.  The OCTA was responsible for funding the freeway project in 1994 and they rolled out this program of helping to try to resolve litigations from noise. City of Laguna Hills took advantage of that to get funding for sound walls between Alicia and Los Alisos. That required noise studies and justification for the sound walls. We justified sound walls from North of Alicia Pkwy. to Aliso Creek that have the various female names like Julie and Carol, etc. All of the home owners along that edge agreed to have the wall built on their property line except the last 2 or 3 which were parallel to Aliso Creek. So we were successful in building that wall and getting the funding from OCTA.  At the time we engaged the homeowners along Christina Court and too could have sound walls built along their property lines. That neighborhood banded together and approached the City and said they didn't think the sound walls should be on their property lines, they should be at the freeway edge. They had a number of reasons for that including their enjoyment of their view of Aliso Creek. They were advised at that time that if they did not take advantage of the sound wall program they may never have a chance to get a sound wall again in the future, but if another project came along and there was a noise impact the City would do it's best to meet their desire to have a wall along the freeway and that's what we've done. He said we met our commitment to try to get a sound wall at this point, but the current studies   consistent with the previous studies are showing that a wall on the freeway is not going to work in terms of the criteria. Most of the impact there is cost.  The cost per home benefited is prohibitively expensive.  Currently CalTrans says there are only 2 homes that would benefit, our argument in our comment letter is that it should be 5 or 6 homes based on the 2004 Laguna Hills study. The wall would have to be 800 or 900 feet long and well over a million dollars so the cost per home benefiting could easily be $200,000 or more and the current standard for benefit value is $55,000 per home. We argued that in addition to about 5 homes there would be several more in the shadow of the noise barrier and you have recreational users of Aliso Creek that should be taken into account.  So even if we hire a noise consultant CalTrans could say we recognize your comments, but we don't agree and that's all they'd have to say. The only option at that point is to consider challenging them in court and by the time you get the expense of that effort you might as well have built the sound wall.

Council Member Gilbert said it seemed to him that this is one of those situations where the City would be all in or all out in terms of financial responsibility. If we're all in it could cost us $200,000 or more. He said he thought that was an astronomical figure and he didn't know if, as a City, they could afford $200,000 on something like this. He asked if he was correct in assuming this was an All In or All Out Situation.
City Manager Channing agreed that you can't go half way, if you want to start the process you should be prepared to see it through.
City Attorney Greg Simonian injected that he agreed with Chantarangsu with one caveat that the most effective approach to protecting the City's interests on this issue is to not only retain a noise consultant but to retain special environmental outside legal council at the same time so they could both work together to coordinate a legal and consulting approach relative to the noise.  This approach is related to the fact that there is a time element involved. Greg said he contact one qualified firm who estimated taking this project though trial to be $60,000 to $100,000 and a 2nd qualified firm that estimated $150,000 to $200,000 for the same service. One law firm here has a lower effective hourly rate.
Council Member Gilbert questioned why we are hearing this information now related to the specificity. He emphasized the need for all pertinent information to be provided to council members prior to the meeting where they would be making these decisions.

Mayor Kogerman asked how much more than the $2,900 a month that we already pay our consultant/lobbying group would it cost us to get them involved and before we do that should we be getting more information from the noise consultant and the environmental council with the lower rate and how will this fit with the time limit we have to work this out?Council Member Bressette suggested we hire the Environmental Attorney just for the time it would take to guide us through the study and for a coordinated effort with the Noise Consultant and asked what would be the approximate cost for that?
Chantarangsu answered that staff would need to figure this out and get back to the council.
Council Member Bressette suggested they schedule a closed session to discuss the matter of the details of legal action.
City Attorney Simonian advised that the council was not agendized for a closed session this matter at this time and advised the council they would have to agendize this for a closed session in the future and bring in one of the outside legal firms to advise the council on options and approaches and contracts for outside legal council and consultants would have to be agendized and posted 72 hours in advance for the council to take action.

Council Member Bressette  made a motion to continue this item to the December 10, 2013 council meeting in a closed session to discuss hiring the law firm and further legal options regarding the CalTrans Noise Study for the I-5 widening.
Council Member Gilbert said he thought it was very noble to consider this but if we're not going to be willing to spend $200,000, he questioned the need to spend $15,000 now if it didn't make a difference in the long run.
Council Member Carruth said if spending a few thousand dollars here and there is what it takes to save a neighborhood.  She said she feels confident that the information we get will be compelling and if we get use our advocate in Sacramento to work over (she then corrected that to "work with") the plan it would be well worth it. She added you cannot have an conversation with another person on the trail road due to the freeway noise.


Mayor Kogerman rephrased the motion to bring in an attorney to the closed session to agendize approving a noise study contract and if we come to agreement re. an attorney for legal strategies then we would be free to act and not have to have and additional meeting prior to acting. She also asked about the cost including the additional cost for our lobbyist group in Sacramento.
City Attorney Greg Simonian answered that the council is proposing for the next meeting (Dec.10) have the contracts prepared and prepare the process for retaining a noise consultant and litigation council to challenge this project and determining the cost would not be part of that meeting because the cost is already in the staff report and the information is correct.
Council Member Gilbert said, from a voting aspect, he guesses that this would mean we are all in for spending at least $200,000 and asked is that what everyone else is thinking as well?
Mayor Kogerman asked if by approving this motion we are approving the expenditures involved in hiring the attorneys to move forward or are we simply approving the discussion of those items.
City Manager Channing injected that he thought the council would be approving the opportunity to decide after meeting with legal counsel, at whatever cost that might be, to subsequently take an action that same night that would involve a contract for a noise consultant and for special legal services as needed to pursue this matter.
Council Member Bressette added he did not understand previously that from the beginning the council had to have an attorney working hand in hand for the noise study. He said this was roughly a $10,000 expenditure to check the math/CalTrans procedures. He again proposed that staff come back in closed session at the next meeting to discuss the cost of acquiring the appropriate legal council.
City Attorney Greg Simonian - In order to have a legally authorized closed session there must be legal council present in closed session so the City Manager would have to retain one of the outside law firms to reveal these materials and to prepare for closed session and advise the council in closed session. The City Council, under the Brown Act cannot convene in closed session just for purposes of discussion on it's own re. cost and options without legal counsel. He again advised that since his firm (Woodruff, Spradlin & Smart) has a conflict of interest (due to this firm also representing OCTA) the attorney advising the council on this matter cannot be him.
Council Member Bressette said this is a very important issue and he was stuck in checking CalTrans' math and if that costs $10,000 to $12,000 it's well worth it because if at the end of that the consultant says CalTrans math was correct we have one decision to make and if they say there are some flaws here we have a different decision to make so we don't have to decide if we are all in or not until we get to that point.
Council Member Gilbert ponderd what if CalTrans had made some mistakes, then what is the likelyhood that we could prevail against CalTrans based on comments I heard earlier?
David Chantarangsu, Community Development Director responded that the CEQA process would allow CalTrans to try to correct any deficiencies in their process and that would be the end of the process unless they decided their decision and methodology was inaccurate. If they fixed their problems that would be the end of the CEQA Process for us.
Mayor Kogerman asked again what the cost would be to bring in outside council, at the next meeting?
City Manager Channing responded that we're all guessing but it depends upon how prepared you expect the attorneys to be on this issue when they come to the meeting.  With significant preparation this would be more than $1,000.  Just to offer an opinion, without prior knowledge, would be less.
Bressette - If the consultant determines that there are inaccuracies in CalTrans studies wouldn't that give the Gonsalves group (lobbyists in Sacramento) something to hang onto?
Channing responded if you are looking for a likelihood of success in the matter we can either use our best available resources to persuade CalTrans to build the sound wall irrespective of the cost or benefit, or we should plan to seek a legal approach that would compel them to do it that has no certainty of succeeding.  One method is less expensive and neither may result in success.
Council Member Melody Carruth asked how to go about finding legal council with environmental expertise and was reminded that the City Attorney had already done that and recommended two environmental legal firms that do not have a relationship with CalTrans. (and that was included in the Staff Report)
Council Member Gilbert asked an important question, he asked if the homeowners were made aware that we'd be discussing this tonight, because there is nobody here to speak to this tonight. He noted that usually when there is such an egregious issue people show up.
Chantarangsu responded that the City did not notify anyone of this particular meeting. He added that CalTrans contact residents as part of their review process and City Manager Channing added that there have been several Public Hearings on this environmental process at the Laguna Hills Community Center and in Mission Viejo and we have had this matter before the council on more than one occasion. 
(** Editor's Note the Laguna Hills Watch Dog did have this item noted and highlighted in it's November 22, 2012 issue entitled "HEADLINES/ ITEMS OF INTEREST for the Tuesday, November 26, 2013 LAGUNA HILLS CITY COUNCIL MEETING - 7 PM at City Hall" but we believe this importance of this item for the residents involved was reason enough for the City to contact them directly, regardless of this contact not being officially required.)
Council Member Bressette added no one was noticed about this matter tonight that was essentially in their neighborhood and a continuance of this item would allow the staff to reach out to those residents for their input.

Mayor Kogerman gave a brief summation and asked a question of the City's Public Services Director Ken Rosenfield.  She said that we were told the cost of the sound wall was about $200,000 per household which is way beyond the threshold of CalTrans at $55,000 per household, so even if we had a noise study and we hired an attorney and rattled cages, etc. in your opinion is there still a chance of success for us. 
Ken Rosenfield responded there are 2 factors involved: 1. Is the wall feasable and 2. Is it feasible? (** Editor's Note - If you've read this far, good for you for following this issue so closely, and hold on to your screams of frustration because there's an explanation.) The difference being, for the first criteria, will the noise  barrier, where ever it's placed make the requisite noise reduction for the receptor/homeowner. For the second criteria, what is the cost per receptor? So in this case based upon the current CalTrans Noise Analysis from consultants hired by OCTA, the answer is NO on the first criteria, they couldn't get the 7 decibel difference that was described earlier and therefore they don't need look at the 2nd criteria but if we do look the answer is also NO on the second criteria.
If an analysis resulted in a determination that there was some flaw in the process, our perspective is correct re. the decibels there still needs to be a change in the cost per receptor to allow it to be built. Our argument would likely be that all the users of the trail system should be counted, not just 5 homes, but maybe 100 users of the trail a day.  If you did that math you would more likely meet that "per unit receptor cost criteria" but it's a very hard road to go and Ken said in his opinion it's highly unlikely that we would be successful.

Mayor Pro-Tem Blount commented that there are issues that certain council members, at different times get hold of and feel very passionately about and simply won't let go of the issue, and I believe that this issue is one that council member's Bressette and Carruth feel very passionately and strongly about and I don't but I do believe that it is my duty, as a fellow council member, to support our team when we have something that somebody clearly feels this interested in so I'm okay with continuing to the next meeting and having some discussion about it because after the 12 months I've been on the council this is one of the very 1st things we've had a discussion on and we're continuing to discuss it today so obviously it's of real importance to some folks so as a team member I'm here for you and I'm okay to continue.

PUBLIC COMMENTS: None

Final Motion -  in favor of the option to continue this to the Dec. 10 closed session the discussion of hiring an attorney and to agendize the contract for a noise consultant including costs including for our lobbyists also including agendizing the contract for a law firm with the intent to spend no more than 4 to 5 hours with an attorney firm's time and include public notification.

When City Manager Channing was asked if he could negotiate this he got a laugh from all by answering that he felt reasonably confidant that an Attorney given an opportunity to meet with you and discuss a $200,000 contract will do so for a few thousand dollars.

VOTE was 4 - 1 in favor.  The No Vote was Council Member Gilbert.   

MATTERS AGENDIZED AND PRESENTED BY CITY COUNCIL MEMBERS AND MAYOR - None

CITY COUNCIL MEMBER COMMENTS:

Council Member Carruth -  said she attended the League of Cities event that had special significance because is was held in the Mission in San Juan Capistrano that gave elected officials and opportunity to hear a report by Chris McKinsey about California's financial picture and 3 issues that the League will focus on in 2014 - Pension Reform, Infrastructure Improvements and Economic Development. He also pointed out the importance of local control.  Carruth added that in the Mission, a painting was discovered that was painted in the late 1700s and is being restored, it's a big 300 year anniversary for the Mission, and she always reminds the San Juan Council Members that the Pectin used in building the Mission came from the Laguna Hills area.

Council Member Bressette - said he attended the City Selection Committee Meeting at the Orange County LAFCO (Local Agency Formation Commission -  http://oclafco.org/ ) and Mayor Kogerman gave a great presentation, she represented the City very well and the cities didn't make the right choice.  He added that Thanksgiving Day is coming. He warned again about kitchen fires and wished everyone a Happy Thanksgiving and Hanukkah.

Mayor Kogerman added that she believes she was 3rd in the original polling of 6 people and then once 2 finalists were agreed upon it was pretty much a north south vote and Irvine voted with North County Cities for someone from that area even though South County has the major issues coming up before LAFCO. She added that it was disappointing.  For the 2nd year in a row the City was acknowledged by the Building Industry Association and for turning red tape into red carpet though innovative financing with the Oakbrook Village Project.  She also called on Mayor Pro-Tem Blount for an announcement about an event on ABC TV.

Mayor Pro-Tem Blount announced that on December 7, you can watch TLC at about 7:00 our time for an episode called 4 Houses Open for the Holidays that will feature Mayor Pro-Tem Blount's home as well as Monday Dec. 9, on ABC TV at either 8:00 or 9:00 PM where his home will again be featured.  It's called THE GREAT CHRISTMAS LIGHT FIGHT. 

The Next regular City Council Meeting is Tuesday, December 10, 2013 - 7 pm, at City Hall - The last meeting for this year!  
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.
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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 
F - for vote against passing the code to prohibit Medical Marijuana Dispensaries as they currently exist, but we also see the need for choice of safe and properly regulated businesses to be made by business and shopping center owners.
P - for vote to pass the Ambulance Contract Award for the City to the OC Fire Authority although we wish there would have been some consideration given to the price for ambulance services. 
P - for vote to hire a noise consultant and environmental attorney to provide more information for the City re. sound walls needed related to the April 2013 NOISE STUDY REPORT for the I-5 WIDENING PROJECT, although we also believe, as Council Member Gilbert and the City Staff said, that no matter what information we receive this is probably a matter of being all in or all out for a very expensive legal battle with CalTrans that would ultimately be lost.

Bressette
P - for vote  passing the code to prohibit Medical Marijuana Dispensaries
P - for vote to pass the Ambulance Contract Award for the City to the OC Fire Authority although we wish there would have been some consideration given to the price for ambulance services for residents.
P - for vote to hire a noise consultant and environmental attorney to provide more information for the City re. sound walls needed related to the April 2013 NOISE STUDY REPORT for the I-5 WIDENING PROJECT, although we also believe, as Council Member Gilbert and the City Staff said, that no matter what information we receive this is probably a matter of being all in or all out for a very expensive legal battle with CalTrans that would ultimately be lost.

Carruth
P - for vote passing the code to prohibit Medical Marijuana Dispensaries
P - for vote to pass the Ambulance Contract Award for the City to the OC Fire Authority although we wish there would have been some consideration given to the price for ambulance services for residents.
P - for vote to hire a noise consultant and environmental attorney to provide more information for the City re. sound walls needed related to the April 2013 NOISE STUDY REPORT for the I-5 WIDENING PROJECT, although we also believe, as Council Member Gilbert and the City Staff said, that no matter what information we receive this is probably a matter of being all in or all out for a very expensive legal battle with CalTrans that would ultimately be lost.

Gilbert
P - for vote passing the code to prohibit Medical Marijuana Dispensaries
P - for vote to pass the Ambulance Contract Award for the City to the OC Fire Authority although we wish there would have been some consideration given to the price for ambulance services for residents.
F - for vote against hiring a noise consultant and environmental attorney to provide more information for the City re. sound walls needed related to the April 2013 NOISE STUDY REPORT for the I-5 WIDENING PROJECT, although we also believe, as Council Member Gilbert and the City Staff said, that no matter what information we receive this is probably a matter of being all in or all out for a very expensive legal battle with CalTrans that would ultimately be lost.

Kogerman
P - for vote passing the code to prohibit Medical Marijuana Dispensaries
P - for vote to pass the Ambulance Contract Award for the City to the OC Fire Authority although we wish there would have been some consideration given to the price for ambulance services for residents.
P - for vote to hire a noise consultant and environmental attorney to provide more information for the City re. sound walls needed related to the April 2013 NOISE STUDY REPORT for the I-5 WIDENING PROJECT, although we also believe, as Council Member Gilbert stated, that no matter what information we receive this is probably a matter of being all in for a very expensive legal battle with CalTrans that would ultimately be lost.

City Manager - Nothing this time.

** INFORMATION, COMMENTS QUESTIONS and CONCERNS from Watch Dog Readers since the last council meeting: ABOUT: Public Art Fund Deficit and suggestion for the City to cooperate with local artists, Council Member Melody Carruth nitpicking businesses, screening construction waste, chronic complaints, policing or planning?

Anonymous said...
According to the city web site, The City of Laguna Hills established an online public art store to offer the online sales of mural reproductions in the Council Chamber to the public, in the form of postcards, posters and giclees. All proceeds from the sale of these items will be used to fund future public art projects throughout the City of Laguna Hills. The results of this effort to date, according to Item 3.4, the 1st Quarter Financial and Treasurer's Report for FY 2013-14, indicate that the Public Art Fund is in the hole for ($245,214) as of July 1, 2013. This effort was the brainchild of council member Carruth so my question is how much of this debt represents money we taxpayers paid for these reproductions that nobody appears to be buying? Why doesn't this city follow the example of other cities and allow the local artists to use the City Hall parking lot and the grounds around the Community Center to display and sell their art for a small fee paid to the City. That would be a win-win-win situation for the artists and the public who would enjoy having something to see on weekends and bring some revenues to the city.

Anonymous said...
Has councilmember Carruth forgotten all those years of Laguna Hills having so little business development thanks in part to the city's "hands off" policy. She seems to have an inherent need to constantly nitpick every signage issue and every piece of construction waste. If there's nothing more constructive for her to do, it's past time for her to go. The new council members are doing great so far, and the old ones are showing that they've been there too long.

Anonymous said...
Following Councilmember Carruth's logic(?), why not screen the construction waste bin at the Hills Hotel with a billboard illustrating constantly rotating pictures of the items of waste in the container?

Anonymous said...
I attended this council meeting and it was announced at the meeting and recorded in the Watch Dog that there were No Complaints received from 60 residential neighbors who received Public Hearing Notices and at the meeting and there was only one resident who spoke on this and was concerned not about the hotel but about freeway noise walls, so what is the problem with Councilwoman Carruth who took up so much meeting time with chronically repeated complaints?

Anonymous said...
I've noticed that some items in the storage bin in the parking lot of the Hills Hotel have been there too long and they do need to get rid of them as they pile up, but this is a matter for the city to police. Councilmember Melody Carruth's overreaction was a little scary. She didn't seem to be hearing anyone other than herself. Maybe she'd be better suited to policing the community than to planning it and where was that concern for the community when she wanted the tall architectural details that block the views of residents in the remodeled shopping center on Moulton and La Paz? If she's really concerned with protecting residents she sure isn't consistent.

** HOW TO SUPPORT THE 3rd BATTALION, 5th MARINE DIVISION adopted by the City of Laguna Hills

** 1st Newsletter from the Team Dark Horse Committee was launched.  Please watch for it.

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.

*** Team Dark Horse is Collecting Toys and Gifts for the  3/5 Marines and children for their Christmas Holiday Party that will be held on Saturday, Dec. 7, 2013. Unwrapped toys and gifts will be collected through Dec. 5.  Generic gifts of any amount on VISA or other similar cards are always needed for the older children. 
Toy Collection Boxes can be found around town at the following locations:
Baker, Knapp and Tubbs Furniture (Aliso Creek Rd., Laguna Niguel
Heidelberg Pastry Shop (25260 La Paz Rd, Laguna Hills)
Farmers and Merchants Bank (Laguna Hills next to the Post Office),
Florence Sylvester Senior Center (in Laguna Hills in the Center where the DMV is located.)
Laguna Hills City Hall on El Toro Rd.
Laguna Hills Community Center on Alicia Pkwy.
Laguna Hills Mall
Nellie Gail Ranch HOA Club House and Equestrian Center,
Players Sport Grill (24401 Ridge Route Dr. Laguna Hills)

**Thank you so much for your donations that express appreciation for the services and sacrifices of the 3/5 Marines and their families.
You can visit the Laguna Hills 3/5 Adopted Marines Face book page at LAGUNA HILLS TEAM DARK HORSE.  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.

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 Darkhorse Battalion lost 25 Marines during their deployment to Sangin, Afghanistan.

About the 2013 Laguna Hills' Memorial Day Event, Capt. Cameron West said:   “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."

Corporal Haggerty said:  "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.
www.PUBLICCEO.com
Opinion: Release Grand Jury Transcripts on OC City Manager Salaries http://www.publicceo.com/2013/09/opinion-release-grand-jury-transcripts-on-o-c-city-manager-salaries/
VOICE of OC - Community Editorial: Brandman Transcripts Should Be Released, Comment by Professor Fred Smoller 9-5-13 http://www.voiceofoc.org/community_editorial_board/article_44e78358-15e4-11e3-9405-001a4bcf887a.html?TNNoMobile
LA Times - The Use of Government Influence On a Private Educational Institution 7/5/12 http://www.latimes.com/local/la-me-adv-professor-fallout-20130901,0,7321736.story
** Letter to the Editor from Laguna Hills City Council Member Andrew Blount -Tiered billing schemes for water not fair  -  http://www.ocregister.com/articles/water-522523-billing-tiered.html
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 Care  http://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 on  http://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 REPORT for 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 highlights 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.