Laguna Hills Watch Dog
Laguna Hills City Council Meeting - December 10 , 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 always 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"

** 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.  20 families were chosen through an extensive nationwide search based on their previous elaborate Christmas light displays, incredible choreography and over-the-top designs.

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Laguna Hills City Council Meeting - FEATURES DIRECTORY

** Closed Session: CONVENING AT 6:00 PM
A - Initiation of litigation for 1 potential case
B - The Laguna Hills' City Manager's Annual Performance Evaluation Continues
RECONVENE TO CITY COUNCIL MEETING AT 7:00 PM for:
** REMARKS OF OUTGOING MAYOR
** ELECTION OF MAYOR
** RECOGNITION OF OUTGOING MAYOR BARBARA KOGERMAN with RESOLUTION OF COMMENDATION, RECOGNIZING THE MAYOR'S SERVICE TO THE CITY and REMARKS OF COUNCIL MEMBERS REGARDING MAYOR KOGERMAN'S SERVICE.
** ELECTION OF MAYOR PRO TEMPORE
** REMARKS FROM THE NEW MAYOR
** CLOSED SESSION REPORT
** 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 - Recognition of Judy Baber, Administrative Assistant on the Occasion of her retirement.       
** Public Comments: None
** Consent Calendar - Warrant Register - $251,146.10
** Items of Interest from the Warrant Register- payment of $9,981.25 to the ACCOC (Association of CA. Cities)
** Items Pulled from the Warrant Register for Discussion - payment of $9,981.25 to the ACCOC (Association of CA. Cities)
** Items of Interest from the Consent Calendar:
Item 3.4 - 2014 City Council Meeting Schedule - CALENDAR FOR 2014 CITY COUNCIL MEETINGS Item 3.5 - AFFIRMATION OF APPOINTMENTS LIST FOR ALL CITY BOARDS, COMMISSIONS AND COMMITTEES/TRAFFIC COMMISSION AND THE PARKS AND RECREATION COMMISSION
Item 3.6 - APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION OF PURCHASE OF EQUIPMENT FOR THE INSTALLATION OF A FLASHING BEACON SYSTEM AT TWO EQUESTRIAN TRAIL CROSSINGS
Item 3.7 - 1st AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT SERVICES CONTRACT FOR ALISO MEADOWS REHAB. PROJECT EXTENDING THE TERM THROUGH JUNE 2014 AND ALLOCATING AN ADDITIONAL $80,000 FOR FISCAL YEAR 2013-14
Item 3.8 - MEASURE M2 EXPENDITURE REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2013
Item 3.9 ANNUAL REVIEW OF THE CITY'S INVESTMENT POLICIES AND DELEGATION OF INVESTMENT AUTHORITY TO THE CITY TREASURER - Assistant City Manager Don White
Item 3.10 - PRESENTATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2013
Item 3.11- 2nd READING AND ADOPTION OF AN ORDINANCE APPROVING AND ADOPTING AMENDMENTS TO THE MUNICIPAL CODE TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES IN ALL ZONING DISTRICTS AND REVISE THE DEVELOPMENT CODE COMPLIANCE POLICY. Item 3.12 - AGREEMENT WITH THE COUNTY OF ORANGE DISTRICT ATTORNEY'S OFFICE FOR PROSECTUION SERVICES
** Items pulled from the Consent Calendar pulled for discussion: Items 3.4, 3.10 and 3.11
** City Council/Planning Agency Public Hearings: None
** City Council Public Hearings:
Item 5.1 - 2nd READING OF ORDINANCE ADOPTING THE 2013 CALIFORNIA BUILDING STANDARDS CODE AND THE 2013 EDITION OF THE FIRE CODE AND THE 2012 EDITION OF THE INTERNATIONAL SWIMMING POOL CODE. 
** Administrative Reports
Item 6.1.1 - THE CITY MANAGER'S 2013 YEAR END REPORT -
Item - 6.2.1 - CITY COUNCIL'S  APPOINTED REPRESENTATIVES TO "OTHER AGENCIES" There was a little drama here, some revelations and some laughs.  Item 6.3.1 - NOISE CONSULTANT CONTRACT FOR PEER REVIEW SERVICES  FOR THE APRIL 2013 NOISE STUDY REPORT re: CONCERN ABOUT SOUND WALLS for THE I-5 WIDENING PROJECT
Item 6.3.2 - APPROVAL OF A PROPOSED LEGAL SERVICES RETAINER AGREEMENT WITH THE LAW FIRM FOR THE PURPOSE OF INITIATING LITIGATION AGAINST CALTRANS re. I-5 WIDENING PROJECT AND APPROVING AN INITIAL BUDGET TRANSFER OF $250,000 FROM CAPITAL PROJECTS FUND FOR LITIGATION EXPENSES.
** Consent Calendar Item 3.10 Highlights from Assist City Manager Don White re. the COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDED JUNE 30, 2013
** Matters Agendized and Presented by Council Members and Mayor - None
** City Council Member Comments - About: Team Dark Horse and Christmas for the 3/5, 12 hours spent with the local firefighters and Paramedics, Happy 22nd Birthday to Laguna Hills, Great Job from our new Mayor getting National recognition for our City with his Christmas Lights, Inviting Laguna Hills' Businesses to participate in 2014 City Council Meetings; a hearty Thank You for the opportunity to be the new Mayor.    
** City Council Members Report Card - How did they score?
** Information, Comments, Questions, Concerns from LH Watch Dog Readers from the previous blog post  ABOUT: High Cost for City Manager;  Building Heights at La Paz and Moulton Shopping Center remodel;  Mayor Pro-Tem Blount's Christmas Decorations and Great Light Fight;  Sound Walls and Notification to Residents, Parking Problems for Residents;  Recognition of Community Members;  Question re. Delays with LH Watch Dog reports and answer from LH Watch Dog

** 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: *** Thank you all so much for your Support for the 3/5 Marines and their families Christmas Holiday Party and please see a Report from the Christmas Holiday Party for the 3/5 Marines and their children below with photos.  
** 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 - December 10, 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 - CONVENING AT 6:00 PM
A - Initiation of litigation for 1 potential case
B - City Manager's Annual Performance Evaluation Continues 
(**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.)

RECONVENE TO CITY COUNCIL MEETING AT 7:00 PM

REMARKS OF OUTGOING MAYOR:

CITY BUSINESS ACCOMPLISHED:  Moved forward on the Urban Village including the start of 1st phase of Oakbrook Village coming soon.  Laguna Hills Mall plans in the works has been a highlight of our economic year.  The Village at Nellie Gail is underway plus the La Paz Open Space improvements. This project helped win the 2nd Turning Red Tape into Red Carpet award by the Orange County Business Council for the City for the 2nd year in a row.  We recently approved Laguna Hills Hotel Renovations moving it toward becoming the City's First 4 star Hotel.

EMPLOYEE RELATIONS:  It's been an important year for Employee Relations with employees, for the 1st time, now sharing in the cost of health care and pension costs.  This year management employees began sharing in these same costs as well including the City Manager who agreed to share in the pension costs.

COUNCIL DEVELOPMENT:  Successfully began the 3 minute rule, with flexibility, for Council Member Questions and Comments this year to hear all sides of any issue. Began introductions to the community of the council member and staff sitting at the dais. Pointing out the highlights of the Agenda and trying to let anyone in the audience know what's coming up next.  A new effort re. the Mayor's Community Outreach and Community Building. Mayor Kogerman said she especially enjoyed this related to the joy and pride in the community felt by residents. Over 100 Individual Certificates of Recognition were issued to residents this year and bringing those in to the council chambers has been a joy for everyone. During one of these recognitions we hosted a performance of the entire cast of Les Miserables from the Laguna Hills High School Drama Dept.  Instituted the Saturday morning sessions with the Mayor resulting in being able to meet so many interesting new people and learning so many new things.  Elevated Team Dark Horse in the City's Memorial Day Event, with credit to Mike Bland, which elevated recognition of the City and our relationship with the 3/5 Marines.  We had our first Memorial Day Grand Marshall, Gold Star Families and Wounded Warriors.

MAYORAL SUPPORTS:  Mayor Kogerman said she couldn't have done any of this with the increased support from staff and from her husband.  She emphasized that nothing could have happened without Judy Baber, Administrative Assistant and Peggy John's, City Clerk.  She thanked the City Manager for sharing his institutional knowledge and being willing to flex in terms of his contract this year, as well as the rest of the City Staff for all they did to support her. She also noted the new spirit of cooperation and friendliness on the City Council.  She concluded by thanking everyone for the opportunity to be able to serve as Mayor.

(**Editor's Note - Mayor Barbara Kogerman's remarks were followed by applause from everyone and she neglected to say that when she became Mayor, after having been made to wait until her 3rd year on the City Council, she brought with her a new a significantly more welcoming environment for citizens and city businesses to become involved with the City as well as a willingness to change the order of the items on Council Meeting agendas to accommodate both residents and businesses rather than making them wait until the end of each meeting, plus a higher level of transparency for residents.There were Laguna Hills citizens, groups and/or business recognized at most every council meeting and at the council meeting that included the performance of the entire cast of Les Miserables from the LHHS Drama Dept. there was joyful noise from the audience as well as music from the cast. Mayor Kogerman also ushered in and supported the change of placing the City Council Meeting's "Closed Sessions" 1st, rather than last, on the Agenda which increased transparency for Laguna Hills Citizens and allowed for Public Comments as well as a report to the citizens, from each Closed Session, during the City Council Meetings rather than after the meetings had ended and everyone from the audience had gone home.  We at the Laguna Hills Watch Dog also commend Mayor Kogerman for her service to the community and applaud her for bringing so many citizen friendly changes as opposed to maintaining and defending the status quo. She epitomized the need for changes in city council members to bring new ideas and new life to a City while still maintaining a conservative government.)

ELECTION OF MAYOR - Council Member Dore Gilbert nominated Mayor Pro-Tem Andrew Blount.
VOTE was 5-0 in favor of Andrew Blount who is now Mayor Andrew Blount followed by applause from everyone including his wife, son and daughter in the audience.
Mayor Blount was given a plaque of recognition to much applause from the audience.

RECOGNITION OF OUTGOING MAYOR and RESOLUTION OF COMMENDATION, BARBARA KOGERMAN, MAYOR:

Mayor Blount offered the Certificate of Recognition to outgoing Mayor Kogerman and added his thanks for her service, recognizing Mayor Kogerman's Service to the City as Mayor of the City of Laguna Hills from December 11, 2012, through December 10, 2013. Barbara Kogerman, in addition to accepting the responsibilities of Mayor and faithfully fulfilling those duties and responsibilities has ably represented the City at local events throughout the region, and served on various boards including serving on the Civic Center Management Committee, League of California Cities Voting Delegate to Annual Conference, Operational Area Council (Emergency), and the Orange County Vector Control District.

During the year that Barbara Kogerman has presided as Mayor, the City adopted the 2013/14-2014/15 Biennial Budget; she presided at the City’s 2013 Memorial Day Half Marathon 10k/5k honoring the United States Marine Corps Dark Horse Battalion and from which a portion of the race proceeds were donated to the 3/5 Dark Horse Support Committee; she initiated the 2013 Veterans Day Observance Proclamation; served on the Ad Hoc Advisory Committee for the Police Services Study; and, among other notable actions, the City initiated the La Paz Open Space Improvements; installed Equestrian Trail Crossing Enhancements and Traffic Safety Improvements, began the Ridge Route Drive and El Toro Road Pavement Rehabilitation; and completed the Interstate 5 at La Paz Road Widening improvements; approved renovation and expansion of The Hills Hotel, of the Village at Nellie Gail Ranch, and expansion of social media, including the City’s first mobile device application.

The performance of her duties and responsibilities as Mayor has been characterized by excellent and constructive contributions to the lasting development of our City, earning the respect of her colleagues and creating a new “feeling” at the City Council meetings and greater attention to transparency and public engagement.

THE CITY COUNCIL OF THE CITY OF LAGUNA HILLS, CALIFORNIA, on behalf of all our citizens, does hereby express its appreciation and thanks to Barbara Kogerman, for her service to the community as Laguna Hills Mayor for 2013.

Mayor Andrew Bount told Barbara Kogerman what the Resolution of Commendation doesn't say is that she has been a terrific Mayor.  He added we are grateful to have had you for the last year, we've had a wonderful tone to our meetings, have been very professional, accommodated folks that come in, making people feel welcome in City Hall, and conducted City Business in a classy, wonderful way due to you. Much applause followed Mayor Blount's comment.

REMARKS OF COUNCIL MEMBERS REGARDING MAYOR KOGERMAN'S SERVICE TO THE CITY

Council Member Randy Bressette thanked outgoing Mayor Kogerman and noted that she had recognized so many residents, students and businesses this year and treated everyone with respect and attention making them feel welcome and important.

Council Member Melody Carruth thanked Kogerman and said she brought new style to the office of Mayor and a friendly atmosphere plus did a lot of working out in the community including at awards and special events.

Council Member Dore Gilbert said Barbara did an outstanding job and added he was so glad this council had the foresight to elect you as Mayor. You brought us all together and said he echos all the words that have been mentioned.

Mayor Andrew Bount said in retrospect over the last 12 months the top vote that I made was making Barbara Mayor.  She has given me a difficult path to follow with a lot of work and activity and we'll try to keep her engaged in some of those activities.

Outgoing Mayor Kogerman thanked each of the council members for their comments.

ELECTION OF MAYOR PRO TEMPORE

Council Member Carruth nominated Council Member Dore Gilbert who has brought honor to Laguna Hills, the spirit of volunteerism, whether he's wearing a military uniform or a school board trustee for over 30 years serving youth and parents, he's done and outstanding job and is certainly deserving of the honor.

VOTE was 5 - 0 in favor of Dore Gilbert becoming Mayor Pro-Tem followed by much applause from everyone!!

(** Editor's Note - The Laguna Hills Watch Dog also supports this vote for Dr. Dore Gilbert as Mayor Pro-Tem.  He is another valuable addition to the Laguna Hills City Council.  We applaud him for his infinitely valuable contribution to the 2013 City Council Meetings related to the 3 minute rule instigated to minimize long winded, convoluted, un-necessary, unfocused and/or vote gathering speeches in favor of organized, targeted and clearly worded questions and comments directly related to the item being considered.  This saved precious meeting time for council members, residents and businesses. This concept did not limit speech but focused it to make it worth hearing. The one suggestion we have for Mayor Pro-Tem Gilbert in 2014 is to speak more loudly, for the audience.  We value what he has to say and would like to always be able to hear him.  The other essential element he added to the council this year was congenial behavior on the dais. He admonished some council members by stating that we can't always get what we want but we can be respectful of others.  As the months went by in 2013 admonishments became less frequent as congratulations to council members for congenial meetings were earned and given.)

REMARKS FROM THE NEW MAYOR

Mayor Andrew Blount took over his new position and explained that this is a really big deal to him and it's a tricky thing because not only do you have to be elected by the residents but your fellow council members have to like you too or you may be on the council forever and never become Mayor. He added that it is now well known that he and his beautiful wife, Michelle, put up a lot of Christmas Lights and that led him here. He said he started on this path in 2008 when Michelle tried to burn the house down by plugging too many things in and they had to move from another house in San Clemente because of the damage.  Followed by big laughs from the audience, he continued that he put the lights out in 2008 on a small scale and some people came and enjoyed it.  In 2009 they moved to Laguna Hills to a great house in a terrific neighborhood. It had been a very tough year for a lot of folks so he felt he wanted to do something good for the community and put some lights up to put a smile on people's faces for free. Through those lights he met so many wonderful people. One of those people was Council Member Randy Bressette who was then Mayor of Laguna Hills, and he left his card.  Later Andrew called Bressette and was impressed by how friendly and encouraging Bressette was and began thinking about serving on the city council.  The next Christmas eventually rolled around and Barbara Kogerman showed up to see the lights and asked Andrew about running for city council.

Mayor Blount added, that what happens in a city is really important, because we make the laws that walk through your front door. If you have a law that directly affects where you live and the quality of your environment and things you see, hear and touch daily, chances are your city has made that law and if you have an issue you would go to the city to get resolution for that issue. The accountability is different in this office from other offices because you run into citizens everywhere in town and that  translates to instant accountability. It's nice to have people come over, to receive input, to get phone calls. We thrive on and cherish that input.  Huge thank you to our staff.  Staff is incredible, always here to help the council and the residents. He said Tom Behrens, our Chief of Police for Laguna Hills, taught him all about police services. He stressed that he appreciates all these people and ended with saying he is grateful to be here is humbled and will do his absolute best over the next 12 months to serve Laguna Hills. More Applause from everyone!!

(** Editor's Note - We at the Laguna Hills Watch Dog also welcome Mayor Andrew Blount.  He recognizes the need for accountability to the citizens and is continuing the citizen and business friendly atmosphere.  In his comments below under "Council Member Comments" he had already invited Laguna Hills' businesses to council meetings to give input to the council and residents about their businesses including suggestions re. modifications or changes the City can make. We at the LH Watch Dog also thank Mayor Blount for always being able to hear what he says loudly and clearly without any microphones that may or may not be working! That's essential for us and an essential aspect of transparency for residents.  We have also greatly appreciated that over the past year his ability to keep his comments brief, targeted on the issue, organized and clearly worded - all aspects of communication that we have found to be rare in politics.  We have experienced his good heart as well as his intelligent mind and congratulate Laguna Hills residents for recognizing that in electing him.)

CLOSED SESSION REPORT
City Attorney Greg Simonian announced there was nothing to report on
Initiation of litigation for 1 potential case  or on the PUBLIC EMPLOYEE PERFORMANCE EVALUATION/CITY MANAGER'S ANNUAL PERFORMANCE EVALUATION.

PRESENTATIONS and PROCLAMATIONS:

Item 1.1 -  REPORT FROM LAGUNA HILLS HIGH SCHOOL  LIAISON - Kerstyn Gonzales

FUND RAISERS: Shopping online at www.escrip.com and enter the online mall to do your holiday shopping.  The stores that are part of the online mall include: Nordstrom's 5.7%, Sephora 4.2%, Petsmart 4.8% Apple iTunes 3%, and Magazineline, who gives a whopping 18% and they have gift ideas for the whole family, from Cosmopolitan, Men's Health, and Martha Stewart Living to National Geographic Kids.  AND, if nothing else, you can shop at Amazon for a 2.4% contribution to the school!  As long as you’re going to spend it anyway, please help the school out at the same time – effortlessly! and portions of the proceeds go back to LHHS.

NEWS: The LHHS Choir performs on 12-11-13 for $10 a ticket and has a free performance with Caroling on 12-19-13 where the food truck is located in the school's parking lot from 5:00 to 8:00 pm. 
LHHS Music program is hosting their Annual Holiday Concert on Friday 12-13

SPORTS: The LHHS Varsity Wrestling Team has been voted # 1 in Orange County for the past 8 consecutive seasons.  You can support this team by attending the Annual Dinner Duel on Jan 15, 2014 at 6:30 pm.  Dinner and admission $30. Contact LHHS to get your ticket order form from LHHS or download it from the Friday Dec. 13, 2013 HAWK HAPPENINGS.  
Girls' Water Polo won against Tesoro last week
Happy Holidays, Have a Wonderful Year and GO HAWKS!

** 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 - Recognition of Judy Baber on the Occasion of her retirement.

Judy's Certificate of Recognition and Plaque were awarded to her by Mayor Blount who said Judy Baber was first hired by the City in 1999 and began serving as Administrative Services Secretary/Receptionist. After six years, Judy was asked to take  over the Administrative Assistant responsibilities for the City Manager, the Administrative Services Department and the City Council. In 2011, Judy received her fourth promotion to her current title of Administrative Assistant to the City Manager.  Judy has decided to retire, effective December 13th. Therefore, it is in order to present her with a Resolution and City Tile Plaque, recognizing and commending her for her outstanding service to the City of Laguna Hills.

Judy Baber thanked everyone and said she truly enjoyed working with each council member.  She thanked the City Manager and Assist. City Manager and said it was a joy to come to work in a professional environment.  She said she had lots of support from the staff and management. Co-workers helped so much. City Manager Channing said we will miss Judy. Council Member Bressete added Judy was a Godsend and asked that she come back to visit any time. Council Member Carruth echoed the views of others and said Judy was always there to serve.

** PUBLIC COMMENTS:  NONE
(Mayor Andrew Blount continued Mayor Kogerman's  practice of advising the residents that they are not required to give their names and addresses)

CONSENT CALENDAR and WARRANT REGISTER

Item 3.3 - Warrant Register  - $251,146.10

** Items pulled from the Warrant Register - payment of $9,981.25 to the ACCOC

** Items pulled from the Consent Calendar: Items 3.4, Item 3.10 and Item 3.11

Council Member Kogerman pulled item 3.3 from the Warrant Register to go on record oppose this payment and to register her objection related to ethical concerns about the payment of $9,981.25 to the ACCOC (Association of CA. Cities) regarding ethical concerns about this organization and related to our City paying for both the League of Cities and the ACCOC.

Council Member Kogerman pulled Item 3.4 to suggest the Budget Workshop on Aug. 26 and suggestion for a council meeting on November 10, after the 2014 Elections to close that long gap.

Mayor Blount pulled Item 3.10 for Highlights of the Comprehensive Annual Financial Report (CAFR) from Assist. City Manager Don White.

Item 3.11 was pulled by the City Attorney as a technicality to register Mayor Blount's no vote on that item.

VOTE the Consent Calender was passed with one No vote from Council Member Kogerman on the Warrant Register Payment to the ACCOC and one no vote by Mayor Blount on the Consent Calendar item 3.11

Item 3.4 - 2014 City Council Meeting Schedule

CALENDAR FOR 2014 LAGUNA HILLS' CITY COUNCIL MEETINGS

January 14, 2014 - Regular City Council/Planning Agency Meeting
January 28, 2014 - Regular City Council/Planning Agency Meeting
February 11, 2014 - Regular City Council/Planning Agency Meeting
February 25, 2014 - Regular City Council/Planning Agency Meeting
March 11, 2014 - Regular City Council/Planning Agency Meeting
March 25, 2014 - Regular City Council/Planning Agency Meeting
April 8, 2014 - Regular City Council/Planning Agency Meeting
April 22, 2014 - Regular City Council/Planning Agency Meeting
May 13, 2014 - Regular City Council/Planning Agency Meeting
May 27, 2014 - Regular City Council/Planning Agency Meeting
June 10, 2014 - Regular City Council/Planning Agency Meeting
June 24, 2014 -  Regular City Council/Planning Agency Meeting
July 8, 2014 - Regular City Council/Planning Agency Meeting
July 22, 2014 - Regular City Council/Planning Agency Meeting
August 12, 2014 - Regular City Council/Planning Agency Meeting
August 26, 2014 -  Regular City Council/Planning Agency Meeting -  Preceded by 2 hour budget workshop
September 9, 2014 - Regular City Council/Planning Agency Meeting
September 23, 2014 - Regular City Council/Planning Agency Meeting
October 14, 2014 - Regular City Council/Planning Agency Meeting
October 28, 2014 - Regular City Council/Planning Agency Meeting
November 4, 2014 Election Day
November 10, 2014 - Possible City Council Meeting - to be announced if needed.
November 25, 2014 - Regular City Council/Planning Agency Meeting
December 9, 2014 - Regular City Council/Planning Agency Meeting

Item 3.5 -  AFFIRMATION OF APPOINTMENTS LIST FOR ALL CITY BOARDS, COMMISSIONS AND COMMITTEES - In order to provide access to information regarding vacancies which occur on local boards, commissions, and committees, Government Code Section 54972 requires that each legislative body prepare a Local Appointments List on or before December 31st of each year, consisting of:
· A list of appointive terms, which will expire during the next calendar year, with the name of the incumbent appointee, the date of the appointment, the date the term expires, and the necessary qualifications for the position.
· A list of all boards, commissions, and committees whose members serve at the pleasure of the legislative body and the necessary qualifications for each position.
In Laguna Hills this includes the  TRAFFIC COMMISSION AND THE PARKS AND RECREATION COMMISSION

Item 3.6 - APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION OF PURCHASE OF EQUIPMENT FOR THE INSTALLATION OF A RECTANGULAR RAPID FLASHING BEACON (RRFB) SYSTEM AT TWO EQUESTRIAN TRAIL CROSSINGS FOR USE AT THE EQUESTRIAN TRAIL CROSSINGS OF NELLIE GAIL ROAD 500 FEET SOUTH OF OSO PARKWAY AND NELLIE GAIL ROAD 200 FEET NORTH OF LOST COLT DRIVE.

FISCAL IMPACT - The cost to purchase two sets of RRFB systems is approximately $11,000. The estimated cost of the installation of the two RRFB systems is approximately $2,500. Funds are available for this work in the Fiscal Year 2013-2014 Public Works Maintenance Budget.

Item 3.7 - 1st AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT SERVICES CONTRACT FOR ALISO MEADOWS REHAB. PROJECT EXTENDING THE TERM THROUGH JUNE 2014 AND ALLOCATING AN ADDITIONAL $80,000 FOR FISCAL YEAR 2013-14, the City of Laguna Hills was awarded $80,000 from the County to rehabilitate up to six units in the complex. On September 10, 2013, the City Council authorized an amendment to its contract with the County for the City’s Housing Rehabilitation Project with the County to authorize a one year contract term extension so that the City could receive the additional $80,000. In order for the Homeowners Association (HOA) to be eligible to utilize the $80,000, an existing  agreement between the City and the HOA must be amended to extend the term of the Agreement with the HOA and include the additional $80,000 the City is receiving from the County of Orange.

Item 3.8 MEASURE M2 EXPENDITURE REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2013
SUMMARY: With the passage of Renewed Measure M (M2), local agencies must demonstrate eligibility and follow safeguard requirements, in order for local jurisdictions to receive M2 fair share and competitive program funds. The Orange County Transportation Authority’s (OCTA) identifies the eligibility and safeguard requirements that must be met. One requirement under the M2 Ordinance is that each local agency must adopt and provide an expenditure report (in the form provided by OCTA) to OCTA each year within six months of the end of the local jurisdiction’s fiscal year to account for M2 funds.

Item 3.9 ANNUAL REVIEW OF THE CITY'S INVESTMENT POLICIES AND DELEGATION OF INVESTMENT AUTHORITY TO THE CITY TREASURER - Assistant City Manager Don White - Annual written Investment Policies at a Public Meeting are Required by State Law as well as the delegation of authority to invest funds to the City Treasurer for only one year at a time.  You can see the City's 2014 Investment Policy on the city web site under the Agenda for this meeting in the Supporting Materials for this item 3.9

Item 3.10 - PRESENTATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2013 - SUMMARY: For the past twenty years, the City has operated with an Audit Committee to oversee the audit process and review the findings with the Auditor. For the audit of fiscal year 2012/13, the City’s Auditors reported that there were no material weaknesses in the City’s internal control structure. The certified public accounting firm of Moss, Levy and Hartzheim, LLP, who was engaged by the City to perform the audit of the City’s financial statements and internal control policies and procedures, rendered an unqualified opinion on the City’s FY2012/13 financial statements. You can see this report on the city web site under the Agenda for this meeting in the Supporting Materials for this item 3.10.

Item 3.11- 2nd READING AND ADOPTION OF AN ORDINANCE APPROVING AND ADOPTING AMENDMENTS TO THE MUNICIPAL CODE TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES IN ALL ZONING DISTRICTS AND REVISE THE DEVELOPMENT CODE COMPLIANCE POLICY. You can see this report on the city web site under the Agenda for this meeting in the Supporting Materials for this item 3.11.

Item 3.12 - AGREEMENT WITH THE COUNTY OF ORANGE DISTRICT ATTORNEY'S OFFICE FOR [PROSECTUION SERVICES - The City of Laguna Hills has contracted with the County of Orange, District Attorney’s Office for prosecuting municipal code violators. Most of the violations are prosecuted by the City Attorney’s Office; however, the District Attorney is a viable alternative for some specific cases.
FISCAL IMPACT: Expenditures for prosecution efforts will either be charged to legal services or code enforcement. Sufficient funds have been budgeted in both of these accounts.

Consent Calendar Item 3.10 Highlights from Assist City Manager Don White - COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDED JUNE 30, 2013 - Don said the City's finances finally turned the corner in this last fiscal year after about a 6 year long recession. In the past FY the City's tax revenue's were up 5% over the prior year, and at their highest levels since 2009 but were still about 8.4% below 2006-07.  Operating Expenditures have been curtailed over the past 5 year. In 2008-09 the operating budget was about $18 million and this year about $17 million.  Also there is a 24% increase in the City's General Fund Balance which is the highest since 2009.  The increase is largely attributable to to the sale of the Moulton-La Paz parcel of land to the developer of the remodeled shopping center there. This is also after the City's payment of over half a million dollars to the PERS (Public Employee Retirement System) fund to pay down the City's unfunded liability.  He said we need to closely monitor the budget going forward but now have employees paying a portion of their share of their retirement plan and health care plans for the first time. We are also undertaking a Police Services Study and issued an RFP for Maintenance.  Re. revenues there is the Moulton La Paz remolded shopping center under construction, Oakbrook Village that will be pulling permits this Spring, the Laguna Hills Mall redevelopment coming as well.

** 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 - 2nd READING OF ORDINANCE ADOPTING THE 2013 CALIFORNIA BUILDING STANDARDS CODE AND THE 2013 EDITION OF THE FIRE CODE AND THE 2012 EDITION OF THE INTERNATIONAL SWIMMING POOL CODE
PUBLIC COMMENTS - NONE
This was the 2nd reading of this ordinance.  There were no questions or comments.          VOTE was 5 - 0 to Adopt the Code

ADMINISTRATIVE REPORTS

Item 6.1.1 - THE CITY MANAGER'S 2013 YEAR END REPORT -
The report highlights a number of accomplishments, including the completion of the La Paz Widening at Interstate 5, the sale of the Laguna Hills Mall, the approval of redevelopment projects in several centers such as Oakbrook Village and the Village at Nellie Gail, the economic revitalization occurring throughout the City, and numerous community development projects. During 2014, the City will embark on a number of new projects including the completion of the Moulton-La Paz Open Space renovation, the 2014 General Municipal Election, Police Services Study and facilitating the redevelopment of several existing shopping centers. You can see the full report on the city web site under the Agenda for this meeting in the Supporting Materials for this item 6.1.1. City Manager Channing added that the City has not had to dip into its reserves during any of the years of the recession.  He said that we should be able to return to the levels of reserves that we've held in the past and the margins in the operating budget that you adhered to in your conservative fiscal policies.

6.2.1 -  CITY COUNCIL'S  APPOINTED REPRESENTATIVES TO "OTHER AGENCIES"
As a regular practice during the December City Council meeting, the City Council reviews the “Other Agencies” list of Commissions, Boards, Committees, etc., to which it appoints individuals to represent the City during the forthcoming year, and Form 806 is used to report additional compensation that officials receive when appointing themselves to positions on committees, boards or commissions of a public agency, special district and joint powers agency or authority.

CITY OF LAGUNA HILLS CITY REPRESENTATIVES NAME OF AGENCY/COMMITTEE REPRESENTATIVES for 2014 are:

Association of California Cities - OC Delegate: Mayor Alternate: Mayor Pro Tempore

Audit Committee - Channing, Bressette, Blount

Civic Center Management Committee - Kogerman, Gilbert, Channing, White
City Manager Channing told the council that he didn't believe this committee needed and elected representative on the committee any longer. Mayor Pro-Tem Gilbert agreed. Council Member Bressette disagreed. It was agreed that this would come back for discussion in January. There were no changes made.

Coastal Greenbelt Authority Representative: Carruth

Laguna Canyon Foundation Advisory Council Representative: Blount
Mayor Blount told us he must have been a terrible representative because he does not recall doing anything. Blount asked for anyone else was interested and no one responded so he said he would continue doing his duties here to laughs from the audience.

League of California Cities Voting Delegate to Annual Conference Delegate: Current Operational Area Council (Emergency) Representative: Current Mayor Alternate: Current Mayor Pro Tempore

Orange County Fire Authority Director : Bressette, Alternate Director: Gilbert  (**OCFA paid $100 per meeting in 2013)
Mayor Pro-Tem Gilbert noted that when the council nominated Council Member Bressette for this position last year he had indicated that he would like to assume that position in the following year, however, Bressette has done an outstanding job on this committee.  Gilbert continued that this is going to be a pivotal year for the OCFA with negotiations coming up and Bressette is aware of all the players, so Gilbert withdrew his desire to be the Director and said he would continue to be the alternate again for 2014. Bressette thanked Gilbert for that and said he is the Vice Chair of Budget and Finance on the OCFA Board at this time.

OC Public Libraries Library Advisory Board Representative: Blount Alternate: Gilbert
Mayor Blount told us he went to meetings of the Library Advisory Board and sat and listened but they really don't want your input. He asked if anyone else was interested and having no takers he said, "Perhaps I should have sold it a little better than I did."  Everyone laughed!   

Orange County Vector Control District Trustee Member: Kogerman
OC  (**Vector Authority paid $100 per meeting in 2013) 
Council Member Kogerman said this is an important Board and she has learned a lot because you are not talking just about pests but pests that carry disease. She also mentioned there is a problem with mosquitos in a couple of the ponds around Moulton and staff has been following up on that.

South Orange County Watershed Management Area Executive Committee Member: Carruth,  Alternate: Mayor 
Council Member Carruth tried to sell this one but there were no takers.

Southern California Association of Governments (SCAG) Delegate: Blount  Alternate: Gilbert  (**SCAG paid $120 per meeting in 2013)


Transportation Corridor Agency -San Joaquin Hills Transportation Corridor Agency Director: Carruth,  Alternate Director: Kogerman
(**TCA paid $120 per meeting in 2013)
TCA was the only contested position. Carruth was the representative in 2013 and said she wanted to keep that position.  Kogerman also was interested in that position. The end result was that Bressette dropped out as the 2013 alternate allowing the alternate position to be assumed by Kogerman. Mayor Pro-Tem Gilbert suggested allowing Carruth one more year, so vote for her to stay for 2014 and then vote for Kogerman to be in that position the next year. Council Member Kogerman accepted Mayor Pro-Tem Gilbert's suggestion and Mayor Pro-Tem Gilbert responded that Council Member was one of the most elegant and lovely people to work with and he appreciated the attitude that she brings.  Kogerman responded, "Thank you and I accept that apology" resulting in hearty laughter from the audience.

Item 6.3.1 - NOISE CONSULTANT CONTRACT FOR PEER REVIEW SERVICES RE. THE APRIL 2013 NOISE STUDY REPORT FOR THE I-5 WIDENING PROJECT.

Item 6.3.2 - APPROVAL OF A PROPOSED LEGAL SERVICES RETAINER AGREEMENT WITH THE LAW FIRM OF COX, CASTLE AND NICHOLSON LLP FOR THE PURPOSE OF INITIATING LITIGATION AGAINST CALTRANS AND THE OCTA FOR MATTERS RELATED TO COMPLIANCE WITH THE CEQA CONCERNINGTHE PROPOSED I-5 WIDENING PROJECT AND APPROVING AN INITIAL BUDGET TRANSFER OF $250,000 FROM CAPITAL PROJECTS FUND FOR LITIGATION EXPENSES.

SYNOPSIS OF THIS ISSUE FROM THE PREVIOUS COUNCIL MEETING
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 was to ensure that 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 had already identified and commented on what it believed were deficiencies in the project’s approach to the environmental analysis and in the proposed mitigation of noise impacts.

The Final Motion from the November 26, 2013 Council Meeting received a Vote of 4 - 1 (the no vote was Council Member Gilbert) in favor of the option to continue, to the Dec. 10 closed session, the discussion of hiring an attorney and to agendize the contract for a noise consultant including costs for the City's 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.

The issue is the omission of sound walls around Aliso Creek, which is County of Orange Property, and around Christina Court in Laguna Hills.

A brief history of this issue from the Nov. 26, 2013 council meeting was given by Ken Rosenfield, Director of Public Services, who said in 1992-94 widening of the I-5 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. In 1994 there was an OCTA 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. They justified sound walls from North of Alicia Pkwy. to Aliso Creek, so they built that sound wall with OCTA funds on the property lines of the participating homeowners.  At the time the homeowners along Christina Court could have sound walls built along their property lines, but they didn't want the sound walls on their property lines, they wanted them at the freeway edge for a number of reasons including their enjoyment of their view of Aliso Creek. They were advised at that time that 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.

David Chantarangsu, Director of Community Development Director, explained that there are 2 options here re. Noise Consultants. 
Option 1. To retain an Noise Consultant that will essentially review and check CaTrans' methodology, and process, looking for flaws. 
Option 2. To retain a Noise Consultant to do noise readings to substantiate any flaws in CalTrans process.

Council Member Bressette asked if there were differences in the 2 candidates recommended by staff for Noise Consulting? 
Chantarangsu responded that Ricon is more CEQA (California Environmental Quality Act) oriented firm they perform an environmental analysis in a CEQA format.
AGI are more technical experts related to expert technical testimony and expert witnesses.
Chantarangsu continued that AGI Review base price was approx. $7,000 and for Ricon it was $10,076 and staff recommends adding an additional $35,000 for Ricon if you wanted them to provide their own noise analysis.

PUBLIC COMMENTS - Cia Maglanata (sorry we couldn't get the spelling of this name) was the only homeowner, from Christina Court who spoke on this issue.  She said she moved here in 1991 and since then another lane of traffic was added to the freeway. There was a proposal to build a sound wall on our property line which would put us in a cave and help no one else on the street. Through that process there were some monitors put in our back yard, but with this new proposal there wasn't anything done. Nobody came and asked, they didn't do any measurements anywhere close to where we are and we directly back the freeway.  She added she hoped they would take a look at this issue because the whole rest of the street and the birds and such that are in the creek and on the trail.  She added we're on the north side of the freeway and a few years ago they built sound walls on the south side of the freeway.  In response to questions from Mayor Bllount she said they are the closest of all the houses in that area to the freeway and another neighbor also backs to the freeway and they're closer to the creek entrance and she does hear the noise from the freeway.

Council Member Bressette suggested continuing this item until we have discussed the next item which is approval of legal services.
The discussion proceeded to the next Item the proposal of a legal services retainer for Cox, Castle and Nicholson, LLP for the purpose of initiating litigation against CalTrans and the OCTA I-5 widening project and approving and initial budget transfer of $250,000 from Capital Projects Fund for litigation expenses.

Chantarangsu repeated that the staff had provided a list of written comments to CalTrans and OCTA with respect to the I-5 widening project identifying a number of potential flaws including the omission of sound walls around Aliso Creek Trail and Christina Court. Staff has discussed the issue with OCTA staff and CalTrans and it's unclear how CalTrans and OCTA will proceed related to addressing those concerns. Staff identified that engaging legal counsel may be a way of creating leverage to get OCTA and CalTrans to come to the table.  Mayor Blount added that this was their topic of discussion during closed session earlier today.

Council Member Kogerman asked City Attorney Simonian, if we fail to prevail in court would it be likely that we'd be asked to pay for the other side's court costs and legal fees?  City Atty. Simonian responded that he cannot answer that question related to the fact that his law firm (Woodruff, Spradlin & Smart) has a conflict of interest (due to this firm also representing OCTA) and has to defer to special counsel.

Mayor Pro-Tem Gilbert asked if interested residents could bring their own litigation against CalTrans?  Is it necessarily our responsibility to do that?  City Manager Channing responded that this is a very expensive proposition for individuals and Council Member Carruth expressed that this is the responsibility of the City not individuals.

In response to a question from Council Member Bressette, David Chantarangsu, Community Development Director, said CalTrans has indicated that they intend to provide written responses in February to our comments. The City would then have about 30 days to initiate litigation or about 60 days from now. CalTrans has indicated that they would accept late comments from us under a separate category. There is also a concern if we waited too long to provide further comments they may discount them.

Council Member Kogerman asked City Manager Channing if there has been any movement from these agencies in response to our concerns related to the threat of a noise study of our own and litigation, if that was something he could share with us?  City Manager Channing said No. He added he has had conversations with both the OCTA exec. director and the District 12 exec. director and came away with a little more optimism that they hear our concerns over the need for a sound wall.  He said he thought it advisable to enter into an agreement with special counsel and look to that counsel to hire a noise consultant and get all the pieces in place.

Council Member Carruth asked if the $250,000 would be broken into components if there was not a need to use all of it.  Did you get a sense of what those costs would be?  Channing answered we are likely to incur $25,000 to $50,000 without filing litigation, but just to get the attorney's serious involvement in this case. That is not counting the cost of the noise consultant. Kogerman asked if we'd be better served, related to leverage, by authorizing staff to enter a legal agreement and get attorney feedback about a noise consultant. Channing responded It would be beneficial if you authorized staff to enter into the agreement and authorize the transfer that would be distinct from directing staff to do either one of those things. Staff could come back to you at appropriate times for additional direction re. costs. Chantarangsu also agreed to a law firm choosing a technically qualified noise consultant as long as the cost was similar.  Bressette asked if the Transfer of $250,000 required a budget amendment.  Channing answered, Ultimately, Yes.

Mayor Pro-Tem Gilbert advised that we are at about $295,000 with an attorney, legal action and a noise engineer. How would we know that more and more money would not be needed? How would we know when to stop?  City Manager Channing responded once you're committed that much you are probably all in as it would be tough to pull back from the 11th hour.

Kogerman asked if what we'll be winning by going to court is the opportunity to have a 2nd environmental impact report and we may not get a report that agrees with the City. Channing answered, Yes, that's generally correct. You are challenging the existing environment impact report.  Kogerman asked have already accomplished our goal by doing what we've done so far or would it be more prudent to hire a law firm?  Channing advised of the need for the City to a carrying big stick in this and the need for continued conversations.  Bressette asked for an estimate of the legal costs up to the time that we may need to make a decision to begin litigation. Channing answered that the legal costs up to that point are relatively small, but we may not have the luxury of time following the actions of CalTrans and OCTA to post their comments and allow for input from all the interested parties. This time could be shorter or longer than 30 days but may not be enough time engage services of a noise consultant to do the needed study for litigation. He added that the utilizing the chosen law firm to hire the noise consultant maintains confidentiality of the work of the consultant.

Council Member Melody Carruth commented that she thinks a few of us have never played Poker before on this council about revealing strategies as we have done so tonight, then asked Channing if he felt confident that if legal council manages the contract for the noise study we're not going to lose any time and be completely prepared. Channing responded, If you authorize me to retain outside legal counsel, yes.

City Attorney Greg Simonian scripted a possible motion from the information so far -The City Council proposes a legal services retainer agreement with the law firm of Cox, Castle to serve as special legal counsel to the city and authorize the City Manager to execute the retainer agreement as well as to authorize special counsel to retain a qualified expert noise consultants as needed.
Bressette and Carruth agreed that this is the City's obligation and responsibility.

Bressette moved the motion from the City Attorney and added that the council authorize $250,000 be transferred from the Capital Project's fund to litigation expenses. Carruth seconded the motion and said we could rely on the City Manager to make sound decisions with our money.  Kogerman said we are talking about a neighborhood not just 2 homes and agreed that the noise study was not fair as noted by the lady from Christina Court who said there was no monitoring in her back yard.  Mayor Blount commented that $300,000 is a lot of money for our City. We don't have a big budget but agreed that the City Manager is capable of managing numbers much larger than that.
VOTE was 5 - 0 in favor of the City Council proposing a legal services retainer agreement with the law firm of Cox, Castle to serve as special legal counsel to the city and authorize the City Manager to execute the retainer agreement as well as to authorize special counsel to retain a qualified expert noise consultants as needed.

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

CITY COUNCIL MEMBER COMMENTS:

Council Member Bressette thanked Team Dark Horse, the 3/5 Committee for their efforts in putting on a great Christmas Show for the kids of the 3/5.  The committee gathered hundreds of toys, worked tirelessly though the rain and through security on Saturday Morning.  They had a lot of volunteers and made a lot of kids smile and should be very proud of that.  Bressette also said they he spent a 12 hour shift with Fire Station # 22 across the street.  He reported that they took 13 calls on mostly the Paramedic Engines and especially noted how compassionate the Paramedics are as well as knowledgeable and professional and concluded they are a great team!  Bressette also wished a Happy Birthday to the City of Laguna Hills that is 22 years old on 21-20-13.

Council Member Kogerman commented on the marvelous showing for the City of Laguna Hills by Mayor Blount's family on National Television for our community related to their participation in ABC TV's "Great Christmas Light Fight" show.  She said if Laguna Hills wasn't already on the map we are now. Mayor Blount is bringing joy and prestige to our community and putting smiles on a lot of faces.  She added, Job Well Done! and thank you for what you do.

Mayor Blount thanked Council Member Kogerman for her comments and said he'd like to add something to the council meetings, he'd like to have a brief report that comes from a business in town, including new businesses, at each council meeting, about a 5 to 10 minute report, to the council about what they do, why they like being in Laguna Hills, and give us any suggestions they have for us any thing we need to modify or change, how many employees they have, etc. He said he feels that would be a great opportunity to meet new businesses and get all businesses more involved with the city council and the business of the city.  He added if anyone has an suggestions for businesses to do this give those suggestions to Don White who will coordinate. He also said, " Thank you for this opportunity to be your Mayor for the next 12 months." He added this is fun, and when he looks at his career and what he's done being part of the City Council is absolutely number one!  "I love it!"

CLOSED SESSION CONTINUED

The Next regular City Council Meeting is Tuesday, January 14, 2014 - 7 pm, at City Hall - The last meeting for this year and Happy Holidays to EVERYONE from the Laguna Hills Watch Dog!!!

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.

================================

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:

** We did not grade the Vote related to the Sound Wall Issue yet because we are not privy to the information from the closed session and although we are a citizen oriented blog, but have serious doubts about entering into an agreement for legal representation related to sound walls on the I-5 freeway level when the City is looking at spending $300,000 or more for up to 5 homes plus Aliso Creek trail users at this point because:
1. We were told by Ken Rosenfield  at the Nov. 26, 2013 City Council Meeting and other City Staff that sound walls at the freeway level would not decrease the noise for these homes above the freeway.
2.  We were told by Ken Rosenfield and other city Staff that we would have little chance of winning in this type of action related to multiple reasons spelled out at the Nov. 26, City Council Meeting. 
3. Only one resident/homeowner from the target area came to a council meeting and spoke for a sound wall located at freeway level.
4. Aliso Creek is County of Orange Property so why should the County of Orange not be at least a paying partner in any agreement for legal representation in this matter?

Blount 
P for Vote for Andrew Blount for Mayor
P for Vote for Dore Gilbert for Mayor Pro-Tem
P for Vote to adopt the updated State Building Codes, the updated Fire Codes and the Updated Swimming Pool Codes.  

Bressette
P for Vote for Andrew Blount for Mayor
P for Vote for Dore Gilbert for Mayor Pro-Tem
P for Vote to adopt the updated State Building Codes, the updated Fire Codes and the Updated Swimming Pool Codes.

Carruth
P for Vote for Andrew Blount for Mayor
P for Vote for Dore Gilbert for Mayor Pro-Tem
P for Vote to adopt the updated State Building Codes, the updated Fire Codes and the Updated Swimming Pool Codes.

Gilbert
P for Vote for Andrew Blount for Mayor
P for Vote for Dore Gilbert for Mayor Pro-Tem
P for Vote to adopt the updated State Building Codes, the updated Fire Codes and the Updated Swimming Pool Codes.

Kogerman
P for Vote for Andrew Blount for Mayor
P for Vote for Dore Gilbert for Mayor Pro-Tem
P for Council Member Kogerman for no vote for the ACCOC until that organization can assure us of no political interference with the workings of colleges, universities and other institutions.
P for Vote to adopt the updated State Building Codes, the updated Fire Codes and the Updated Swimming Pool Codes.

City Manager - Nothing this time.

** INFORMATION, COMMENTS QUESTIONS and CONCERNS from Watch Dog Readers since the last council meeting: ABOUT: High Cost for City Manager;  Building Heights at La Paz and Moulton Shopping Center remodel;  Mayor Pro-Tem Blount's Christmas Decorations and Great Light Fight;  Sound Walls and Notification to Residents, Parking Problems for Residents;  Recognition of Community Members;  Question re. Delays with LH Watch Dog reports and answer from LH Watch Dog

ABOUT: High Cost for City Manager
Anonymous said...
How much money is it going to cost us this time for professional consulting services just to end up giving that City Manager more money than he is worth?  There must be someway to replace that guy.

ABOUT:  Building Heights at La Paz and Moulton Shopping Center remodel
Anonymous said...
Has anyone noticed the heights of the buildings being erected in the shopping center remodel at La Paz and Moulton? These heights are just decoration that's allowed to ruin the views of citizens who have lived there for all these years and paid extra for those views. When Carruth and Bressette said recently that they are there to protect citizens as well as businesses that must have been something they decided after they approved this construction and when they were planning their re-election strategies for next year. They only seem to jump in to try to look good for citizens after they know a cause is lost like this one with the sound walls.

ABOUT: Mayor Pro-Tem's Christmas Decorations
Anonymous said...
My family and I look forward to Bount's House's Christmas decorations every year and really enjoy them. It's probably a traffic problem for the neighbors but it's a great service for the community. We'll be watching tonight and hope he wins.

Anonymous said...
I watched the Great Christmas Light Fight and congratulations to our Mayor Pro-Tem Andrew Blount for putting our little city on the map for the whole country to see last night.  He may not have won the $ prize from the show but sure got great positive press for our City.  He did an amazing job with his lights display and for our city!  Very nice to see and hear Mayor Kogerman there supporting the Blount's as well.

Anonymous said...
Hey Watch Dog, tell Andrew and Michelle that was incredible last night.  The money from the TV show went to the more traditional display but his lights and music were amazing!!

Anonymous said...
Loved the ABC TV Christmas lights show last night.  I really appreciate that a member of our city council and his wife creates this for our citizens and creates great publicity for our city as well.  We're proud to have the Blounts in our community.
 
Anonymous said...
We recorded the Christmas Light Fight last night and loved it!  The Blounts did a wonderful job!  Their light display was amazing and it all paid off big time for the City as well as for the residents. We can't remember our City ever having this kind of positive press, and certainly nothing that spanned the whole country. The Blounts are the big winners for residents and for the City.  All their hard work was worth it and we really appreciate all that they do!!!

ABOUT: Sound Walls on the I-5
Anonymous said...
I feel bad for the people in the community that need sound walls but have to agree with Councilman Gilbert and the city staff that fighting CalTrans, who has all the options, would be a very expensive lost cause.

Anonymous said...The council did not seem to consider that if they sue CalTrans and lose they will be paying more that their attorney fees, they will probably also be stuck with paying the attorney fees for CalTrans so they will end up paying a lot more than the $200,000 they were thinking was already too much. They need to look at that part of the equation as well.
ABOUT: Notification to residents of issues that affect them
Anonymous said...I'm not surprised that the city didn't notify the residents who need sound walls of the discussion at this council meeting but why didn't council members Bressette and Carruth let them know, especially if they feel so "passionate" about this issue?

ABOUT: Parking Problems for Residents
Anonymous said...
When there's a parking problem for residents of a Laguna Hills Apartment building, the City always drags it's feet and blames the County by saying they City was unincorporated when the apartment structure was built. That may be true but the City has a responsibility to its residents to help when needed so why does everything have to take so long when the city could designate additional parking on streets in the area as needed?

ABOUT: Recognition of Community Members
Anonymous said...
I appreciate the recognition of all the community groups and individuals in Laguna Hills by our Mayor this year. I don't remember this happening in the past and it's a good feeling of community. We need this to continue.

ABOUT - LH Watch Dog Delays
Anonymous said...
Why did it take so long to get the Watch Dog blog published this time?

From Laguna Hills Watch Dog - We apologize for the recent delays in publishing the City Council Meeting Reports.  The only excuse we can really give is too many things going on at the same time and thanks for hanging in there with us.

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

** Our Thanks to Cathy Koperek, for the 1st Newsletter from the Team Dark Horse Committee being launched in November.  If you want to receive this free and informative newsletter by e-mails,  please contact Cathy at cathykoperek@gmail.com   and request it.

Team Dark Horse says THANK YOU, **BE SURE TO GO TO THE TEAM DARK HORSE web site at  http://teamdarkhorse.org/  to SEE EVENT PHOTOS and to SEE HOW YOUR DONATIONS ARE HELPING.

*** The Team Dark Horse Collection of Toys and Gifts for the 3/5 Marines and their families was a huge success thanks to the generosity of Laguna Hills Residents and to Residents from Surrounding Communities, to Behr Paints and the Laguna Hills' Businesses that sponsored the Team Dark Horse Holiday Toy/Gift Collection boxes in their places of business as well as Mariner's Church and the Team Dark Horse Volunteers.  The Christmas Holiday Party that was held on Saturday, Dec. 7, 2013 in an Airplane Hanger in Camp Pendleton.

There were plenty of toys and gifts this year including bicycles and one child size Jeep that were all given to 3/5 Marine children holding winning tickets that were drawn from tickets deposited by all the children in attendance.  Aubrey, a very sweet wide eyed little girl about 8 years old, who found it hard to believe her good luck, won the Jeep and told us that she'd chosen it because she wanted to drive her 3 year old sister around in it. She explained that she had driven one when she was little and wanted to give her little sister the same great experience she'd had.  Other children won bicycles that ranged from 10" models with training wheels to 20 inches for both boys and girls. The rest of the toys filled 6 tables and ranged from tiny metal cars to remote controlled trucks and helicopters, with most every imaginable toy, game, puzzle, doll, piece of sports equipment, stuffed toy animals of all sizes, hoola hoops, backpacks, etc. in between, including one 53 inch stuffed Panda Bear that was a bit taller than the little girl who selected it. Once that little girl found her Panda we noticed that her family and some friends tried to persuade her to look at other toys before making a final decision, but there was no dissuading her, once she had given that bear a big hug.

The toddlers were so much fun to watch because each of them would choose the first brightly colored toy they saw, and if their parents showed them something else they were equally as happy with whatever they were shown. There were no tears or tantrums, no complaints, only happy faces, wide eyed children and grateful parents who brought so much joy to all the Team Dark Horse Volunteers who assisted at the party and we hope knowing how much your gifts were appreciated will bring joy to all of you who donated as well.  Every year is different but we observed that the boxes of diapers and baby wipes went fast this year!

The enormous hanger where the party was held was cold and a bit gloomy inside with its enormous metal walls and ceiling and its huge wide open doors and concrete floor.  It also rained on and off during the day while the Marine Families were trying to transport children and gifts safely to and from their cars, plus the line to see Santa and to choose a present stretched around 2 sides of that giant hanger, but we never heard a complaint and thanks to Team Dark Horse's Decorating Wizard, Teresa Bonuto, and all her enthusiastic helpers, the area in the hanger where all of your donated gifts were located was transformed, in less than 2 hours, from dank, cold, and wet to a Magical Holiday Wonderland featuring giant snowflakes, huge decorated inflatable Christmas Trees, a large but friendly Polar Bear and an enormous inflatable Santa greeting the children. The tables of presents for the children were covered by big red tents strung with long ribbons of fluffy red tinsel and small white lights. Teresa and her team worked their magic and the result was a magnet for the children. 
Thanks to Teresa Bonuto and her fabulous volunteers, the Team Dark Horse Holiday Party for the 3/5 Marines and families that started like this:

transformed into this in less than 2 hours!!!                 

HUGE THANK YOUS also go out to:
Behr Paint and their wonderful employees. A toy and gift drive led by Team Dark Horse Member Amiee Desrosiers, at Behr Paint, resulted in a carload of toys and almost $2000 in cash from employee's donations matched by Behr Paint in Santa Ana.
Laura and Bob Dickson, Team Dark Horse Members, led a personal toy and gift drive that brought more bags of toys and gifts to the 3/5 children and families and they reminded us that there are no paid workers in Team Dark Horse. Everyone is a volunteer so your donations go directly to support the 3/5 Marines and their families. Laura also designed and painted all the toy and gift collection boxes for Team Dark Horse.  
To all the businesses who allowed Team Dark Horse to Place our Toy and Gift Collection Boxes in their places of business:
Baker, Knapp and Tubbs Furniture (Aliso Creek Rd., Laguna Niguel
Heidelberg Pastry Shop (25260 La Paz Rd, Laguna Hills)
Farmers and Merchants Bank in Laguna Hills
Florence Sylvester Senior Center
Laguna Hills City Hall and Community Center
Laguna Hills Mall
Nellie Gail Ranch HOA Club House and Equestrian Center
Players Sport Grill (24401 Ridge Route Dr. Laguna Hills)
And to all the wonderful Team Dark Horse Members and Volunteers who make sure these events actually happen.

**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.