City Council Minutes 1 February 8, 2022
MISSION VIEJO MINUTES
City Council, Community Development Financing Authority, Successor Agency of the Community Development Agency,
Housing Authority, and Library Board of Trustees*
February 8, 2022
A Regular Meeting of the City Council, the Community Development Financing Authority, the Successor Agency of the Community Development Agency, the Housing Authority, and the Library Board of Trustees of the City of Mission Viejo, California, was called to order by Mayor Pro Tem Sachs at 5:00 p.m., on February 8, 2022, at 200 Civic Center, Mission Viejo, California.
A complete copy of the agenda for the meeting containing all items as shown herein was posted by 5:00 p.m. on February 3, 2022, on the outdoor bulletin board at City Hall. A copy was also posted at the Montanoso Recreation and Fitness Center, 25800 Montanoso Drive and Norman P. Murray Community and Senior Center, 24932 Veterans Way.
*All Board and Agency memberships are reflected in the title "Council Member."
Present: Council Member Goodell
Council Member Kelley
Council Member Raths (arrived at 5:30 pm)
Mayor Pro Tem Sachs
Absent: Mayor Bucknum
Staff Present: Dennis Wilberg, City Manager
Keith Rattay, Assistant City Manager
Cheryl Dyas, Director of Administrative Services
William P. Curley III, City Attorney
Kimberly Schmitt, City Clerk
Renata Winter, Assistant City Clerk
RECESS AND RECONVENE
At the hour of 5:01 p.m., Mayor Pro Tem Sachs recessed the meeting. The City Council reconvened at 6:00 p.m. with four City Council Members present.
INVOCATION: Council Member Kelley
PLEDGE OF ALLEGIANCE: Council Member Goodell
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PUBLIC HEARING
1. Consideration of Offered District Formation Maps Including Map E -1; Withdrawal of Certain Maps; Racial Gerrymandering.
Mayor Pro Tem Sachs opened the Public Hearing at 6:03 p.m.
City Attorney Bill Curley stated tonight’s meeting is the fourth Public Hearing addressing the districting of the City under both state and federal laws that are applicable to districting. He mentioned, that per City Council ’s direction at the last meeting, Map E was refined by the CDR and met with Mr. Vela’s approval. Now referred to as Map E-1. The City Attorney gave the City Council the option to present all maps, or streamline the process and remove some maps from consideration.
Deborah Diep, Director of CDR gave an in-depth overview of the Voting District Formation and presented a PowerPoint presentation reviewing all seven maps.
Mayor Pro Tem Sachs shared Mayor Bucknum’s request, in her absence, for Map A be revised by extending the northwestern boundary of District 4 into District 5 and then making adjustments to the remaining Districts as needed to balance the population. She requested this map (Map A-1) be available for the next City Council meeting.
Mayor Pro Tem Sachs proposed not to eliminate any maps due to absence of the Mayor and the Council concurred.
The following Mission Viejo residents spoke in favor of Map E -1; Peggy O’Neill, Deborah Cunningham-Skurnik, Ed Maurer, Judy Fike, Walt Lawson, Ilene Geiger, and Jon Miller.
Cathy Schlicht, M.V.: Referred to the City Attorney’s comments pertaining to the Brown Act and City Council Member addresses. She stated the FAIR Maps Act is being exploited, as is the legal process in order for the Council to maintain their seats. Made reference to the Attorney General removing Bucknum, Sachs, and Raths from office. She again mentioned the tile system for district terms in office, and why certain maps are not being considered due to the number of Council Members residing in certain districts. She conclude d by stating the City Council and City Attorney are controlling the outcome of the election.
Robert Breton, M.V.: Spoke in favor of Map A providing five reasons it is the most equitable division of the City. He concluded by stating that there is no polarized voting in Mission Viejo, and never has been, giving himself as an example.
Tom Moore, M.V.: Referenced the workshop he attended in January of 2018, and stated here we are again four years later addressing the same issue. He questioned why five 5 districts, and suggested why not take La Paz/Marguerite, create four districts and elect a Mayor at large.
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Mayor Pro Tem Sachs clarified that the question he posed at t he previous City Council Meeting on January 25, 2022, with regards to Map E, did not indicate his favorability to this map. He has no favorable map to this day.
City Attorney Bill Curley explained why the process has taken a few years . He stated that due to the low physical spread of Hispanic residents, a minority/majority district cannot be formed. As such, the plaintiff agreed with the City that districting is the least effective way to give a voice to Hispanic residents. In 2018 , the City Council recognized that and looked at other options. The primary option was cumulative voti ng. The City Attorney stated that per the law ; you can go to districting or quote “the court may order additional remedies” .
The Court ordered the City to investigate, and if possible, go cumulative voting . The City approached the Secretary of State who responded, that creating a new voting process is a very complicated undertaking, and would not want to do that for just one city unless we they received direction from the Legislator. Therefore, last year when the public said the process was taking too long, the City Council decided to go ahead with districting. City Attorney Bill Curley brought up the issue of Racial Gerrymandering and that it is Constitutionally prohibited. He added that the primary directive is to match the statuary state and federal criteria, and not primarily focus on race in the evaluation of proposed districts. Lastly, he said that since 1988 the City Council has comprised of five council members, with staggered terms. We are more than happy to look at different options, however, that is no t what this city has historically done.
Mayor Pro Tem Sachs stated that the City considered both Cumulative and Rank Choice voting at the onset of the lawsuit , however, the community overwhelmingly wanted to maintain at large voting. He added that other cities fought the lawsuit and lost, therefore, Mission Viejo opted to look for other choices.
Council Member Raths shared with the public that he knows his fellow Council members, and that everyone on the Council enjoys serving this community, and are not power grabbers.
He added that he is very active it the community , and that in the past four years, he has not spoken to one Hispanic that feels they are discriminated against. Infact, if they were to run for City Council they would run on their own merit and do not need to be in a special district.
He concluded by saying, this is all money driven by the Law firm of Sh enkman & Hughes, who are making millions of dollars suing cities in California.
Council Member Kelley stated that the City Council are all studying the maps presented before them, and referenced a difference of 52 Hispanic voters between Map E -1 – District 1, and Map A - District 3. She recognized the support for Map E-1 as it gives a greater voice to the Hispanic voters , and added that Map A should also be closely looked at. Lastly, she said that the City Council is committed to making the best decision for the residents, and everyone needs to be open min ded and look at the factors provided by CDR and the City Attorney; lo gical boundaries, main arterial roads, communicates of interest and school districts.
Mayor Pro Tem Sachs closed the Public Hearing at 7:23pm.
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Mayor Pro Tem Sachs thanked Deborah for her assistance. He asked that before working on Mayor Bucknum’s request that she speak to her first, and present Map A-1 at the next Council Meeting.
City Attorney Bill Curley stated the Public Hearing will continue on the February 22, 2022 City Council Meeting at 6:05pm.
PRESENTATION
P1. School Resource Officer’s School Update
Received update from Deputy Murphy.
PUBLIC COMMENTS
Ed Maurer, M.V.: Gave an update on Community Choice Energy . He listed a number of surrounding Orange County Cities that shall enjoy CCE provided by OC Power Authority next year, and questioned why not the City of Mission Viejo? He asked that this be placed on the agenda, and concluded by reading a quote from Supervisor 3rd District Don Wagner.
Walt Lawson, M.V.: Addressed the lawsuit recently filed naming Council Members Sachs, Raths, and Bucknum, as defendants to explain why they are still in office after being elected for a two - year term that ended in December 2020. H e stated, that he has heard, t hat all three are being represented by Attorney William Curley, and questioned this representation. Lastly, he said the residents of Mission Viejo are due an explanation.
Megan Cable, M.V.: Spoke of her opposition to the Garden Plaza Project. She mentioned she has many concerns; however, her focus is on the mixed -use zone class, that she said does not exist in the city at this time. She would like to see authorization of this zone, or any new zones, be set before the citizens as a ballot measure.
Carlos Pianelli, M.V.: Mentioned he is part of a “Stop the Monster” campaign, the Garden Plaza project and ValueRock Realty Group. He voiced his concerns pertaining to the proposed 5 story apartment building above a parking structure and the horrific traffic, noise, air quality accompanying it. He mentioned numerous committees of action and a petition with 2,832 signatures to save Mission Viejo. Lastly, he asked the City Council to do the right thing and stop the Garden Plaza.
Tom Moore, M.V.: Spoke of his concerns to the Garden Plaza Project. He lives close by and is concerned his view will be taken away, and questioned the traffic issues at La Paz/Marguerite. He asked that the City share with the community what is transpiring, develop a plan, and enact a moratorium on development.
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CONSENT CALENDAR
Motion made by Council Member Kelley, seconded by Council Member Goodell, to approve the Consent Calendar as outlined below.
On roll call, said motion carried by the following vote:
AYES: Goodell, Kelley, Raths, and Sachs
NOES: None
ABSENT: Bucknum
2. City Council Minutes
Approved the Minutes for the regular City Council Meeting of January 25, 2022, as presented.
3. Check Register Dated January 14, 2022 in the Amount of $3,195,355.79 Ratified the accompanying check register.
4. Check Register Dated January 21, 2022 in the Amount of $427,789.07 Ratified the accompanying check register.
5. City Treasurer’s Monthly Report for December 2021
Received and filed.
6. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for December 2021
Received and filed.
7. Successor Agency of the Community Development Agency Treasurer’s Monthly Report for December 2021
Received and filed.
8. Mission Viejo Housing Authority (MVHA) Treasurer’s Monthly Report for December 2021
Received and filed.
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9. Transmittal of Pre-PARE Trustee Reports for the quarter ending December 31, 2021
Received and filed the accompanying Pre -PARE Trustee Reports for the Quarter ending December 31, 2021.
10. Annual Routine Playground, Parkland, and Facility Infrastructure Maintenance and Repairs
(1) Approved Third Amendment to the existing maintenance contract with Real Estate Consulting and Services, Inc (A19-30C) for the subject services; and (2) authorized a Change Order to the existing Purchase Order for Real Estate Consulting and Services, Inc. in an amount not to exceed $85,000.00.
11. Annual Park and Facility Hardscape Construction Improvement Contract - S. Parker Engineering, Inc.
(1) Approved Ninth Amendment to the existing maintenance contract with S. Parker Engineering, Inc (A15-25I) for the subject services; and (2) authorized a Change Order to the existing Purchase Order for S. Parker Engineering, Inc. in an amount not to exceed $539,000.00.
12. Electrical Related Services at City Facilities
(1) Approved the first amendment for David Electric, Inc.(A22 -07A) for electrical related services at City Facilities; and (2) authorized a change order to the existing purchase order for David Electric in an amount not to exceed $50,000.00.
13. Janitorial and Related Services for All City Facilities and Recreation Centers
(1) Approved Seventh Amendment to the existing maintenance contract with Alliance Building Maintenance (A19-33G) for janitorial related services for all city facilities; and (2) authorized a change order to the existing purchase order for Alliance Building Maintenance in an amount not to exceed $300,000.00.
14. Montanoso Recreation Center Rehabilitation (CIP 314)
Awarded contract to Nadar, Inc.(A22-08) for the Montanoso Recreation Center Rehabilitation - CIP 314 in an amount not to exceed $882,000.00.
MAYOR’S, COMMISSION, COMMITTEE REPORTS AND ACTIONS
15. Orange County Fire Authority (OCFA) Report
Receive report from Chief Capobianco.
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COUNCIL MEMBER COMMENTS AND ACTIONS
16. Council Member Reports of Events and Activities Attended ~ AB1234
By consensus, the City Council Members acknowledged their event and activities calendars as presented in the report and agreed to provide any changes to the City Clerk for the public record.
Council Member Goodell
Council Member Goodell announced that he was recently appointed by OCTA Chairman Mark Murphy to represent OCTA on SCAG ’s (Southern California Association of Governments) Regional Board and Transportation Committee. He stated that Mayor Bucknum, Council Member Kelley, and Raths also represent various committees, totaling four members of this City Council representing South Orange County and Mission Viejo on SCAG. He added, that he also attends the Orange County Council of Governments (OCCOG) Executive Comm ittee and Board of Directors meetings, making no shortage of zoom calls of late, as he just attended the first of these committee meetings, which are long but informative and very important. Council Member Goodell concluded by sharing that he participated in the Gnome Hunt & S'mores event at the Oso Creek Golf Course, which was a lot of fun and added that the course is looking great!
Council Member Kelley
Council Member Kelley informed everyone that the date of the Relay for Life event has moved from April 2 to June 1 1, and encouraged all to view their website. She highlighted the City’s Character word of the month program, stating that Mission Viejo est ablished itself as a City of Character in 2003. The Character Program focuses on a different word each month and as such, materials are provided to each of the twenty-six schools in Mission Viejo. She stated the word for February is Unity and proceeded to read a couple of quotes. The first from Coach Paul Bear Bryant “In order to have a winner, the team must have a feeling of unity. Every player must put the team first ahead of personal glory”, and the second quote , she feels is exemplified by this City Council is from Mother Teresa “I can do things you cannot, you can do things I cannot. Together we can do great things”.
Council Member Raths
Council Member Raths thanked everyone in the audience for their participation in this evenings meeting, adding that involvement in one’s community is very important. He stated that he is a big supporter of the Chamber of Commerce, and attends their weekly meetings every Tuesday morning at 8am at the Norman P. Murray Center. Lastly, together with Mayor Pro Tem Sachs, and Council Member Goodell, he attended the 100th birthday celebration of Captain Leland Spencer this past Saturday, February 5 , a B24 Bomber Pilot with the Eighth Airforce in Europe. Happy Birthday Leland!
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Mayor Pro Tem Sachs
Mayor Pro Tem Sachs addressed the c omment made earl ier pertaining to Community Choice Energy. He stated the City has been paying close attention to what is going on, and there are several reasons why the City is not, at this time, entering into an agreement with JPA (Joint Powers Authority). He himself, is opposed to this idea, as the City of Irvine has two seats on the board while all other cities only have one member. Mayor Pro Tem Sachs further stated that Utility companies are charging more money to join the grid , and CPUC (California Public Utilities Commission) are wanting to charge a huge fee to those who have solar power to help offset the cost of those who do not. Lastly, he said that right now it is not in the best interest of the residents of Mission Viejo to joining the CCE Operation.
At the hour of 8:16 p.m., with no further business to come before the City Council at this session, Mayor Pro Tem Sachs adjourned the meeting to Tuesday, February 22, 2022, at 5:00 p.m.
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Renata Winter, Assistant City Clerk
Approved at the meeting of February 22, 2022