City Council Minutes 1 February 22, 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 22, 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 Bucknum at 5:00 p.m., on February 22, 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 17, 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
Mayor Pro Tem Sachs
Mayor Bucknum
Absent: None
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 5:00 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: Mayor Pro Tem Sachs
PLEDGE OF ALLEGIANCE: Mayor Bucknum
City Council Minutes 2 February 22, 2022
PUBLIC HEARING
1. Consideration of Offered District Formation Maps Including Map E -1; Withdrawal of Certain Maps; Racial Gerrymandering.
Mayor Bucknum opened the Public Hearing at 6:13 p.m.
City Attorney Bill Curley stated this is a continued Public Hearing and is the last Public Hearing we have scheduled with four total . The community has provided their options on a map along with the City’s Demographer. All the maps are bound by the objective criteria of statute and case law. We must follow both Federal and State Law particularly the Fair Map Act. By following the law in all ways they are necessarily reasonable, fair and serve the public purpose of having to go to a district division process. The California Voting Rights Act lays out districting as a process that is deemed in and of itself remedial to any racial polari zation.
He addressed the Council that their actions in selecting a map that conforms to the CVRA (Voting Rights Act), Federal Law (California Fair Map Act), and the various constitutional provisions that regulate it, we will end up with the City having a p roper and enforceable district map process. He stated the way it will unfold this evening, since it is continued from the last meeting, we will take more comments and at that point the Council will close the public hearing for deliberation. There is a sec ond item, had we not continued the public hearing it would have been the only item, for you to ultimately select which map best suits the community and at that point you would direct me to come back with an ordinance that amends the existing city ordinances to bring everything into compliance with your direction.
Deborah Diep, Director of CDR gave an in-depth overview of the Voting District Formation and presented a PowerPoint presentation reviewing all eight maps. She stated that today is a continuation of the Public Hearing from the February 8 City Council Meeting. After a map is selected a resolution will be prepared to adopt the map that will also detail the district numbering and sequencing of elections. The Ordinance needs to be adopted by Apri l 17, 2022 and the new district map needs to be submitted to the Registrar of Voters so it can be incorporated into the Registrar’s work along with any other agency that is implementing new or revised districts in preparation for the November 2022 Election s.
Mayor Bucknum opened the Public Hearing at 6:13 p.m.
Maria Gomez-Greenberg, M.V.: Asked that the Voting Rights Act be enforced making sure that everyone is represented fairly. Questioned the Council on extended terms and hopes they become transparent.
Sharon Campbell, M.V.: Commented that less representation is not better having seen what happened in the school district election. Personal interest need to be left out and the benefit of the whole community, not just the loudest voice. She favors a professional demographer and their knowledge on creating maps. She is in favor of Map A.
Zachary Meeting, M.V.: Stated he reviewed the maps and supports Map A-1.
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Allison Nero, M.V.: Stated she reviewed the maps and supports Map A-1.
Larry Gilbert, M.V.: Questioned that with only three seats up in November there will be a Council majority in November and he will not have a say due to where he lives.
Cathy Schlicht, M.V.: Criticized the Council on their selfish desires to retain their seats, which has created a racial divide that this City has never seen. Questioned which number of Public Hearing this meeting is. Indicated that the map she submitted was not was presented. She stated that her map on the basis of communities of interest and natural boundaries not racial profiling. She accused the Council of a gerrymandered map that gives each Council Member their own district with the exception of Council Members Sachs and Raths.
Cathy Kadison, M.V.: Stated she is in favor of Map E-1. She gave a recap and timeline of the 2017 lawsuit and presented Map Z that was gerrymandered for each Council Member. She criticized the handling of the lawsuit and the cost that taxpayers endured.
Ed Maurer, M.V.: He gave a recap of the cumulative voting process and questioned the term extensions of Council Members Bucknum, Raths and Sachs and stressed that he hopes to see all Council Seats are up for a vote in November 2022 and that the Council will adopt Map E- 1 as the best option for districting voting.
Barbara Casillo, M.V.: Criticized the extension of terms by Bucknum, Raths and Sachs in 2020 and the unnecessary expenses pursuing cumulative voting. She stated she is happy that their will be district voting and she supports Map E-1.
Walt Lawson, M.V.: Criticized the districting process and the delays of the public hearings.
Asked that the Council adopt Map E-1.
Cathy Palmer, M.V.: Stated that between Map A-1 and Map E-1, that Map E-1 appears to best meet the goal of the 2018 lawsuit to increase representation by Hispanic and Latino voters in Mission Viejo. District 1 on Map E -1 achieves 21.6% citizens voting age population ratio for Hispanic voters. Stated Map A -1 is gerrymandered with Council Members in separate districts. She supports Map E-1.
Mark Neely, M.V.: Questioned why Map E-1 is now considered racially gerrymandered and that this allegation is simply a blatant attempt to give City Council Members a reason not to vote for Map E -1. Criticized the City Attorney on political gerrymandering. Asked the Council to do the right thing and adopt Map E-1.
Connie Lanzisera, M.V: Encouraged the City Council to adopt Map E-1.
Donna Snow, M.V: Stated she is not in favor of district voting. She supports Map A-1.
Judy Fike, M.V.: Stated that the actions of the City Council in the last four to five years have her deeply troubled and angry. She outlined why she supports Map E-1.
City Council Minutes 4 February 22, 2022
Kathryn Morrison, M.V.: She supports Map A and urged the Council to adopt it. She stated that this map provides the most equitable division of the City into five electoral districts. It preserves the present school districts and school attendance boundaries; it keeps the various homeowner associations and housing tract neighborhoods; it clearly delineates boundary lines that are the most easily understood and conveyed based on well known and identifiable major arterials and geographic features. This map avoids gerrymandering based on race or ethnicity.
Tom Moore, M.V.: Suggested a four-district map with an at-large Mayor and he asked the Council to consider this as a third option. Asked the Council to think of the City as a whole.
Larry Ryan, Coto de Caza: Stated he is not a fan of districting and disagrees with ethnic boundaries and gerrymanders. He is in support of Map A-1.
Deborah Cunningham-Skurnik, M.V.: Expressed that this November all five districts must hold elections in Mission Viejo so the people can choose City Council Members that reflect the shared values. She state that this is a golden op portunity for the Hispanic Community.
Map E-1 provides a Hispanic citizens voting age population with a percentage of 21.6% and it’s especially important because it gives the Hispanic Community an opportunity to have a fair chance of representation.
Mayor Bucknum closed the Public Hearing at 6:58 pm.
Mayor Bucknum asked the City Attorney for some clarification.
City Attorney Curley stated that districting is done pursuant to law. The Fair Maps Act is how the California Voting Rights Act is implemented . The Voting Rights Act doesn’t have implementation criteria, which is a very important part we will touch on. The Maps as done by the demographer based solely on technical criteria. Thinking of it clockwise, the twelve o’clock or the north end of the Ci ty there is no incumbent in that district. When you come down to the three o’clock if you will that generally looks like Mr. Goodell. Down at the six o’clock would be Mr. Sachs and Mr. Raths. Coming up at seven or eight would be Council Member Kelley and up around nine or ten would be the Mayor. He stated that we would have one district with two incumbents and one empty. Attorney Curly expressed that all the speakers did not understand that from 2018 when the lawsuit was filed the City and the Southwest Voters Registration Group , which is a Hispanic group looking to increase voter registration and voter position. If you look at the pleadings, we have been working together, they are joint pleadings. We are locked arms working together both trying to deal with the Secretary of the State to represent to the court . The speakers are saying that everything the City is doing is basically saying that those Hispanic folks that brought the lawsuit seeking equity and got equity they are happy with are wrong and that is horrendous. Get your facts straight before you start condemning the City Council for not being responsive to the Hispanic population. Secondly, the Fourteenth Amendment comment about racial gerrymandering has been taken out of context. In mapping yo u can do an act for the right reason and it is legal.
If you do the same thing for the wrong reason it is not legal. There are many Supreme Court Cases that say if you base a district primarily or solely on race, that is racial gerrymandering.
If you look at the report, the admonition is to be careful. To look at the proper criteria, use that, don’t just say we are going to make this a Hispanic District, that is impermissible. Apply
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all the criteria properly and if as part of that the Hispanic population is larger by a nominal amount, that is fine. He stressed that it comes down to what is the motive for the action. The U.S. Supreme Court, if you disagree, feel free to write them and tell them they have it wrong in about five cases, but I’m going to rely on their analysis. As to the Secretary of State, again working with the Hispanic plaintiffs, if you look at the California Voting Rights Act it says a remedy is either districting or as ordered by a judge. Both sides went to the judge and said that we believe that cumulative voting is the best way to give the best voice, the letter and spirit of the law to our Hispanic population. We believed that the Judge has the authority to order this remedy which was done. We then took that to the Secretary of State and said under the Voting Rights Act a judge can do this and a judge has done this. Secretary of State said we see that but you would be the first city we are not going to do it without Legislation, so we argued with them. Getting Legislation is incr edibly costly and time-consuming process.
We could have sued the Secretary of State and waste a lot of public money for what we thought would not be a good outcome. Together, the Plaintiffs, the Hispanic Voters Rights Group and the City believed that the statute should be adhered to but the Secretary of State thought it a bit to far to handle administratively. That is what happened, look at the paperwork it is all there point blank black and white. The comments taking Director Diep’s representations that she didn’t know where the Council Members lived. Those where very true and instead people who don’t know a thing, deride it, mock it and essentially called her a liar, that is reprehensible and you are better than that. Finally, the City Attorney stated that he gives advice and direction and is not a puppeteer. Those that think that’s how lawyers work quit watching TV because that is not how it works.
NEW BUSINESS
2. Selection of District Map and Further Direction as to Implementation Process
City Attorney Curley announced that once a map is chosen an ordinance will be prepared that implements it, that conforms then the new decision to the existing City Code. We need to update that to conform to what your decision may be and the ordinance will be brought back to the City Council. He stated that we will maintain consistency with all City processes unless you direct otherwise. For an example, Mr. Moore suggested four districts with a mayor, which you can direct us to look into although it is a little late in the game. We will be following the standard Municipal Code absent direction to the contrary.
Zach Torres, M.V.: Stated he is in support of Map A-1 and urged the Council to adopt this map.
Brian Escalera, M.V.: Stated he supports Map A or Map A-1.
Michael Schlesinger, M.V.: Stated that he hates discrimination and constitutional violations and he respectfully disagrees with comments from Mr. Curley. He indicated that Map E -1 gives the Hispanic citizens voting age population with a percentage of 21.6% and that this is the obvious map to choose.
Bob Ruesch, M.V.: Supports Map A -1 and voiced that he is not in favor of districts.
Encouraged the Council to make a selection and to move forward.
City Council Minutes 6 February 22, 2022
Cathy Schlicht, M.V.: Stated that the City’s recent press release left out significant information regarding tonight’s meeting. She pointed out that item two is without a staff report. Questioned the Council’s decision to extend the terms of Goodell and Kelley at the September 14, 2021. Expressed that if Map A-1 is chosen that districts 1, 3, 5 will be up for election with 2 and 4 in 2024. Voters will be negatively impacted with 40% of voters will not have a voice this year. Pointed out the history of Hispanics serving on the Council.
Ilene, Geiger, M.V.: Support of Map E-1 and feels that it addresses the legal factors that were identified early on in the process. She pointed out the factors of support for Map E-1.
Jon Miller, M.V.: Supports Map E-1 and feels it is the best choice for Mission Viejo.
Brad Thalken, M.V.: Supports Map E-1. Questioned the change to Map A and the amount of time public commenters have to speak and ask questions. Stated that Map A-1 does not hold the spirit of the settlement.
Nancy Silver, M.V.: Supports Map A or Map A-1. Pointed out her reasons of support for this map.
Bob Breton, M.V.: Stated he supports Map A for the reasons he expressed at the last meeting.
He expressed that he abhors district voting for small City’s. He applauded the City Attorney on his attempt to i mplement cumulative voting. Expressed his concerns regarding district voting.
Mayor Bucknum clarified that Map A -1 was for a comparison with Map E -1 to see if there was an opportunity to increase the Latino vote in Map A-1.
Demographer Deborah Diep explained the umbers between Map E-1 and Map E-1.
Mayor Bucknum wanted to make it very clear regarding conspira cy theories about the 234 - unit apartment complex. She stated loud and clear that this project has not come before the Planning Commission nor the City Council. She expressed that the developer is going through scoping process which is a lot that they need to accomplish.
Council Member Raths stated he is not in favor of districts. He pointed out that three of them won in 2018 and were voted in ov erwhelmingly by the residents. He stated he liked Mr.
Moore’s suggestion of four district with a Mayor but that that ship has sailed, but in the future perhaps they can look into that,
Council Member Goodell stated he appreciates everyone coming out and speaking on this.
He particularly thanked Robert Breton for his comments. He pointed out that in any district on any of these maps there are three times as many white people than Hispanics, and this is why the City fought not to go to districts because it does not solve the racial polarization. He stressed that the Secretary of State didn’t want to approve cumulative voting without legislation telling him to do it, but that does not mean it’s not allowed. He feels the at -large voting system is best for our City.
City Council Minutes 7 February 22, 2022
Mayor Bucknum explained that Map Z was never meant to be used, it was a working tool for the rest of the maps. What we learned through that fist process is that residents didn’t want to go to districts and try another plan. The Council didn’t delay, we were trying to find a way other than districts, such as cumulative or rank choice voting. She mentioned that Mission Viejo tries to lead the way and this Council does due diligence to do the right thing and that is the spirit of which we approached all of this whether you believe it or not that is the truth.
Council Member Kelley explained that cumulative voting was the best way to give Hispanics a greater voice. In addition to fulfilling the letter of the law it would have fulfilled the spirit of the law. It would have provided a greater chance for those residents to have a greater voice.
She echoes the remorse that we now have to go to district elections. She outlined her involvement in the Capo Valley Unified District against Measure H in 2010. She pointed out that the attack on Demographer Deborah Diep this evening was uncalled for. She stated Map A is the one that makes the most sense.
Council Member Sachs explained that any of these maps have lines which is a division and division separates. He stated the Country’s motto is “ e pluribis unum” meaning out of one many. The maps are divisive and what he has seen over the past number of years to see how we have regressed. He outlined history of our nation. He explained the cost it wo uld have been had we fought this lawsuit and recapped what led to going to the Secretary of State. He talked about the possibility of a charter city would not be completed in time for the next election.
Council Member Raths wanted to defend the honor of this Council on the comment by a former Mayor that we are a disgrace and lack transparency. He stated that this is his eighth year on Council and applauded our Police Chief on the quick response of one of our constituents whose catalytic converter was be ing stolen in the middle of the night. He expressed that the number one priority of the Council is the safest and security of our constituents. He also pointed out the lack of homeless in our City due to the program with one deputy office that looks for t he homeless to help them out. Lastly, he stated that on seven years on Council there has been a balanced budget or a surplus even during COVID. We used the surplus to help businesses and we are not a disgrace and I’m proud of my colleagues.
Motion made by Council Member Kelley, seconded by Mayor Pro Tem Sachs, to select District Map A.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Raths, and Sachs
NOES: None
ABSENT: None
PRESENTATION
P1. Project Update on the I-5 Widening Project
City Council Minutes 8 February 22, 2022
Received presentation from Fernando Chavarria, Community Relations Specialist, and Niall Barrett, OCTA Project Manager.
PUBLIC COMMENTS
Larry Gilbert, M.V.: Spoke about the Garden Plaza and the City’s long-term vision plan pertaining to mixed use developments within the City.
Tom Moore, M.V.: Suggested a moratorium and a specific plan until we figure out what is going on. He feels there should be some mechanism to take control of what is going on in the downtown.
Robert Breton, M.V.: He spoke about district voting and believes that the California Voting Rights act is unconstitutional. He thinks that district voting is racist because it assumes Hispanics think only one way. He made references to the book he is writing on the history of Mission Viejo.
Cathy Schlicht, M.V.: Questioned as to why the districts weren’t chosen to not have to do with waiting for the Attorney Generals opinion on extension of terms. She feels that the judge was misled and public has been fooled. Expressed if they don’t go to all five districts for election they are disenfranchising the voters. Questioned why the Council doesn’t abide by their speaking time limit. Stated this is the least transparent Council in the history of the city and you are a disgrac e and continue to mislead the public.
CONSENT CALENDAR
Motion made by Mayor Pro Tem Sachs, seconded by Council Member Kelley, to approve the Consent Calendar as outlined below.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Raths, and Sachs
NOES: None
ABSENT: None
3. City Council Minutes
Approved the Minutes for the regular City Council Meeting of February 8, 2022, as presented.
4. Check Register Dated January 28, 2022 in the Amount of $1,453,424.04 Ratified the accompanying Check Register.
5. Check Register Dated February 4, 2022 in the Amount of $882,997.33 Ratified the accompanying Check Register.
City Council Minutes 9 February 22, 2022
6. La Paz Bridge Rehabilitation and Road Widening Improvements (CIP 01756)
(1) Awarded a contract for construction management services for the subject project to Arcadis U.S. Inc. (A22 -09) in the amount of $2,151,221; and (2) adopted Resolution 22-01 Amending the fiscal year 2021-2022 Budget for Costs Related to Capital Improvement Project CIP 01756.
7. Modifications to the City of Mission Viejo Purchasing Policy and Procedure Manual Incorporating Senate Bill 1383 Procurement Requirements
Adopted Resolution 22 -02 Adopting the Purchasing Policy and Procedure Manual with Revisions Incorporating Senate Bill 1383 Procurement, Record Keeping, and Reporting Requirements.
MAYOR’S, COMMISSION, COMMITTEE REPORTS AND ACTIONS
8. Transportation Corridor Agency (TCA) Report
Received report from Council Member Kelley.
9. Southern California Association of Governments (SCAG) Report Received report from Council Member Raths.
10. Orange County Transportation Authority (OCTA) Report Received report from Council Member Goodell.
COUNCIL MEMBER COMMENTS AND ACTIONS
11. 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 had no further comments.
City Council Minutes 10 February 22, 2022
Council Member Kelley
Council Member Kelley reminded the public that this Friday through Sunday is the 2nd Annual Konrad Reuland Charity Tennis and Pickleball Tournament. Konrad Reuland, a Mission Viejo High School alumnus and professional NFL tight end for the New York Jets and Baltimore Ravens, suffered from a brain aneurysm and passed away in December 2016 at the age of 2 9. On Saturday is the Oso Fit fundraiser which will be held at the Norman P . Murray Community Center from 8 am to noon. Lastly, she stated that the Character Word for February is Unity. She expressed how inappropriate it was to attack the integrity of a high ly respected professional demographer who is in high demand and did an excellent job for our City along with the integrity of the City Attorney and the Council Members. Encouraged everyone to think about Unity for this month and hopefully we can move forward and focus more on what we have in common instead of the divisiveness.
Council Member Raths
Council Member Raths thanked Police Services keeping us safe and the Fire Authority. He showed some photos of the Mission Viejo Post Office and the work he has done picking up the trash. He spoke with the manager and indicated that the last three times he w ent into the Post Office it was very clean.
Mayor Pro Tem Sachs
Mayor Pro Tem Sachs had not further comments.
Mayor Bucknum
Mayor Bucknum asked Captain Vuo ng and Fire Chief Capobianco to announce the Elks Lodge Annual Law Enforcement and Firefighters recipients of the year. Fire Chief Capobianco announced that Firefighter Garcia and Captain Vuong announced Deputy Cuzynski . Mayor Bucknum explained the state over reach of laws that have changed what were once felon ies are now misdemeanors. This affects our community. SB9, SB10, and AB1398 all affect our communities.
In regards to the housing element 197 have been submitted and only five have been approved which means the State is not approving our housing element and they can use AB1398 to re-zone. These are all State Mandates. She stated that this has become a political divisive situation that is being run by political parties and the super majority in the State. She commented on her daughter in Central California fighting for the end of the mandates on children. Mayor Bucknum encouraged residents to get involved in ourneigh borhoodvoices.com to bring local control back to cities. She thanked City Staff that did a phenomenal job the other night at the O so Creek Golf Course Movie Night.
She announced that there will be an Aquatics Safety Day for the public at the Marguerite Aquatics Center.
At the hour of 9:12 p.m., with no further business to come before the City Council at this session, Mayor Pro Bucknum adjourned the meeting in memory of Ladona Rukstalis and Robert Ming to Tuesday, March 8, 2022, at 5:00 p.m.
City Council Minutes 11 February 22, 2022
______________________________________
Kimberly Schmitt, City Clerk
Approved at the meeting of March 8, 2022