City Council Minutes 1 March 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*
March 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 Bucknum at 5:00 p.m., on March 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 March 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
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
CLOSED SESSION
CS1. Liability Claims and Existing Litigation: Claimants: Cunningham and Liberty Mutual: Agency Claimed Against - City of Mission Viejo and: Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) Section 54956.9 (2 cases)
CS2. Conference with Legal Counsel-Anticipated Litigation: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (number of potential cases:1)
City Council Minutes 2 March 8, 2022
RECESS TO CLOSED SESSION AND RECONVENE
At the hour of 5:01 p.m., Mayor Pro Tem Sachs recessed the meeting. The City Council reconvened at 6:05 p.m. with four City Council Members present.
INVOCATION: Council Member Goodell
PLEDGE OF ALLEGIANCE: Council Member Raths
REPORT OF CLOSED SESSION
City Attorney Bill Curley stated that no reportable actions occurred.
INVOCATION: Council Member Goodell
PLEDGE OF ALLEGIANCE: Council Member Raths
PRESENTATIONS
P1. Adopted Headquarters Battalion of the 1st Marine Division Quarterly Recognition
Mayor Bucknum presented certificates of commendation to the "Marines of the Quarter" Lance Corporal David G. FigueroaLopez, and Lance Corporal Rueben H. Alcantar, and "Noncommissioned Officers of the Quarter" Sergeant Nicholas R. Stefanyshyn, and Sergeant Lafayette T. Tyger.
P2. Recognize the 2021 Employees of the Year
Mayor Bucknum presented plaques to (1) Human Resource Analyst Pav Yee, City of Mission Viejo Employee of the Year; (2) Fire Captain Drew Garcia, Orange County Fire Authority Employee of the Year; and (3) Deputy Spencer Crisp, Orange County Sheriff's Department Employee of the Year.
P3. Proclaim March 2022 to be Red Cross Month
Mayor Bucknum presented proclamation to Red Cross Executive Director Becky Firey and Community Volunteer Leader Ross Chun.
PUBLIC COMMENTS
Gabriel Elmahrek, M.V.: Expressed his views on teaching of LGBTQ and the dangers of the Internet among school age children.
The following spoke in opposition to the proposed Garden Plaza Project by ValueRock Realty:
Chris Rottenberg, M.V.; Ben Martella, M.V.; Carlos Pianelli, M.V.; Mary Wathen, M.V.; Seth Cable, M.V.; and Mike Martin, M.V.
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Walt Lawson, M.V.: Spoke out on the choice of Map A at the February 22 Council Meeting and felt that Map E-1 had more support and better arguments. Criticized that there was no back and forth debate between the public and the Council. He outlined his concerns of the extension of the Council terms for Council Member Goodell and Council Member Kelley.
Lisa Foto, M.V.: Expressed concerns for the third time regarding the drug and alcohol detox home in her neighborhood. Asked when a Town Hall Meeting will be scheduled to discuss this crisis. Asked who sent a survey on her cell phone this morning and how many others received this survey. Commented on zoning issues within the City and expressed concerns that the City is slowly declining.
Anita Goldin, M.V.: Spoke about the drug and alcohol re-hab house that is going in next to her home. Stated that they are charging fifty thousand dollars per month per person. She t hanked Mayor Bucknum for the flow chart on the Garden Plaza Project and indicated that it was very helpful. Pointed out that the zoom meetings on the Garden Plaza were not accessible to the hearing impaired.
Cathy Schlicht, M.V.: Accused the City Attorney for not during the Safe Harbor period and that it cost the City one hundred eighty thousand dollars. Quoted the City Council and S taff from various past Council Meetings.
Connie Lanzisera, M.V.: Spoke out about Council Member Sachs berating residents for leaving the Council Chamber during the last meeting while he was speaking. Requested that he give a public apology and a reprimand for the Council.
Cathy Kadison, M.V: Believed that Map A was a foregone conclusion before the February 22 Council Meeting. Quoted from the California Voting Rights Act of 2001.
Tom Moore, M.V.: Stated at the 2018 Municipal Election 77.77% registered voters participated and in the 2020 Municipal Election 90.7% participated. Pointed out that in 2018, 200 residents that responded to the survey was less than 1% of the voter popul ation. Proposed that the representative of the h ighest District voter turnout should be named Mayor, and the second highest Vice Mayor. He concluded with suggesting that the Districts be named and not numbered.
Judy Bullockus, M.V.: Spoke and expressed concerns about Senate Bills 871 and 866 regarding mandatory vaccines. 871 mandates that all children starting at the age of 5 must be vaccinated without any personal exemptions to attend private or public schools. Senate Bill 866 that children above age 12 -17 will be able to get any vaccine without and parental permission. She stated she believes this could be the dismantling of public schools as parents will choose not to put their children in private or public schools and opt for alternative schooling. Both Bills will be on the Senate floor this March.
Randy Johnson, M.V.: Thanked the City Council for their service and stated that Mission Viejo is one of the best run City’s. Spoke about the locksmith industry.
City Council Minutes 4 March 8, 2022
City Manager Dennis Wilberg announced that the Town Hall will be scheduled in the first week of April when the State Legislature is on recess. We are scheduling around the availability of State Legislatures, so that they can be here to explain to the residents the limitations that the State and Federal Government has put on us.
City Attor ney Bill Curley stated that California has a very thorough criminal, civil, and administrative disclosure monitoring process. This is enforced by the Fair Political Practices Commission (FPPC), the Attorney General, the local District Attorney, and his of fice. He explained the due process and how land use works in California.
Mayor Bucknum stressed that the intent of putting information out on the City Website regarding the Garden Plaza is to get information out to the public so that we can hear from residents. She explained the City Council has not directed the Developer to do anything.
City Attorney Curley indicated we can not put a deadline on the Developer.
Mayor Bucknum encouraged residents to attend the Developers meeting tomorrow.
City Attorney Curley stated that the City Code has since incorporation since 1988 required four- year terms. The Calling of the Elections stated for four -year terms and the only reason two- year terms came in any involvement was in the event we could get cumulative voting approved and put into place. Mathematically cumulative voting works best when you have all seats up for election. The way it works, is that each voter has five votes and could give all five votes to one candidate or spread them out. This was the b est way for both the plaintiffs and us could see to work. For a variety reasons we couldn’t practically get if approved through the Secretary of State. The judgement that people point to says two- year terms for cumulative or you can look at districting o r weighted voting. We believe that the City Code, the equivalent of state law, the resolutions calling the elections all were very clear it’s a four-year term and they were done in the ordinary course of business. It was following standard practice unless we could have gotten the novelty of cumulative voting approved. This is what we have been saying since the beginning and that is what we continue to say. People can agree or disagree, we believe the law supports us and we have been proceeding in that manner. We will wait and see what third parties think of that. He noted there was a comment made regarding the Safe Harbor which had been the $30k max was blown because staff didn’t handle it right. A quick look will tell you at the third hearing the Council decided then to drop districts and investigate cumulative. That was not a bobble or staff error. It was a conscious decision by the Council to try to the best under the CVRA. There was also a comment on the Higginson Case. Again, we put the CVRA first. Initially we looked at it and thought there was merit but as pleadings unfolded He determined it was contrary to the CVRA so we stopped it. Our action was to support and protect the CVRA not attack it. So, shame on use for trying to uphold State Law to give the minority voters a better chance. Again, shame on us for trying to do the best thing.
Council Member Raths wanted to make it clear that accusatio ns we are getting kick -backs or money is totally untrue. He stated to quit the accusations that are on social media.
Council Member Goodell asked for clarification from the City Attorney about the four -year term issue. He asked was the City of Mission Viejo Election Code ever amended
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City Attorney Curley stated it has never been amended, it has been the same since 1988. Four- year terms section 2.04.140 it is four -year terms. A General Law City’s Ordinances are considered on the same parity with general S tate Law. It has not been altered and has always been in place and was only going to be altered if cumulative voting was put into place.
CONSENT CALENDAR
Motion made by Council Member Kelley, seconded by Mayor Pro Tem Sachs , 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
1. City Council Minutes
Approved the Minutes for the regular City Council Meeting of February 22, 2022, as presented.
2. Check Register Dated February 11, 2022 in the Amount of $3,021,040.33 Ratified the accompanying check register.
3. Check Register Dated February 18, 2022 in the Amount of $801,816.20 Ratify the accompanying check register.
4. City Treasurer’s Monthly Report for January 2022
Received and filed.
5. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for January 2022
Received and filed.
6. Successor Agency of the Community Development Agency Treasurer’s Monthly Report for January 2022
Received and filed.
City Council Minutes 6 March 8, 2022
7. Mission Viejo Housing Authority (MVHA) Treasurer’s Monthly Report for January 2022
Received and filed.
8. Two-year extension of Independent Auditors contract for the Fiscal Year Ending June 30, 2022 and June 30, 2023
Approve the Third Amendment with Davis Farr LLP to serve as the City's Independent Auditors for the Fiscal Year Ending June 30, 2022 and June 30, 2023.
9. Cabot Road, Muirlands Boulevard, and Melinda Road Pavement Rehabilitation Project (CIP 22837)
Authorized issuance of a purchase order for design services for the subject project to Ardurra Group, Inc. in an amount not to exceed $73,185.00.
PUBLIC HEARINGS
10. General Plan Amendment GPA2021-38 - a City-Initiated Comprehensive Update to the Economic Development Element of the City of Mission Viejo General Plan This item was not addressed at this meeting and will be re-noticed at a later date.
NEW BUSINESS
11. Mid-Year Budget Review for FY 2021-2022
Administrative Services Manager Susan Knudson presented the staff report.
Motion made by Mayor Pro Tem Sachs, seconded by Council Member Kelley to receive staff’s recommended action with the exception of $38,764 that will be added to the recreation budget request to increase their appropriation for the second half of this year.
Director of Administrative Services asked for clarification. The recommendation was to increase the appropriations. Basically, you are adding budget for the Recreation Department to expand the program. She questioned if the intent is from this point to the end of the year to discount the fees for seniors or provide a mechanism in which we don’t increase fees for seniors based on what they currently are.
Mayor Pro Tem Sachs responded yes to both. Asking, until we can take a longer look regarding pickle ball at Felipe Tennis Center and how we can amend what is going forward and give Recreation the money necessary to make adjustments to allow seniors who are playing there now to continue to do so without paying any more money.
City Council Minutes 7 March 8, 2022
Director Dyas pointed out that this would not involve an appropriation increase. She stated that the request from Recreation would fund the cost associated with the program for use through the end of the year. She clarified what Mayor Pro Tem is asking is that you grant approval to staff to modify the fees to seniors.
Mayor Pro Tem Sachs stated he doesn’t want fees for seniors who are Mission Viejo residents to have a cost increase to play pickle ball.
Director Dyas stated we do have a fee structure in place that is not being modified at this time and will be in place the remainder of the fiscal year. We do have a fee study update that is currently being worked on and when it is brought back to the Council we can address not increasing those fees and keeping them static or reducing them further at that time.
Mayor Pro Tem Sachs removed his motion but asked the Recreation Department to look into this.
Motion made by Council Member Sachs, seconded by Council Member Kelley to (1) adopt Resolution 22-03 Amending the FY 2021-2022 Budget for Adjustments to Certain Revenue Sources and Operating and Capital Improvement Program Appropriations, and (2) adopt Resolution 22-04 Amending the Authorized Position Schedule Effective March 19, 2022.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Raths, and Sachs
NOES: None
ABSENT: None
12. Proposed Adoption of an Ordinance adding Section 2 04.170 Establishing by District elections and Official adoption of Map A and Amendment of the City’s Municipal Code Pertaining to Elections
City Attorney Bill Curley presented the staff report.
Michael Schlesinger, M.V.: Referenced Section 2 paragraph D of proposed Ordinance. Stated he is resident of District 2 and that Council Member Goodell will serve another two years as an incumbent when he was elected for a two -year term. He stated this is taxation without representation and this Ordinance is an insult to the citizens of Mission Viejo because it ignores repeated public comments that all five districts be placed up for election in 2022. He reminded the Council that all five seats are up for election as part of the settlement of the prior lawsuit. He asked that Council Member Goodell and Kelley admit that they are up for re - election. Questioned the Council on how they can disobey the plain language of the Judges Order and not have all five seats up for election. Addressed Mayor Pro Tem Sachs as a fellow Veteran and stated he is fighting for his Constitutional right to vote in 2022.
Cathy Palmer, M.V.: Expressed her disappointment in Council Member Goodell and Kelley’s lack of integrity in supporting an Ordinance that will implement a district voting plan that the majority of commenters are opposed and extend your terms for two years with no voter input.
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She outlined the handout of 2020 General Election Booklet with both Goodell’s and Kelley’s statements and a screenshot of the 2020 Election Results from Registrar of Voters website that both indicate a term of two years. Suggested that staggered term s are easily solved by having two seats up for two-year terms in 2022 and the other three up for four years. Lastly, she stated the Council Member Kelley is very proud of her words of character program with integrity being one of those words, she asked that Council Member Goodell and Kelly run in 2022 so that the voters of Mission Viejo will have confidence in their best interest.
Lynne Hayes, M.V.: Stated she is appalled that the Council Members are approving a map that guarantees the five Council Mem bers will not face competition with each other. She pointed out that Map E was favored over Map A and asked if we are to assume that our City’s residents prefer Map A. She reminded the Council that the vote they take compels on behalf of the disenfranchised voters of the community. Lastly , she stated that potentially wipes out her Constitutional guaranteed right to vote.
Cathy Schlicht, M.V.: Spoke on the extension of Council terms. Stated that at the meeting of February 22 the terms of Council Member Goodell and Kelley were confirmed under City Attorney Reports and after the public left the chambers. She felt this discussion should have been under item one or item two when the Council selected the District Map. Stated that the public was denied the opportunity to have a voice in their elections. She pointed out that Map F kept the school districts together and that they selected Map A so that each Council Member was in their own district. Stressed that Districts two and four could be for a two- year term if the Council wants to maintain staggered elections so that all residents can vote in 2022. Lastly, she said that this has been a flawed process.
Mayor Bucknum stated that the talk about residents not voting in this cycle and she explained that this is the problem with district elections and this will continue to happen. She reminded residents that this because of the State’s Legislation that opened Pandora’s box.
City Attorney Bill Curley, stated that the request to challenge your right to h old office is not a lawsuit as of yet against three incumbents. The two -year terms were linked to cumulative voting. The resolutions calling the Election state the three for four-year terms because that is what the statute requires. The spin on deviating standard protocols would be if cumulative voting had been put into place. The City is tracking exactly as we have done since 1988. We were working with the plaintiffs, all the parties were doing it to best implement the Voting Rights Act, and to best implement giving a voice to the disenfranchised minorities and to that end it took a process. Our belief is everything has been tracked properly.
Council Member Raths commented that he and Mayor Pro Tem Sachs are in the same District and if he doesn’t make the June Primary for Congress he will have to decide to run.
Mayor Bucknum made if perfectly clear that there is an open District with no incumbents.
Council Member Goodell felt that Map E -1 was popular and stated that less than 70 people wrote in or spoke about the maps. He personally did not like Map E or E-1 because he felt it was racially gerrymandered. He felt A-1 was racially gerrymandered as well and that is why he voted for Map A.
City Council Minutes 9 March 8, 2022
Motion made by Council Member Sachs, seconded by Council Member Goodell to adopt Ordinance 22-343 Amending Chapter 2.04-Council, of Title 2 Administration and Personnel of the Mission Viejo Municipal Code By Adding Section 2.04.170 District Elections, Providing for the Elections of Five Members of The City Counc il by Districts, Establishing the Boundaries and Identification Number of Each District, and Establishing the Election Order of Each District and Related Code Revisions to Implement the By -District Voting Process, and Taking Immediate Effect Pursuant to Ca lifornia Government Code Section 36937(A).
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Raths, and Sachs
NOES: None
ABSENT: None
MAYOR’S, COMMISSION, COMMITTEE REPORTS AND ACTIONS
13. Orange County Fire Authority (OCFA) Report
Received report from Council Member Sachs.
14. Local Agency Formation Commission Orange County (LAFCO) Report Received report from Mayor Bucknum.
COUNCIL MEMBER COMMENTS AND ACTIONS
15. 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 attended the opening day ceremonies for both the North and South Little Leagues.
Council Member Kelley
Council Member Kelley also announced that he attended the opening day ceremonies for both the North and South Little Leagues. She stated that at these events she hears from residents how excellent our sports fields are. Council Member Kelley expressed that it was a great beginning to the meeting this evening and emphasized honoring the Marines from out adopted battalion. She gave kudos to our Marine Adoption Committee and residents. She appreciates all the firefighters
City Council Minutes 10 March 8, 2022
and police deputies and officers and it was great to recognize Firefighter Drew Garcia and Deputy Crisp this evening. Council Member Kelley stated she met a mom at the park who is from the Ukraine and expressed that is was a very traumatic experience her family is going through. She said she is praying for Ukraine and Russia and hopes for a resolution soon. She recently donated blood and announced on March 16 there will be another blood drive.
Council Member Raths
Council Member Raths attended the Oso Fit at the Murray Center which is a 5k run sponsored by Mission Hospital. He acknowledged the Marines this evening. Council Member stated that 30 years in the Marine Corp is nothing compared to politic s and he thanked his fellow Council Members.
Mayor Pro Tem Sachs
Mayor Pro Tem Sachs stated that we represent everyone in the community not just those that come before us at meetings. He stressed that it is not just what you hear in public comments. Encourage public speakers to use their three minutes wisely. Mayor Pro Tem explained that the erosion of local control in the last 10-15 years in this State has been an expediential geometric rate. He stated it’s incredible what a one -party rule State does down ticket. Commented on the two Senate Bills regarding the COVID vaccine and the sober living homes. He explained that the City’s control over sober living homes has been stripped by the State . He stated we have been fighting these fights for a long time and to come before us saying we are not fighting for you is just not accurate.
Mayor Pro Tem said he was elected to sit on the dais and to understand the community’s input and he appreciates listening to the public comments. Lastly, he said to look first to Sacramento before you besmirch.
Mayor Bucknum
Mayor Bucknum commented on an email she received from an angry resident regarding the Garden Plaza regarding why the City has done nothing to stop this project. She explained the inaccuracy of the email regarding what the City Council can do at this point and asked staff to look into what options we have to bring the Zoning before the Planning & Transportation and City Council on this project. She stated that i f the applicant can’t get the project pulled together and this goes on too long, it’s not fair to the residents. Asked staff to consider when the timing is proper. The Mayor talked about the Konrad Reuland Charity Tennis and Pickleball Tournament and stated that Konrad was an organ donor and his heart went to retired baseball player Rod Carew. Lastly, she gave kudos to Employee of the Year Pav Yee and gave thanks to Cheryl Dyas and her team.
ADJOURNMENT
At the hour of 9:28 p.m., with no further business to come before the City Council at this session, Mayor Bucknum adjourned the meeting in memory of Jean Fall , Mother-in-Law to Planning & Transportation Commissioner Joseph Blum to Tuesday, March 22, 2022, at 5:00 p.m.
City Council Minutes 11 March 8, 2022
______________________________________
Kimberly Schmitt, City Clerk
Approved at the meeting of March 22, 2022