City Council Minutes 1 March 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*
March 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 5:01 p.m., on March 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 March 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
William P. Curley III, City Attorney
Renata Winter, Assistant City Clerk
RECESS TO CLOSED SESSION AND RECONVENE
At the hour of 5:01 p.m., Mayor Bucknum recessed the meeting to Closed Session. The City Council reconvened at 6:01p.m. with all five City Council Members present.
CLOSED SESSION
CS1. Labor Negotiations - The Council Will Provide Direction to its Labor Negotiator Pursuant to Government Code Section 54957 and 54957.6. The Parties to the Negotiations Are the City and City’s Unrepresented Employees. The City’s Negotiator is Dennis Wilberg.
City Council Minutes 2 March 22, 2022
REPORT OF CLOSED SESSION
City Attorney Bill announced that the City Council gave instruction to the City’s Negotiator, but no reportable actions occurred.
INVOCATION: Mayor Bucknum
PLEDGE OF ALLEGIANCE: Council Member Kelley
Mayor Bucknum announced that Item 21 is being moved up right after Item 15.
PRESENTATIONS
P1. Presentation by Orange County Board of Supervisors Donald P. Wagner Received presentation from Supervisor Don Wagner.
COUNCIL MEMBER COMMENTS AND ACTIONS
Mayor Bucknum
1. Resolution of Support with the Orange County Board of Supervisors and Orange County Law Enforcement to Eliminate the Threat of Fentanyl in our Community
Mayor Bucknum gave her report.
Motion made by Mayor Bucknum, seconded by Council Member Kelley, to adopt Resolution 22-05 to Join with the Orange County Board of Supervisors and the Orange County Law enforcement in Committing to Eliminate the Threat of Fentanyl to our Community.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Raths, and Sachs
NOES: None,
ABSENT: None
PUBLIC COMMENTS
Nancy Van Dusen, M.V.: She criticized the ValueRock Open House on March 9, and said it was a waste of time since there was no research -based forum. She outlined her interaction with ValueRock Representatives at the Open House and stated all the reasons she feels this project is not right for Mission Viejo.
Cathy Palmer, M.V.: Commented on the brave citizens of the Ukraine. She stated that she still has hope that Council Member’s Goodell and Kelly will run for re-election in 2022 for a two-year term instead of extending their terms. She reminded the Council that both the Candidate Statements and
City Council Minutes 3 March 22, 2022
the 2020 Election Results stated that the term of office were for two years . Questioned the City Attorney on the terms of office.
Walt Lawson, M.V.: He addressed the terms of Council Member’s Goodell and Kelley and stated that there was no legal document to allow for extension of council terms if cumulative voting could not be implemented. Discussed that the voters were never informed that if Council Members were elected for two years that they could still serve four-year terms. Questioned the City Attorney and stated that those voters in Districts 2 and 4 will be disenfranchised from electing the Council Members in 2022.
Anita Goldin, M.V.: Spoke on the Housing Element Report to meet the goals of the State.
Questioned the Council and Staff why ValueRock’s Garden Plaza is being considered if they were not part of the Housing Element. She stated that Value Rock’s College Center was identified as a housing site and thirdly the Commerce Center on the other side of Marguerite/La Paz inter section is also part of the housing element. She voiced concerns over traffic if these projects are approved and asked the Council to not re-zone the Garden Plaza.
Carlos Pianelli, M.V.: Commented on rumors of kickbacks and lies of misinformation regar ding the Garden Plaza project. He stated that the rumors are out of control and are damaging the City.
Cathy Schlicht, M.V.: Expressed disappointment in the Council to block forty percent of voters to be able to vote in this year’s election. She believes this was crafted for a desired outcome to remain in elected office without a vote from the public. She outlined different points of the process and welcomes an investigation to determine if City Leaders abused the process, mislead the public and misapplied the law.
Attorney Curley stated that the City adopted its General Law as of 1988. The City terms of office have always been four years. When the City called the Election for Trish Kelley and Brian Goodell, it was not limited for two years. What the ROV chose to print is the ROV’s choice. They were referencing the lawsuit which was linked to rank choice or cumulative voting and was not linked to our Municipal Code, to the City standards, nor to State Law. It was a very single spoke to a very large wheel. He said if you want to blend it all into one thing, that is their prerogative, legally we think that very wrong.
Attorney Curley explained the process of the Developer and responsibility of staff. He explained the split between legislative proce ss and adjudicative. Legislative is the making of laws which includes zoning, general plan and high -level regulatory things. The project across the street can’t go forward under current general plan and zoning. The City has still not received final plans on this project. What the City can do at this point is critically evaluate the zoning they have requested.
If they don’t get the zoning approved, the net result is there is no project that conforms. He reminded residents that the City Council at the la st meeting instructed staff to put together the process by which we advance the consideration of zoning for this project, which is Item 21 on tonight’s Agenda. Lastly, he said that if the zoning is not adopted that site stays Office Professional.
City Council Minutes 4 March 22, 2022
CONSENT CALENDAR
Motion made by Council Member Kelley, seconded by Council Member Raths, 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
2. City Council Minutes
Approved the Minutes for the regular City Council Meeting of March 8, 2022, as presented.
3. Check Register Dated February 25, 2022 in the Amount of $883,952.39 Ratified the accompanying check register.
4. Check Register Dated March 4, 2022 in the Amount of $841,620.91 Ratified the accompanying check register.
5. FY 2021/22 Mid-Year Budget Review for the Mission Viejo Community Development Financing Authority
Adopted CDFA Resolution 22-01 Amending the Fiscal Year 2021/22 Budget for the Mission Viejo Community Development Financing Authority.
6. FY 2021/22 Mid-Year Budget Review for the Mission Viejo Housing Authority
Adopted Housing Authority Resolution 22-01 Amending the Fiscal Year 2021/22 Budget for the Mission Viejo Housing Authority.
7. Quarterly Financial Report for the City of Mission Viejo - Second Quarter FY 2021-22 Received and filed.
8. General Plan Progress Report for 2021
Received and filed.
9. Software Licensing Renewal for the Animal Services Center
Approved purchase order to HLP, Inc. in the amount of $35,216.80 for software licensing and support renewal for the Animal Services Center.
City Council Minutes 5 March 22, 2022
10. Renewal of Network Monitoring and Automated Cyber Defense Solution
Approved purchase order to Darktrace in amount not to exceed $35,557.50 for renewal of Enterprise Immune System and Antigena network monitoring and automated cyber defense solution.
11. Master Joint Use Agreement between the City of Mission Viejo and the Saddleback Valley Unified School District
Approved the Master Joint Use Agreement (A22-10) between the City of Mission Viejo and the Saddleback Valley Unified School District.
12. Saddleback Valley Unified School District Youth Services Contract 2022-2023
Approved the Saddleback Valley Unified School District Youth Services Contract (A22-11) for 2022-2023.
13. Lower Curtis Park - Water Quality Improvements (CIP 20245)
(1) Awarded the construction contract for the subject project to Earth Construction and Mining, Inc. (ECM) (A22 -12) in an amount not to exceed $891,247.00; and (2) adopted Resolution 22 -06 Amending the Fiscal Year 2021/2022 Budget for Costs Related to CIP 20245.
14. Purchase of Two (2) BMW Model R 1250 GS-P Police Motorcycles
Approved the Purchase of Two (2) 2021 BMW Model R 1250 GS-P Police Motorcycles in the Amount of $74,496.08 from Long Beach BMW Motorcycles.
OLD BUSINESS
15. Core Area Vision Plan Presentation of the Site Analysis, Field Reconnaissance and Site Plan Studies
Assistant City Manager Keith Rattay gave the staff report and presentation.
Cathy Schlicht, M.V.: Raised questions on the Sales Agreement with the Kinstler Trust. Stated that government has no business running a business.
Wade Weiman, Palos Verdes: Stat ed that he is in favor of the Core Vision Plan but raised concerns regarding the traffic and parking with Chick-fil-A.
Mark Puente, Ladera Ranch: Raised concerns on the impact Chick-fil-A will have on parking.
By consensus the City Council received and filed the presentation for the Core Area Vision Plan Site Analysis, Field Reconnaissance and Site Plan Studies.
City Council Minutes 6 March 22, 2022
CITY MANAGER REPORT (Item 21 was taken out of order)
21. Proposed ValueRock Realty Mixed Use Zoning Regulations
Director of Community Development Elaine Lister presented the staff report.
Lynn Holmes, M.V.: Appreciated that there has been more transparency among the Council this evening. She stated that she appreciates the historical value of the architecture of Miners Village and suggested something similar to that. She voiced that the businesses need to be given a chance to survive.
The following expressed opposition to mixed-use zoning at the Garden Plaza and encouraged the Council to vote against apartments at this sight: Yin Lu, M.V.; Neil Butterbaugh, M.V.; Nonny Bailey, M.V.; and Diane Fikert, M.V.
Cathy Schlicht, M.V.: Accused the City Attorney of being a bully. Referenced the two bonds Council approved for the Core Are a, one for nineteen million and a second for twenty -six million. She voiced concerns on the mixed -use apartments and stated i t appears that the Council is in favor of mixed-use housing perhaps three stories instead of six. She stated she is concerned with the Council manipulating the public like they did regarding the district - based voting the last five years. She pointed out the Kosmont Report and the history of discussions among the Council on this report. Lastly, she asked that the Council state publicly “no zone change”.
Mary Wathen, M.V.: Pointed out that she is glad there will be school traffic hours study regarding this project and agrees that the Garden Plaza needs a refresh.
Motion made by Mayor Bucknum, seconded by Council Member Kelley, receive report and directed staff to submit, and complete the public hearing process for, the ValueRock Realty requested Mixed-Use Zoning District through the Planning and Transportation Commission and City Council, in advance of the development application, General Plan Amendment, and Environmental Impact Report by mid-May.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Raths, and Sachs
NOES: None
ABSENT: None
NEW BUSINESS
16. Catalytic Converter Theft Ordinance
City Attorney Bill Curley gave the staff report and Chief of Police Vuong presented a PowerPoint.
City Council Minutes 7 March 22, 2022
Motion made by Council Member Kelley, seconded by Council Member Goodell, to introduce Ordinance 22-344 Adding Section 11.25 to Title 11 of the Mission Viejo Municipal Code Establishing Regulations Prohibiting the Unlawful Possession of Catalytic Converters in the City.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Raths, and Sachs
NOES: None
ABSENT: None
CITY MANAGER REPORT (Continued) (Item 20 was taken out of order)
20. Housing Element Update
Director of Community Development Elaine Lister gave the staff report.
Council Member’s asked various questions of Director Lister.
By consensus the City Council received and filed the report.
MAYOR’S, COMMISSION, COMMITTEE REPORTS AND ACTIONS
17. Transportation Corridor Agencies (TCA) Report
Council Member Kelley deferred her report to the Council Meeting on April 12, 2022.
18. Southern California Association of Governments (SCAG) Report Received report from Council Member Raths.
19. Orange County Transportation Authority (OCTA) Report Receive report from Council Member Goodell.
COUNCIL MEMBER COMMENTS AND ACTIONS (Continued)
22. 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
City Council Minutes 8 March 22, 2022
Council Member Goodell expressed that he was pleased that there was a change in tone today about the Council’s position on the Garden Plaza Project. He reminded everyone that this is private property and he strongly believes in private property rights. H e stressed that the private property owner has the right to bring their concerns and request to the City.
Council Member Kelley
Council Member Kelley announced that she attended a Ribbon Cutting Ceremony for Madrid Chiropractic and stated it is great to see new businesses opening up in the City. Lastly, she reported that the Character Word of the Month is Integrity.
Council Member Raths
Council Member Raths welcomed the season of Spring in our City. He pointed out the beautiful banners along Marguerite and La Paz that the American Persian Community invested thousands of dollars and went through the process with the City. The banners will remain up until the end of the month.
Mayor Pro Tem Sachs
Mayor Pro Tem Sachs responded to one of the comments this evening regarding the “City to break the seal of the community in Mission Viejo” he pointed out the report from HCD that it is the State that is breaking the seal. Mayor Pro Tem stated it’s impor tant to understand what happens when you live in a one-party state and quoted from SB866 portends to lower the age of consent to twelve years old to get a COVID vaccination without parental consent. He reported that SB871 requires that all children up to the age of seventeen years old have to get a COVID vaccination in order to attend daycare, public and private schools with no exemptions. SB920 authorizes the medical board to inspect a doctor’s office and their records without the patients consent. He s tated that this is a violation of HIPAA laws. SB1464 forces law enforcement officials to enforce public health orders even if they oppose or adopt a policy to oppose a public health order. SB1479 requires schools to consider COVID testing and create testi ng plans long -term. SB1390 censors any social media platform that puts dissenting information that contradicts the government narrative, any information regarding medicine or vaccinations, information regarding elections and conspiracy theories.
SB1184 changes the California Medical Privacy Act to authorize a health care provider or service plan to disclose your child ’s medical information to a school link service coordinator without parental consent. AB1797 makes changes to the California Immunization R ecord Data Act for government agencies to have access to all vaccine records in addition to just students. AB1993 requires all employees including independent contractors to show proof of COVID vaccination to work in the State of California. AB2098 class ifies the Spring of COVID 19 Medical Opin ion by doctors and surgeon’s contrary to CDC narrative as misinformation and as unprofessional conduct that will result in disciplinary action. He stressed that local government, school boards, water boards, and po lice officers are losing control and its absolutely quackery what is going on and having to do with censorship. He reminded residents that within fourteen months the City was able to put back into our reserves the fourteen million dollars cash that we paid for the golf course.
Finally said that the Community Services Commission voted one way for the Core Area and the Planning Commission voted another way
City Council Minutes 9 March 22, 2022
Mayor Bucknum
Mayor Bucknum stated that elections matter and stressed that changes need to made in California and that changes on this Council will not fix what is being placed on this Council by the State. She wished that those that are vilifying this Council would focus their efforts a little further north in the State. She announced that they are in the process of setting a date for the Sober Living Town Hall Meeting which will be sometime the beginning of May. She thanked Council Raths for bringing forth the ideas for Nowruz, which is a beautiful celebration of Spring within the Persian Community. Mayor Bucknum attended the Terrace on the Green’s St. Patrick’s Day celebration.
Lastly, she thanked everyone for attending the meeting this evening.
ADJOURNMENT AT 9:58 P.M. TO TUESDAY, APRIL 12, 2022, AT 5:00 P.M.
______________________________________________
Renata Winter, Assistant City Clerk
Approved at the meeting of April 12, 2022