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*
April 12, 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 April 12, 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 April 7, 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 Bucknum
Absent: Mayor Pro Tem Sachs
Staff Present: Dennis Wilberg, City Manager
Keith Rattay, Assistant City Manager
William P. Curley III, City Attorney
Cheryl Dyas, Director of Administrative Services
Kimberly Schmitt, City Clerk
CLOSED SESSION
CS1. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9:
(1 case).
PUBLIC COMMENTS (taken out of order)
Dave Smer, M.V.: Voiced concerns over the excessive speed of automobiles on Muirlands and the lack of police presence. He stated that damage to a block wall on the corner of Muirlands and Spartan has been damages for over a year and asked when this would be fixed.
City Council Minutes 2 March 22, 2022
RECESS TO CLOSED SESSION AND RECONVENE
At the hour of 5:05 p.m., Mayor Bucknum recessed the meeting to Closed Session. The City Council reconvened at 6:01 p.m. with four City Council Members present and Mayor Pro Tem Sachs absent.
REPORT OF CLOSED SESSION
City Attorney Curley announced there was no reportable actions occurred.
INVOCATION: Council Member Raths
PLEDGE OF ALLEGIANCE: Council Member Kelley
PRESENTATIONS
P1. Vector Control Update
Received report from Bob Ruesch.
PUBLIC COMMENTS (Continued)
Walt Lawson, M.V.: Expressed his disappointment on the District Map chosen and laid out his concerns regarding the two-year term extension of Goodell and Kelley.
Michael Schlesinger, M.V.: Announced that the City was served with a summons and complaint that he filed to challenge the City’s refusal to call the election for seats of Brian Goodell and Trish Kelley. He pointed out his reasons for the lawsuit.
Cathy Palmer, M.V.: She made an appeal to Brian G oodell and Trish Kelley to stand for election this year and not extend their terms for two years. Questioned the terms and asked what is to stop Council Members in the future to extend their terms.
Ed Maurer, M.V.: Spoke on Community Choice Energy and ref erence other Cities in Orange County that are participating in these programs and encouraged the Council to do the same.
Helen Maurer, M.V.: Expressed her anger at the Council for not considering Community Choice Energy. Spoke about climate change and voiced her concerns.
Mary Wathen, M.V.: Stated that she attended the Planning & Transportation Commission Meeting and expressed that it was a terrific sight of the community standing together and encouraged the Council to accept the recommendation of the Commission and vote no on May 10 to deny the zone change for proposed Garden Plaza Development.
Gideon Victor, M.V.: He stated he agrees with the Commission’s decision to deny the zone change of the Garden Plaza. He encouraged the Council to still look at mixed-use in other areas of the City.
He explained that mixed-use is very profitable for cities.
City Council Minutes 3 March 22, 2022
Carlos Pianelli, M.V.: Commented that his Stop the Monster campaign is non-political and does support sensible planning. He pointed out various developments throughout the City that do not affect the traffic and outlined the importance of small businesses in our community.
Anita Goldin, M.V.: Thanked the Council for listening over the past few weeks regarding the traffic and environmental impacts of the Garden Plaza re-zone. Expressed concern on the condition of the Garden Plaza and asked if the City had any interest in buying the property. She asked that the Council vote no on May 10 for the re-zoning of the plaza.
Cathy Schlicht, M.V.: Questioned why the City Attorney interject himself with the public when the City Council should be responding. She stated that the City Attorney is protecting and controlling the official narrative and feels he is misinterpreted her comments and taken her statements out of context. She questioned if public resources through the City Attorney are being used to protect and promote Council seats and to aid in re-election campaigns.
Michele Mitchell, M.V.: Thanked the Council and Staff for their great relationship with the Mission Viejo Nadadores and all the hard work the City Council does for the community.
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: Bucknum, Goodell, Kelley, and Raths
NOES: None
ABSENT: Sachs
1. City Council Minutes
Approved the Minutes for the regular City Council Meeting of March 22, 2022, as presented.
2. Check Register Dated March 11, 2021 in the Amount of $3,028,134.97 Ratified the accompanying check register.
3. Check Register Dated March 18, 2022 in the Amount of $586,988.71 Ratified the accompanying check register.
4. Check Register Dated March 25, 2022 in the Amount of $808,799.36 Ratified the accompanying check register.
City Council Minutes 4 March 22, 2022
5. City Treasurer’s Monthly Report for February 2022
Received and filed.
6. Mission Viejo Housing Authority (MVHA) Treasurer’s Monthly Report for February 2022
Received and filed.
7. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for February 2022
Received and filed.
8. Successor Agency of the Community Development Agency Treasurer’s Monthly Report for February 2022
Received and filed.
9. Los Alisos Boulevard, Marguerite Parkway, and Santa Margarita Parkway Pavement Rehabilitation (CIP 22837)
(1) Certified the completion of and accept the improvements for the subject project; (2) authorized the City Manager to sign the Notice of Completion; (3) authorized the City Clerk to record the Notice of Completion with the County of Orange and to release the faithful performance and payment bonds one year and 35 days , respectively, after the date of recordation of the Notice of Completion contingent upon no claims or liens being filed with the City; and (4) authorized the release of the final retention 35 days after the date of recordation of the Notice of Completion.
10. Catalytic Converter Theft Ordinance
Adopted 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.
11. Dive Well Bleachers at the Marguerite Aquatics Complex
(1) Approve the Conditional Agreement (A22-13) for a Cash-Gift Contribution to the City of Mission Viejo for public improvements to the Marguerite Aquatics Complex Nadadores Foundation as Grantor, and (2) iss ue a purchase order in an amount not to exceed $125,175 to Southern Bleacher Company for the purchase and installation of new bleachers at the dive well.
12. Marty Russo Youth Athletic Park Field Lighting (CIP 331)
City Council Minutes 5 March 22, 2022
Approved the Plans and Specifications and authorize staff to advertise for bids for CIP 331 - Marty Russo Youth Athletic Park Field Lighting.
13. Painting and Related Services at City Facilities
(1) Approved the first amendment for Signature Painting (A22-14A) for Painting and related services at City Facilities; and (2) authorized a change order to the existing purchase order for Signature Painting in an amount not to exceed $90,000.00.
14. Air Conditioning Repairs and Related Services at City Facilities
(1) Approved the second amendment for Control Air Enterprises, LLC for air conditioning repairs and related services at City Facilities; and (2) authorize a change order to the existing purchase order for Control Air LLC in an amount not to exceed $10,000.00.
15. Heating, Ventilation and Air Conditioning Repairs and Related Services at City Facilities
(1) Approved the second amendment for South Coast Mechanical for HVAC repairs and related services at City Facilities; and (2) authorized a change order to the existing purchase order for South Coast Mechanical in an amount not to exceed $130,000.00.
MAYOR’S, COMMISSION, COMMITTEE REPORTS AND ACTIONS
16. Transportation Corridor Agencies (TCA) Report
Received report from Council Member Kelley.
17. Orange County Transportation Authority (OCTA) Report Received report from Council Member Goodell.
CITY MANAGER REPORT
City Manager Wilberg announced that on Thursday May 12 the City will be holding a Town Hall Meeting on Sober Living Homes headed by Senator Pat Bates.
COUNCIL MEMBER COMMENTS AND ACTIONS
18. 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 6 March 22, 2022
Council Member Goodell announced he will not be able to attend the next meeting. He also gave a shout-out to Animal Services for assisting when his dog was attacked by a coyote.
Council Member Kelley
Council Member Kelley stated that she attended the Saddleback Valley Unified School District Unified Games event on April 7 at Trabuco Hills High School. She also attended the Orange County Business Council dinner along with C ouncil Member Goodell and Mayor Bucknum. Council Member Kelley announced on Saturday April 16 Lake Mission Viejo will be hosting Marine Lake Day for the City’s Adopted Marine Battalion.
Council Member Raths
Council Member Raths announced that every Tuesday morning at 8:00 a.m. at the Norma P.
Community Center the Mission Viejo Chamber of Commerce meets and he encouraged small business owners to network. He also shared on April 21 at the Animal Services Center they will be holding a five-city mixer. Lastly, he stated that on June 9 the Mayor will be hosting a State of the City breakfast at the Arroyo Trabuco Golf Course.
Mayor Bucknum
19. Support an End to Both the State of California and County of Orange COVID-19 State of Emergency and Calling Upon the California Legislature to Revoke the Governor’s Emergency Powers
Mayor Bucknum presented her report.
Motion made by Mayor Bucknum, seconded by Council Member Goodell, to a dopt Resolution 22-07 Requesting and Supporting an End to the COVID -19 State of Emergency and Calling Upon the California Legislature to Revoke the Governor's Emergency Powers and the Board of Supervisors of the County of Orange to Rescind and Terminate the County Declaration of Emergency.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, and Raths
NOES: None
ABSENT: Sachs
Mayor Bucknum stated that she has received outreach from residents regarding “street vendors” on city sidewalks. City Attorney explained that the City is very limited due to SB946 which gives the vendors protection. Mayor Bucknum clarified that the vendors have to allow a fou r-foot clearance on the public sidewalk and asked staff to put a news article on the City’s website. She announced that she along with Elaine Lister gave a presentation on Accessory Dwelling Units (ADU) and how it relates to Home Owner Associations. She would like to do some outreach to the HOA’s and asked staff to look into holding round tables with Board Members. She stated that the Council has been huge advocates for the City regarding housing and the State and we are facing some political back
City Council Minutes 7 March 22, 2022
lash as a result and she want the resident to know that it is election season and there will be legal issues the Council will not be able to comment. Mayor Bucknum said that this Council are people of integrity, we serve, and it is disappointing to see the divisi on within our State for which she is disappointed and sad. Lastly, she announced that she will be running for re -election and wished everyone a Happy Easter, Happy Ramadan, and a very Happy Healthy Passover.
ADJOURNMENT AT 7:28 P.M. TO TUESDAY, APRIL 26, 2022, AT 5:00 P.M.
______________________________________________
Kimberly Schmitt, City Clerk
Approved at the meeting of April 26, 2022