City Council Minutes 1 May 10, 2022
MISSION VIEJO MINUTES
City Council, Community Development Financing Authority, Successor Agency of the Community Development Agency,
Housing Authority, and Library Board of Trustees*
May 10, 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 May 10, 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 May 5, 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 Kelley
Council Member Goodell
Council Member Raths (arrived at 5:06 pm)
Mayor Bucknum
Absent: Mayor Pro Tem Sachs 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
Renata Winter, Assistant City Clerk
CLOSED SESSION
CS1. Conference with Legal Counsel-Existing Litigation(Paragraph (1) of Subdivision (d) of Section 54956.9) Name of Case: (Michael Schlesinger v. City of Mission Viejo)
CS2. Liability Claims and Existing Litigation: Claimants: Liberty Mutual and Yasin: Agency Claimed Against - City of Mission Viejo and: Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) Section 54956.9 (2 cases)
City Council Minutes 2 May 10, 2022
CS3. Conference with Labor Negotiators (Government Code Section 54957.6) Agency Designated Representatives: Dennis Wilberg, Cheryl Dyas, and Monique Goetz.
Unrepresented Employees: Animal Services Department Personnel.
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: 01 p.m. with four City Council Members present and Mayor Pro Tem Sachs absent.
REPORT OF CLOSED SESSION
City Attorney Curley announced there were three properly agenized Closed Session Items. The City Council was updated as to facts and circumstances. No actions were taken therefore no reportable actions were taken.
INVOCATION: Mayor Bucknum
PLEDGE OF ALLEGIANCE: Council Member Goodell
PUBLIC COMMENTS
Cathy Palmer, M.V.: Asked that Council Member’s Goodell and Kelley run for re -election for a two-year term in 2022 instead of extending their terms to 2024. She pointed out the resolutions from 2020 stated two seats for two years. She quoted the City Attorney on his statement from the March 22 Minutes and scolded the City Attorney for misleading the voters.
Larry Gilbert, M.V.: Questioned Mayor Pro Tem Sachs’ comments from the March 22 Minutes regarding the golf course and asked where the fourteen million dollars to pay off the golf course came from.
Nancy Van Deusen, M.V.: Commented on the condition of the Garden Plaza and asked if heritage is a throwaway. She asked the City Council to keep the current zoning as office professional.
Walt Lawson, M.V.: Questioned the Council Member’s Goodell and Kelley on extending their terms an additional two years and asked by what evidence permits them to serve an additional two years without a vote of the residents. He further challenged Mayor Bucknum, Mayor Pro Tem Sachs and Council Member Raths to answer the same questions. He also stated that Attorney Curley has never answered his questions pertaining to this. Urged that Council Member’s Goodell and Kelley run for election in 2022.
Carlos Pianelli, M.V.: He shared that for the future the City needs to stay true to the community and future challenges from opportunists and stay true to the founders of this great planned city. He suggested that we adopt more well -defined protections in the City Council’s control to protect citizens of Mission Viejo for opportunists like ValueRock Realty.
City Council Minutes 3 May 10, 2022
Nonny Bailey, M.V.: Asked that Council Member’s uphold the Planning Commission’s decision to deny the re -zoning of the Garden Plaza. She voiced concerns over vehicle noise at the intersection of La Paz and Marguerite during the night. Quoted from the California Vehicle Code and the City code regarding noise element reports. Asked if signs could be installed to enforce the vehicle noise violations along with speed limits.
Ken Kisling, M.V.: Commented on the results of the City Survey that was discussed at the last meeting. He suggested the City try harder to encourage residences to sign u p for the e-newsletter to stay informed. Questioned why the question of mixed-use housing was on the survey and asked the Council to state whether they are for or against it.
Maggie Fleitman, San Clemente: Raised concerns to the City Council regarding t he fentanyl poisoning of our children. Spoke about her support group called “Solace for Hope” that meets every month at the Norman P. Community Center the second and fourth Wednesday monthly.
Lastly, she asked what the City is doing about this crisis and offered her assistance in educating the community.
Yin Lu, M.V.: Voiced her frustration with lack of notification to residents on the proposed projects such as ValueRock project, the 5-G Tower in her neighborhood, and the General Plan Element that was adopted by the City Council last October. She highlighted some of the General Plan Element and encouraged residents to get a copy and review it. Suggested that the City Council and the Planning Department send out notices directly to the residents regarding proposed plans and zone changes.
CONSENT CALENDAR
Motion made by Council Member Kelley, seconded by Council Member Goodell, to approve the Consent Calendar 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 April 26, 2022, as presented.
2. Check Register Dated April 15, 2022 in the Amount of $2,634,540.92 Ratified the accompanying check register.
3. Check Register Dated April 22, 2022 in the Amount of $1,146,784.71 Ratified the accompanying check register.
City Council Minutes 4 May 10, 2022
4. City Treasurer’s Monthly Report for March 2022
Received and filed.
5. Successor Agency of the Community Development Agency Treasurer’s Monthly Report for March 2022
Received and filed.
6. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for March 2022
Received and filed.
7. Mission Viejo Housing Authority (MVHA) Treasurer’s Monthly Report for March 2022
Received and filed.
8. Transmittal of Pre-PARE Trustee Reports for the Quarter Ending March 31, 2022
Received and filed the accompanying Pre-PARE Trustee Reports for the Quarter Ending March 31, 2022.
9. Community Services Grant Funding Program Allocations Approved the Community Services Commission's grant funding recommendations for 2022.
10. Amendment to Agreement with JHD Planning, LLC to Update the General Plan Housing Element (6th Cycle)
Approved Second Amendment with JHD Planning, LLC for an additional $50,620, resulting in a not-to-exceed amount of $133,532 to update the General Plan Housing Element, and extending the term of the Agreement through June 30, 2023.
PUBLIC HEARINGS
11. Development Code Amendment DCA21 -20- being a separate application and petition submitted by Patrick Cox for, and as agent of, ValueRock Realty, on October 6, 2021, to amend the City of Mission Viejo Development Code and establish a new Mixed- Use Zoning District, including a mix of permissible new land uses and development standards. DCA2021-20 is considered in advance of ValueRock Realty’s development application, which in cludes General Plan Amendment GPA2021 -36, Zone Change ZC2021-24, Planned Development Permit PDP2021- 321, Variance VAR2021- 58 and Tentative Tract Map TTM19159, for the development of a mixed -use project. The yet incomplete future project is referenced as " The Gardens" and is on a 6.5- acre site located at 27001 La Paz Road, currently zoned OP (Office/Professional). The
City Council Minutes 5 May 10, 2022
anticipated "The Gardens" project is reported to include ground floor retail uses totaling 48,000 sq. ft., four upper stories of residential development totaling 234 apartment units, and both surface and structured parking for a total of 626 parking spaces
Mayor Bucknum opened the Public Hearing at 6:43 p.m.
City Attorney Bill Curley presented the staff report.
Richard Schweinberg, M.V.: Made suggestions for other mixed-use locations and asked that the Council deny this application.
Adriana Brady, M.V.: Raised concerns that ValueRock is not going to give up and asked about the Chick fil A replacing The Claim Jumper with lack of communication to residents about various projects within the City. She also raised concerns about the fentanyl crisis coming across the border.
Bryan Zuetel, M.V.: Voiced that he supports staff recommendation to deny the re-zone of the Garden Plaza. Comment ed that mix -use will be coming to the City as we have to satisfy Sacramento, but stated that the corner of Marguerite and La Paz is not the location.
Carlos Pianelli, M.V.: Stated that he started the “Stop the Monster” campaign and that they will be the guardians of the City if need be. Outlined the efforts that his group made during this campaign. Outlined ValueRock and pointed out the reasons this company is not a developer but opportunists.
Natalie Parsons, M.V.: Stated how much she loves Mission Viejo and asked that the Council not re-zone the Garden Plaza.
Cathy Schlicht, M.V.: Stated that City Attorney Curley crafted a process for a desired outcome and quoted city resolution stating that Council Member’s Goodell and Kelley were elected for a term of two years. Read an excerpt from a letter by Value Rock’s attorneys. Lastly, she read off the Council Members 497 (24-hour/10-day Contribution Report ) filings from past elections.
Christopher Lance, M.V.: Addressed the Council that he has been a resident for the past nine years and voiced concern over the increase of traffic in the City. Pointed out various environmental impacts of mixed-use developments.
Bob Knoke, M.V.: Raised concerns regarding traffic and asked that the Council listen to the Planning Commission and Traffic Committee and deny the re-zone of the Garden Plaza.
City Manager Dennis Wilberg encouraged everyone that signed the petition opposing this project to send a letter to Sacramento opposing Assembly Bill 2011. The City has taken a position against it. He quoted from AB2011 “Notwithstanding any inconsistent provision of a local government’s general plan, specific plan, zoning ordinance, or regulation, a housing development shall be a use by right within a zone where office, retail, or parking are a
City Council Minutes 6 May 10, 2022
principally permitted use.” He stated that if this Bill passes the City will have no say in ValueRock coming right back in and putting their project on the sight we are talking about.
The Council Members gave their input.
Mayor Bucknum closed the Public Hearing at 7:52 p.m.
Motion made by Council Member Kelley, seconded by Council Member Raths, to adopt Resolution 22-09 Denying Development Code Amendment DCA21-20.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, and Raths
NOES: None
ABSENT: Sachs
MAYOR’S, COMMISSION, COMMITTEE REPORTS AND ACTIONS
12. Orange County Transportation Authority (OCTA) Report Received report from Council Member Goodell.
13. Orange County Fire Authority (OCFA) Report
Received report from Fire Chief Capobianco.
CITY MANAGER REPORT
City Manager Wilberg introduced the new Chief of Police Services Chris McDonald.
CITY ATTORNEY REPORT
City Attorney Curley introduced the new Planning Manager Jennifer Lowe.
COUNCIL MEMBER COMMENTS AND ACTIONS
14. 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 spoke about his trip to Europe and the cities he visited had many mixed-use housing developments. He stated he is glad to be back.
City Council Minutes 7 May 10, 2022
Council Member Kelley
Council Member Kelley attended the Mission Viejo Girls Softball closing ceremonies on April
29. On May 1 she attended the Water Safety event at the Marguerite Aquatics Center. She stated she attended the Ribbon Cutting Ceremony for Raising Cane’s on Crown Valley Parkway.
Council Member Kelley announced there is a blood shortage and the City will be hosting a blood drive on June 21 and you can make an appointment through redcross.org website.
Council Member Raths
Council Member Raths welcomed our new Police Chief Chris McDonald and Planning Manager Jennifer Lowe. Stated he has been on the Council for eight years and stated that the Stop the Monster is the largest public interest he has seen. He stated that he attended both Amazon Fresh and Raising Cane’s grand opening. He also attended the Annual Day of Prayer. Council Member Sachs attended Santa Margarita Water Fest this past Saturday. Lastly, he said it’s been a great two weeks and thanked those that participated this evening and reminded residents about the Primary Election on June 8.
Mayor Bucknum
Mayor Bucknum thanked Maggie Fleitman on her support group “Solace for Hope”. She indicated that the City is working with County Supervisor Don Wagner and Senator Pat Bates on the fentanyl crisis. Council Member Bucknum announced that this Thursday at 6:00 pm she will be hosting a Sober Living Town Hall in the Council Chamber. She asked staff to give an update on the Chick fil A going in where the current Claim Jumper restaurant is now. Attorney Curley announced that the Planning Commission approved the application at last night’s meeting. Mayor Bucknum shared that she was appointed Chair to the Orange County Council of Governments. She s tated that this the entity that feeds into the Southern California Assoc iation of Governments (SCAG) which will give her a lot of impact on housing and policy. She encouraged residents to visit the pop-up Paseo across the street. Assistant City Manager Rattay gave an outline of the pop- up and some of the events that will be coming up. Lastly, she announced that this S aturday there will be an E-Waste and Hazardous Household Disposal event in the parking lot at City Hall
ADJOURNMENT AT 8:19 P.M. TO TUESDAY, MAY 24, 2022, AT 5:00 P.M.
______________________________________________
Kimberly Schmitt, City Clerk
Approved at the meeting of May 24, 2022