City Council Minutes 1 June 14, 2022
MISSION VIEJO MINUTES
City Council, Community Development Financing Authority, Successor Agency of the Community Development Agency,
Housing Authority, and Library Board of Trustees*
June 14, 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 June 14, 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 June 9, 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 (arrived at 5:04 pm)
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
Cheryl Dyas, Director of Administrative Services
Kimberly Schmitt, City Clerk
Renata Winter, Assistant City Clerk
CONSIDERATION OF ADDITION OF LATE ARISING MATTER
City Attorney Bill Curley announced that the City was communicated to by PRES (Professional Real Estate Services) regarding a purchase opportunity of the CVS Store which is on the market.
The broker for CVS reached out to the City Manager roughly a week ago. No action was taken by staff. PRES knowing the City has interest in the success of that Center started their own due diligence. They may try to purchase the CVS Store, or look for public -private partnership.
Councilmember Goodell wanted the Council to give direction to staff which would mean we would walk on two items this evening. The first being the public discussion on whether you have any interest, not necessarily in purchasing but in conducting due diligence, pursuing the details of what a sale could be. If you do then the second item to add would be Closed Session to go over price and terms. Mr. Curley reminded the Council there would have to be two findings that the need arose
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after the agenda was posted and the need to take immediate action. The Broker for CVS stated they are looking at offers this week which would fulfill the need for immediate action. This will take a four member yes vote.
Bob Breton, M.V.: Stated that this is a great opportunity and to do nothing w ould be to lose a potential opportunity. He expressed what a wonderful town Mission Viejo is with its hometown pride and feeling. He stated that the residents have overwhelm ingly expressed their satisfaction per the recent survey with the actions of the Council and Staff.
Motion made by Council Member Goodell , seconded by Mayor Pro Tem Sachs , to approve the discussion in Open Session and to add Closed Session for price and terms.
On roll call, said motion failed by the following vote:
AYES: Goodell, Raths, and Sachs
NOES: Bucknum and Kelley
ABSENT: None
By consensus the City Council agreed to hold a Special Meeting on Thursday, June 14 at 6:00 pm.
RECESS AND RECONVENE
At the hour of 5:25 p.m., Mayor Bucknum recessed the meeting. The City Council reconvened at 6:07 p.m. with all five City Council Members present.
INVOCATION: Mayor Pro Tem Sachs
PLEDGE OF ALLEGIANCE: Nolan Krahel, Mark Stewart, and Troy Simonian from Boy Scout Troop 661
PRESENTATIONS
P1. Hometown Hero Presentation
Mayor Bucknum presented Lucy Dunn with a Hometown Hero Proclamation.
P2. Adopted Headquarters Battalion of the 1st Marine Division Quarterly Recognition
Mayor Bucknum presented certificates of commendation to the "Marine of the Quarter" Lance Corporal Andres Cervantes, and "Noncommissioned Officer of the Quarter" Sergeant Destiny Dempsey.
P3. Proclamation for the 50th Anniversary of Title IX
Mayor Bucknum presented a proclamation to Elizabeth Busick.
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P4. Mission Viejo High School Girls Softball Team Recognition
Mayor Bucknum recognized Mission Viejo High School Girls Softball Team for their CIF Division II Championship.
PUBLIC COMMENTS
Cathy Schlicht, M.V.: Spoke out about the extension of City Council terms and questioned the slap lawsuit against the plaintiff and read the definition of a slap lawsuit. Voters voices will be heard on November 8.
Michelle O’Brien, M.V.: Expressed how much she loves Mission Viejo. Shared her concerns about the voter apathy in the City at the June Primary Election.
Cathy Palmer, M.V.: Expressed her disappointment on her unanswered questions with regards to City Council terms Asked the Council how she and other residents in 2020 knew if they were electing Council Members for a two-year term versus a four-year term. Commented on the Citizen’s Take Action survey on transparency. She asked again that Council Member’s Raths, Sachs, and Bucknum resign and that Council Member’s Goodell and Kelley run for re-election in 2022.
Walt Lawson, M.V.: He proposed Mayor Bucknum, Mayor Pro Tem Sachs, and Council Member Raths resign, Council Member’s Goodell and Kelley honor their terms and serve only two years , thus all five Council seats would be up for election in November 2022 saving Mission Viejo tax payer’s money. Questioned why the City Attorney opposed the request to expedite the illegal proceedings and why the city rejected Judge Shwarm to hear these cases.
Mary Wathen, M.V.: Spoke out on the dangers of e-bike riders and outlined various scenarios that she has run into within the City. She suggested a license and training before they can operate e - bikes.
Robert Breton, M.V.: Spoke on the Voting Rights lawsuit and quoted from the stipulated judgement. He outlined both the stipulated judgement and the amended stipulation judgement.
City Attorney Curley clarified that the City did not file a slap suit, the city filed an anti-slap suit.
Police Chief McDonald stated that the City has heard the concerns of e -bikes. He is in talks with the City Manager and Assistant City Manager regarding an ongoing summer plan to address the issues. Chief McDonald said most of the issues are coming from middle school kids that are brand new to the commuting world. The goal is to try to reinforce the education component and understanding the rules of the road by social media campaigns, ongoing education on the trails, as well as an enforcement plan utilizing police servic es and reserves. He did clarify that the fatal e- bike traffic collision in San Clemente was a 40 year -old male. He did sate that there was another e-bike collision in South Orange County that did involve a youth that ended up in critical condition in the hospital. Chief McDonald said that post summer they will be working with the schools to help with messaging on safe drop off and pick up scenarios and also working with the School Resource Officers to make sure the rules are being followed.
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CONSENT CALENDAR
Motion made by Mayor Pro Tem Sachs, seconded by Council Member Kelley, to approve th e 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 May 24, 2022, as presented.
2. Check Register Dated May 13, 2022 in the Amount of $2,446,181.48 Ratified the accompanying check register.
3. Check Register Dated May 20, 2022 in the Amount of $1,446,893.93 Ratified the accompanying check register.
4. Check Register Dated May 27, 2022 in the Amount of $872,791.67 Ratified the accompanying check register.
6. Successor Agency of the Community Development Agency Treasurer’s Monthly Report for April 2022
Received and filed.
8. Mission Viejo Housing Authority (MVHA) Treasurer’s Monthly Report for April 2022 Received and filed.
9. Quarterly Financial Report for the City of Mission Viejo -Third Quarter FY 2021-22 Received and filed.
11. Professional Services Consultant Team
(1) Approved the Professional Services Consultant Team Roster (for plan check/design or other professional services); (2) authorized the City Manager to execute contracts with members of the Professional Services Consultant Team as needed; (3) authorized the City Manager to add consult ants to the Professional Services Consultant Team Roster as needed during the contract term.
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12. Mission Viejo Trash and Runoff Abatement Project (TRAP): Catch Basin Debris Screen and Automated Retractable Screen Installations in the North Central City A rea (CIP 22250)
Awarded the construction contract in the amount of $200,000.00 to G2 Construction, Inc., (A22-18) for the subject project.
13. Mission Viejo Trash and Runoff Abatement Project (TRAP) - 2022 Measure M2 ECP Grant Application
Adopted Resolution 22 -13 Authorizing an Application for Funds for the Environmental Cleanup, Tier 1 Grant Program Under Orange County Local Transportation Ordinance No. 3 for the Mission Viejo Trash and Runoff Abatement Projects.
14. Amendment to the City of Mission Viejo Renewed Measure M (M2) Seven-Year Capital Improvement Program
Authorized the Director of Public Works to process an administrative amendment to the City of Mission Viejo Renewed Measure M (M2) Seven-Year Capital Improvement Program with the Orange County Transportation Authority, beginning with the 2021/22 fiscal year, to re - insert three completed, CIP projects funded with M2 grant funds back into the FY2021/22 7- Year CIP: the MV Trash & Runoff Abatement: Central; the Mission Viejo TRAP: Vi a Fabricante Area; and the Los Alisos Blvd/Santa Margarita Parkway Intersection Widening; and further, to add $40,000 in M2 funding for the District 5 Regional Bikeways: Mission Viejo N/S Corridor Trail & Jeronimo/Chrisanta Trail OCTA CMAQ grant project, f or FY2021/22.
15. 2022 Fourth of July Community Street Faire
Approved the Special Events Permit submitted by the Mission Viejo Activities Committee authorizing the annual Mission Viejo Fourth of July Community Street Faire on Monday, July 4, 2022.
16. Contract Renewal with Mercy House Living Centers for Homeless Outreach Services
Approved Mercy House Living Centers Contract (A22 -19) for Homeless Outreach Services for $88,000.
ITEMS REMOVED FROM THE CONSENT CALENDAR
10. Highway Bridge Program (HBP) Grant: La Paz Bridge and Road Widening Project (CIP 01756)
Director of Public Works Mark Chagnon presented he staff report.
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Motion made by Mayor Bucknum, seconded by Council Member Kelley, to adopt Resolution 22-12 Approving and Authorizing Execution of Program Supplement No. M014 Rev. 1 to the Administering Agency -State Master Agreement No. 12 -5451 for Federal Aid Projects between the State Department of Transportation and the City of Mission Viejo.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Raths, and Sachs
NOES: None
ABSENT: None
NEW BUSINESS
17. City Operating and Capital Improvement Program Revised Budget - Fiscal Year 2022/23
Director of Administrative Services Cheryl Dyas presented the staff report.
The City Council asked various questions.
Motion made by Mayor Bucknum, seconded by Mayor Pro Tem Sachs, to (1) adopt Resolution 22-14 Adopting a Revised Budget for the City of Mission Viejo for Fiscal Year 2022-23 and Appropriating Funds for Fiscal Year 2022- 23; and (2) adopt Resolution 22-15 Amending the Authorized Position Schedule and the City’s Salary Schedule Effective July 1, 2022.
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
18. Local Agency Formation Commission (LAFCO) Report
Received report from Mayor Bucknum.
19. Orange County Transportation Authority (OCTA) Report Received report Council Member Goodell.
CITY MANAGER REPORT
City Manager Wilberg thanked the City Council for passing the budget this evening. He stated that staff worked really hard on this budget and your comments will go a long way in expressing appreciation for all their hard work.
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CITY ATTORNEY REPORT
COUNCIL MEMBER COMMENTS AND ACTIONS
20. 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 has been very busy the last couple of weeks with several boards he serves on.
Council Member Kelley
Council Member Kelley stated she has been very busy with city events. She announced the need for lifeguards at City recreation facilities. She attended three school events: De Portola Elementary School for being recognized as a National Blue- Ribbon School, Newhart Middle School’s eighth grade award event, and at Linda Vista Elementary for achieving the status of Intern ational Bachelorette. Council Member Kelley gave kudos to c ity staff on the Memorial Day Ceremony.
She attended the Library and Cultural Arts Volunteer Recognition and encouraged residents to volunteer. She also attended a Pop-up Art in the Park event at Melinda Park. Lastly, she announced she attended the Nadadores Midnight Fundraiser which was a big success this past Saturday and concluded with the Character Word of the Month for June is Citizenship.
Council Member Raths
Council Member Raths thanked city staff on all the ir hard work on the budget and the wonderful Memorial Day Ceremony. He announced after the city ceremony he attended the El Toro Cemetery Memorial Day Ceremony along with Mayor Bucknum and Council Member Kelley. He congratulated all the 2022 high school graduates and congratulated his goddaughter Maya Shikati on her recent graduation and wish her best at San Diego State University.
Mayor Pro Tem Sachs
Mayor Pro Tem Sachs announced that the Orange County Fire Authority and Finance Committee that he sits on, he was able to get the committee to increase the budget three million dollars to rebuild Station 24. Emphasized that just because people make public comments doesn’t mean that what they are stating is correct. He outlined a few e xamples. Mayor Pro Tem Sachs stated that during Secure O.C. Schools Meeting that guns would not be talked about was in part because there was nothing Secure O.C. Schools can do about gun laws . He reiterated that at the Council level, we don’t have the aut hority. He addressed the request from a public speaker regarding the open letter to stop gun violence and stated at the O.C. Secure M eeting that anybody who wants to put together a task force to look into guns has his support. Th meeting focused on how they can reach out to children at risk before they become shooters. Mayor Pro Tem Sachs announced that the
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county is trying to find more mental health beds. He stated that from 1964 to present, 98% of the mental health beds in the United States have been eliminated and half of those beds dealt with people who were intent on hurting themselves or others. He commented that whenever he goes through Los Angeles that half if not more of the homeless encampments are veterans who served this Country and expressed how they are being treated is disgusting.
Mayor Bucknum
Mayor Bucknum said she attended Relay 4 Life and attended the Midnight Madness fundraiser at the Mission Viejo Aquatics Center. She also attended the Grapes and Grain event and State of the City Chamber breakfast. Mayor Bucknum is continuing to hold Coffee with the Mayor around the City. She announced that her husband sang the National Anthem at the Relay 4 Life Event. Wished City Manager Dennis Wilberg a Happy Birthday. She commented on her meeting with Dr. Stearns of Saddleback College and values our partnership with the college. The Mayor announced that on June 30, Senator Pat Bates and herself will be holding a planning session with Federal, State and local community leaders and policy makers to discuss the sober living topic further and find some workable solutions that we can share with the public in our anticipated future town hall meeting which will follow after the June 30 event. Mayor Bucknum praised her daughter that is lobbying in Sacramento for parent ’s rights in protecting their children and their decisions to make medical decisions about their kids. She thanked Assemblywoman Laurie Davies while her daughter was in Sacramento.
ADJOURNMENT
At the hour of 8:27 p.m., with no further business to come before the City Council at this session, Mayor Bucknum adjourned the meeting to Tuesday, June 28, 2022, at 5:00 p.m.
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Kimberly Schmitt, City Clerk
Approved at the meeting of June 28, 2022