City Council Minutes 1 June 28, 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 28, 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 28, 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 23, 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
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 Curley announced that the City was delivered an application for a temporary restraining order (TRO) from Mr. Schlesinger putting a control on terms the Council could set in the future for the 2022 Election. It just came in this afternoon, we have not had an opportunity to agendize or post it. The Hearing is tomorrow morning at 8:30 a.m. so we have ticked the box on needing to respond and there will need to be a 4/5’s vote to add to tonight’s Closed Session.
Motion made by Council Member Kelly, seconded by Mayor Pro Tem Sac hs to add this item to Closed Session.
On roll call, said motion carried by the following vote:
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AYES: Bucknum, Goodell, Kelley, Raths, and Sachs
NOES: None
ABSENT: None
CLOSED SESSION
CS1. Conference with Legal Counsel: Existing Litigation Paragraph (1) of Subdivision (d) of Section 54956.9. Schlesinger v. City of Mission Viejo: 30-2022-01253878-CU-WM-CJC
Cathy Schlicht, M.V.: Stated her disappointment that this morning no Council Members attended Hearing this morning. She outlined the hearing this morning and criticized the City Attorney and questioned the City Council on when they knew cumulative voting would not legal for general law cities.
Michael Schlesinger, M.V: Addressed the Council regarding his lawsuit against the City. He stated that the motion by Judge Shwarm ruled that Goodell and Kelley have to run for election.
He criticized the slap lawsuit the City filed against him. He trusts that the City will do something reasonable so that Judge Shwarm will not have to issue another opinion to secure his voting rights.
CS2. Conference with Labor Negotiators: Agency Designated Representatives: Dennis Wilberg, Cheryl Dyas, Monique Goetz, Peter Brown Esq, and William P. Curley III.
Employee Organization: Animal Services Department; SEIU Organizing Staff.
Cathy Schlicht, M.V.: Questioned what is going on between the City and SEIU. She stated that if this is being pushed by one of the contract cities using the Animal Shelter, she recommends canceling the contract with that city and offer them a rental contract for space and they can hire their own employees.
RECESS TO CLOSED SESSION AND RECONVENE
At the hour of 5:09 p.m., Mayor Bucknum recessed the meeting to Closed Session. The City Council reconvened at 6:03 p.m. with all five City Council Members present.
REPORT OF CLOSED SESSION
City Attorney Curley reported on the litigation matters for CS1 and the added CS3 on the TRO motion, that Council gave direction and instruction but no reportable actions occurred under the statute. CS2 was a personnel matter that will be reported on a later item this evening.
INVOCATION: Council Member Goodell
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Sachs
PRESENTATIONS
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P1. Proclaim July 2022 as Parks and Recreation Month
Mayor Bucknum presented proclamation to Recreation and Community Services Director Mark Nix.
P2. 2022 Drought Update by Santa Margarita and Moulton Niguel Water Districts
Received presentations from Director of External Affairs Jim Leach of Santa Margarita Water District and Assistant General Manager Matt Collings of Moulton Niguel Water District.
PUBLIC COMMENTS
Michael Schlesinger, M.V: Addressed the Council regarding his lawsuit against the City. He stated that the motion by Judge Shwarm ruled that Goodell and Kelley have to run for election. He criticized the slap lawsuit the City filed against him. He trusts that the City will do something reasonable so that Judge Shwarm will not have to issue another opinion to secure his voting rights.
Virginia Payne, M.V.: Spoke out about the influx of the homeless population and voiced her concerns.
Gabriel El Mahrek, M.V.: Spoke against the LGBTQ community and suggested a boycott on those companies that support the LGBTQ community.
Larry Gilbert, M.V.: Addressed the Council regarding the street sweeping contract and outlined the Waste Management contract that now includes street sweeping. He reminded the Council that this is a public service position not a full -time job and recapped Council Member Raths proposal of a stipend increase in 2018.
Ed Maurer, M.V.: He addressed item #13 on the Consent Calendar regarding four replacement vehicles and hopes that these are electric trucks. Spoke on the Orange County Power Authority and the problems they are having.
Louise Adler, Lake Forest: Stated that she attended the hearing this morning and clarified that the rumor about yelling in the court room and hallway is inaccurate.
Cathy Palmer, M.V.: Questioned the Council on why it took a Super ior Court Judge’s decision to make sure the City Council adhere to the rule of law and stand for election when their terms expire.
Criticized the City Attorney for suggesting at the hearing that to stagger terms some districts should be six-year terms and some four rather than two and four. She stated the court ruled that it had not agreed to extend any Council Member terms and it could not have done so and asked for an apology from the City Council.
Walt Lawson, M.V.: He recapped the court hearing events from this morning. Questioned the illegal term extensions of Mayor Bucknum, Mayor Pro Tem Sachs, and Council Member Raths, to which, City Attorney Bill Curley has never answered his questions . Accused Council Member’s Goodell and Kelly for remaining silent when asked why their terms should be extended. Suggested
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that Mr. Curley and his firm to refund the City for all the work on this case especially the frivolous filings.
Carlos Pianelli, M.V.: Spoke on the U.S. Constitution and to have the moral courage to stand up for what is right.
Cathy Schlicht, M.V.: Recapped on the court hearing this morning. Stated that this community owes gratitude Michael Schlesinger who was served with an anti -slap suit which was mean spirited and the judge ruled that it w as frivolous. She expressed that is has taken four and half years to right a wrong. She asked that the City Council do the right thing and apologize.
Tom Moore, M.V.: Spoke on the CVS building and the little affect not purchasing the building for the Core Area Vision Plan. Encouraged the involvement of property owners and praised Council Member Goodell on his vote to purchase the building.
City Attorney Curley explained in court today Mr. Schlesinger and his Lawyers attempted to graft into the Injunction a decision on the Writ. This was pointed this out to the Judge. The Judge said it was an error and took it out. The Judge did not buy their position that the Writ should be decided on. The Writ is scheduled in the future. The Writ can role back the three versus five, that is by no means certain and is not a given in any stretch on any law in California or anywhere. This is an undecided decision. What t he Court did with the Injunction, we thought was fair so we didn’t oppose it. With the Writ it could go five district or back to three districts. It’s fair to give people notice. We will be Calling the Election at the next City Council Meeting and the Injunction is a placeholder until the Writ is decided so nothing is certain. He stated in litigation you put forth a variety of defenses, some are strong some are not. This will not be resolved for a month or two.
CONSENT CALENDAR
Motion made by Mayor Pro Tem Sachs, 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, Raths, and Sachs
NOES: None
ABSENT: None
1. City Council Minutes
Approved the Minutes for the regular City Council Meeting of June 14, 2022, as presented, and the Minutes for the Special City Council Meeting on June 16, 2022, as presented.
2. Check Register Dated June 3, 2022 in the Amount of $1,243,334.66 Ratified the accompanying check register.
3. Check Register Dated June 10, 2022 in the Amount of $907,487.26
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Ratified the accompanying check register.
4. FY 2022/23 Budget for the Mission Viejo Community Development Financing Authority
Adopted CDFA Resolution 22-02 Adopting a Budget for the Mission Viejo Community Development Financing Authority for the 2022/23 Fiscal Year.
5. Mission Viejo Housing Authority Budget - Fiscal Year 2022/23
Adopted Housing Authority Resolution 22-02 Adopting a Budget for the Mission Viejo Housing Authority for FY 2022/23.
6. Establish an Appropriations Limit for the 2022-23 Fiscal Year Adopted Resolution 22-16 establishing an appropriations limit for the 2022-23 fiscal year.
7. Program Supplement F027 for Bicycle Corridor Improvement Program (BCIP) Grant:
District 5 Regional Bikeways - Mission Viejo N/S Corridor Trail Jeronimo/Chrisanta Trail
(1) Adopted Resolution 22-17 Approving and Authorizing Execution of Program Supplement No. F027 to the Administering Agency -State Master Agreement No. CML -5451(035) for Federal Aid Projects between the State Department of Transportation and the City of Mission Viejo, and (2) authorized Assistant City Manager to execute said agreement.
8. Oso Parkway/Interstate 5 Northbound On-Ramp Improvements (CIP 16226)
Approved Change Order No. 3 to Stantec Consulting Services, Inc., in an amount not to exceed $104,216 for final design services related to the widening of the northbound Interstate 5 On-Ramp at Oso Parkway.
9. Marty Russo Youth Athletic Park Field Lighting - (CIP 331)
(1) Awarded contract to RMF Contracting, Inc., (A22-20) for the Marty Russo Youth Athletic Park Field Lighting project (CIP 331), in an amount not to exceed $696,827.00, and (2) Approved direct purchase of LED lighting fixtures and poles from Musco Sports Lighting, LLC issuing a purchase order in an amount not to exceed $486,275.75.
10. Preparation of Preliminary Engineering Design Documents for District 5 Regional Bikeways - Mission Viejo railroad N/S Corridor Trail and the Jeronimo/Chrisanta Trail
(1) Approved contract and authorized City staff to issue a purchase order to Mark Thomas (A22-21) in an amount not to exceed $265,250 using Bicycle Corridor Improvement Program Grant and Measure M2 funds, and (2) Adopted Resolution 22 -18 amending the fiscal year
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2021-22 capital improvement project 327 for the District 5 Regional Bikeways - Mission Viejo Railroad N/S Corridor Trail and the Jeronimo/Chrisanta Trail
11. Madrid Fore Park Play Area Rehabilitation - CIP 334
Awarded contract for design services, preparation of construction drawings and bid documents for Madrid Fore Park Play Area Rehabilitation (CIP 334) efforts to LandStudio360 in an amount not to exceed $46,795.00 .
12. Annual Weed Abatement Program for Parcels Under One Acre - Year 2022 - Phase 1
Adopted Resolution 22 -19 Declaring that Certain Weeds, Rubbish, Refuse, and Dirt on Parcels Under One Acre Constitute Nuisances; Declaring the Intention of the City Council to Order the Abatement of Said Nuisances; and Fixing a Time and Place for Hearing Protests; (2) instructed the Public Services Department to mail a Notice to Destroy Weeds in accordance with Section 39566 of the Government Code; and (3) instructed the City Clerk to set the Public Hearing for August 23, 2022.
13. Lease Agreement for Four (4) Public Services Replacement Vehicles
Authorized the City Manager to enter into a Lease Agreement with Enterprise Fleet Management (EFM) (A22-23) for the lease of four (4) 2023 Chevrolet Silverado Replacement Vehicles.
14. Janitorial Supplies at City Facilities
Authorized staff to issue a purchase order for Waxie Sanitary Supply for Janitorial Supplies at City Facilities for the period of July 1, 2022 to May 31, 2023 in the amount of $110,000.00.
15. Maintenance and Repairs to the Dive Tower at the Marguerite Aquatic Complex
Awarded contract to OC Concrete, LLC, ( A22-24) for the Maintenance and Repairs to the Dive Tower at the Marguerite Aquatic Complex in an amount not to exceed $234,170.00.
16. Resurfacing of Tennis Courts at the Marguerite Tennis Pavilion
Awarded a contract for the resurfacing of the eight (8) tennis courts at the Marguerite Tennis Pavilion to Taylor Tennis Courts, Inc., (A22-25) in an amount not to exceed $84,439.00.
17. City of Mission Viejo Renewed Measure M2 FY2022/23 Eligibility Requirements to the Orange County Transportation Authority
Adopted Resolution 22 -20 Adopting a Renewed Measure M (M2) Seven -Year Capital Improvement Program (CIP), beginning with the 2022/2023 fiscal year and concerning the status and update of the City of Mission Viejo Pavement Management Plan for the Measure M2 (M2) program, to satisfy the City's eligibility requirements of the Orange County Measure M2 (M2) Program.
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PUBLIC HEARINGS
18. Oso Creek Golf Course and Recreation and Community Services User Fees
Director of Administrative Services Cheryl Dyas gave the staff report.
Council Member Goodell ask staff to look into resident rates versus non-resident rates for green fees.
Mayor Bucknum opened the Public Hearing at 7:34 pm.
With no public input the Mayor Bucknum closed the Public Hearing at 7:34 pm.
Mayor Pro Tem Sachs agreed with Council Member Goodell to take a look at resident rates versus non-resident rates.
Motion made by Mayor Pro Tem Sachs, seconded by Council Member Goodell, to direct staff to review all options on how the City manages the golf course going forward.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, and Sachs
NOES: Raths
ABSENT: None
Motion made by Council Member Goodell, seconded by Council Member Kelley, to a dopt Resolution 22-21 Amending Current Fees and Establishing New Fees for the Oso Creek Golf Course and Recreation and Community Services Programs.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, and Sachs
NOES: Raths
ABSENT: None
OLD BUSINESS
19. Amendment to the City of Mission Viejo Salary Schedule to be Effective July 1, 2022
Human Resources Manager Monique Goetz presented the staff report.
Motion made by Council Member Kelley, seconded by Council Member Goodell, to adopt Resolution 22-22 Amending the City's Salary Schedule Effective July 1, 2022.
On roll call, said motion carried by the following vote:
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AYES: Bucknum, Goodell, Kelley, Raths, and Sachs
NOES: None
ABSENT: None
NEW BUSINESS
20. Amend the 2021-2022 Oso Creek Golf Course Budget
Administrative Services Manager Susan Knudson presented the staff report.
Motion made by Mayor Pro Tem Sachs, seconded by Council Member Kelley, to a dopt Resolution 22-23 Amending the Fiscal Year 2021-2022 Golf Course Operations Budget.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Raths, and Sachs
NOES: None
ABSENT: None
21. Oso Creek Golf Course Operating and Capital Improvement Revised Budget - Fiscal Year 2022/23
Administrative Services Manager Susan Knudson presented the staff report.
Motion made by Council Member Raths, seconded by Council Member Goodell, to a dopt Resolution 22-24 Adopting a Revised Budget for the Oso Creek Golf Course for Fiscal Year 2022-23 and Appropriating Funds for Fiscal Year 2022-23.
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
22. Southern California Association of Governments (SCAG) Report Received report from Council Member Raths.
23. Orange County Transportation Authority (OCTA) Report Received report from Council Member Goodell.
24. Transportation Corridor Agency (TCA) Report
Received report from Council Member Kelley.
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CITY MANAGER REPORT
25. Parks and Facilities Improvement Projects Update
Received presentation Assistant City Manager Keith Rattay.
COUNCIL MEMBER COMMENTS AND ACTIONS
26. 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 had no comments.
Council Member Kelley
Council Member Kelley the Amateur Radio Operators Field Day this past Saturday and she gave a shout out to resident Charlie Speelman. She stated that the participants thanked the City for going out of the way to accommodate this event. She announced the Fourth of July Street F aire coming up and the Mission Viejo Library Summer Reading Program. Council Member Kelley read from an article on Mission Viejo receiving he honor of being named one of the ten safest cities in California for 2022. Safewise Team released the report and Mission Viejo was ranked eighth. She indicated last year Mission Viejo was named the best City in California to live by 24/7 Wall Street and also last year Money Magazine rated Mission Viejo as one of the 50 best cities to live in America. She thanked her Council Colleagues, City Staff and Police Services.
Council Member Raths
Council Member Raths commented on the election process and apologized on how long it has taken.
Stated that when he was on an ad hoc committee with Council Member Kelley they recommended to move to district voting and Council Member Sachs suggest ed looking into rank choice voting and it’s been another two years and he believes it should have never taken this long. He stated that he does have a third term if he decides to run again.
Mayor Pro Tem Sachs
Mayor Pro Tem Sachs pointed out that government is not in the business for a return on investment and explained we would not have a Library, Animal Service s, Police and Fire Departments if that was the case. The budgets we look over and manage regarding recreation centers and the programs we provide require $6.8 million subsidy from the general fund in order to have these things. He pointed out on the public comment on the plea for Community Energy and he stated that OCPA is going through more than just a little problem. There was an outcry when the OCPA Board voted
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to charge customers higher rates than they currently pay for electricity provided by Southe rn California Edison. He stated that much of OCPA’s power reportedly comes from out of state windmills and solar panels and the California Public Utilities Commission (CPUC) is imposing nearly a two million dollar fine against OCPA for failure to reach resource adequacy. Mayor Pro Tem Sachs said hat the commercial customers for that agency continue to drop out and the agency’s projected $42 million loss in it’s first two years now includes the CPUC fine. He announced that later this week he will be meeting with an individual with the CPUC and will be asking questions regarding Community Choice Energy and more primarily the demand we have for electric use in this Country has continued to grow. He stated that the City of Irvine is potentially going to lose $7.7 million dollars and he thanked City Manager Wilberg and City Attorney Curley who reviewed the contract for this organization and said we should put a hold on this at this time.
Mayor Bucknum
Mayor Bucknum stated that investments in land and real estate has been good for our City. She gave kudos to the Cultural Arts Committee members for volunteering at the Pacific Symphony Gala. She read a letter from the Pacific Symphony President John Forsyte thanking the City of Mission Viejo. Mayor Bucknum announced that the Symphony will be performing on The Village Green on August 13. She also announced that Shakespeare By the Sea will have a performance of Much Ado About Nothing at the Community Center on July 20 a t 7:00 p.m. Tickets are still available at www.shakespearebythesea.org
. Mayor Bucknum gave an update on the Sober Living
Homes Roundtable has been rescheduled by Senator Bates to be more of a working group to include other cities in July and then there will be a larger Town Hall in the future.
ADJOURNMENT
At the hour of 9:06 p.m., with no further business to come before the City Council at this session, Mayor Bucknum adjourned the meeting to Tuesday, July 12, 2022, at 5:00 p.m.
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Kimberly Schmitt, City Clerk
Approved at the meeting of July 12, 2022