City Council Minutes 1 July 12, 2022
MISSION VIEJO MINUTES
City Council, Community Development Financing Authority, Successor Agency of the Community Development Agency,
Housing Authority, and Library Board of Trustees*
July 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 July 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 July 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 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
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. Schlesinger v. City of Mission Viejo: 30-2022-01253878-CU-WM-CJC
Aaron Hand, M.V.: Outlined the Courts Preliminary Injunction and stressed that the Court stated that the seats held by Trish Kelley and Brian Goodell will be up for election in November of 2022.
Criticized the City Council and City Attorney for the confusion regarding the upcoming election.
Cathy Schlicht, M.V.: Criticized the City Council and City Attorney. Voice concerned that the City Attorney has not kept the City Council updated. She questioned the City Attorney’s reasons for leaving his previous law firms and raised suspicion on the reasons. She stated the State Attorney
City Council Minutes 2 July 12, 2022
and the Former Chair of the Senate Elections Committee are raising concerns about you staying in your seats beyond your two-year elected term. The time has come to allow the citizens of our city to have the right for staggered terms which is part of our election history and heritage.
The City Attorney clarified that a preliminary injunction is an order prohibiting an action to preserve the status quo while the underlying court case is decided. The underlying court case is the writ action which has a Demurrer set in September but that will probably shift because there was an amended complaint trying to fix the problems in the first one.
He noted that the court only issued a preliminary injunction that will be upon final adjudication perhaps changed.
CS2. Public Employee Performance Evaluation of the Incumbent for the Position of City Manager Pursuant to Government Code Sections 54957 and 54957.6.
RECESS TO CLOSED SESSION AND RECONVENE
At the hour of 5:06 p.m., Mayor Bucknum recessed the meeting to Closed Session. The City Council reconvened at 6:00 p.m. with all five City Council Members present.
REPORT OF CLOSED SESSION
City Attorney Bill Curley announced there were two Closed Session items. CS1 will be reported out in junction with Item 20 this evening and CS2 there was no reportable action.
INVOCATION: Mayor Bucknum
PLEDGE OF ALLEGIANCE: Council Member Raths
PRESENTATIONS
P1. Recognize K -9 Keto and his Handler Deputy Craig Sanders for Assisting in the Apprehension of a Perpetrator in a Stolen Vehicle
Received presentation.
P2. Recognize Mission Viejo High School Swimmer Alexis Unter for Being was Selected to the USA Down Syndrome Swimming (USADSS) National Team, and Coach T. Sorenson for Being Selected as an Assistant Coach of the USADSS National Team this October in in Albufeira, Portugal
Mayor Bucknum presented certificates.
P3. Friends of the Library Donation Presentation
Received presentation.
PUBLIC COMMENTS
City Council Minutes 3 July 12, 2022
Frank Fabrega, Rancho Mission Viejo: Thanked the City Council for their support in the success of the Relay for Life that was held in June in which over $109,000 was raised. Over the past 28 years he stated that Relay for Life has raised over four million dollars for the American Cancer Society.
Joshua Vecchione, M.V.: He asked the City Council to consider the Stein Mart Building to be used as a Black Box Theater for the community.
Chad Halliburton, M.V.: Stated that Oakhouse Church is still interested in leasing the Stein Mart Building even though the Planning Commission tabled at their meeting last night.
Tracy VanEvery, Lake F orest: Stated that she is very interested in the leasing of the Stein Mart Building for Oakhouse Church for temporary use for one day of the week.
Larry Gilbert, M.V.: He said at the Planning Commission last evening the discussion of the Stein Mart Building renting to OakHouse Church was poorly presented. Questioned how the City Council was going to see the Minutes from the last night’s Planning Commission Meeting.
Bob Ruesch, M.V.: Announced that he is running for City Council in District 1.
Walt Lawson, M.V.: Discussed and recapped the June 28 ruling by Judge Shwarm. States that the City continues to mislead and confuse the public about Judge Shwarm’s decision.
Aaron Hand, M.V.: He clarified that the court issued an order that all five seats are u p for re - election. He encouraged that the City Council to read the complaint and the amended complaint.
Carlos Pianelli, M.V.: Spoke out on the mass shootings throughout our Country. Stated that Congress passed gun law legislation with money coming from Congress for school security. Lastly, he spoke out against Assembly Bill 2011.
Karee Delsigne, M.V.: Spoke on how much she loves the City and to be aware of the State pushing for high-density living and our City needs to fight this to keep our conservative City.
Gabriel El Mahrek, M.V.: Spoke about his conviction against Pride Month and how he was called a Nazi will protesting. He believes modern war is evil because it leads to death and suffering of civilians.
Maria Lucia Gomez-Greenberg, M.V.: Spoke out against Council terms of four and six years. Stated that residents deserve transparent and legal election process.
Tom Moore, M.V.: Commented on the 2007 Urban Land Institute report on the Village Center.
Pointed out that it was called a Specific Plan and asks that the Council to push for the development of specific plan at the Village Center.
City Council Minutes 4 July 12, 2022
Cathy Schlicht, M.V.: Criticized the City Attorney of attacking speakers on their opinions and beliefs. She accused the City Council of deception and protecting their seats and not allowing the public to weigh in on the terms of the City Council.
Sabrina Phillips, M.V.: Introduced herself as the owner of Designing Women of Orange County an interior design firm and pointed out the services her company provides.
Lynn Holmes, M.V.: Stated that trusting a City Council is critical and feels that the communication from the City Council is inadequate and minimal. Criticized the City Attorney on confusing the public.
CONSENT CALENDAR
Items 9, 12, 13, and 14 were removed from the Consent Calendar for separate consideration.
Motion made by Mayor Bucknum, seconded by Council Member Kelley, 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 28, 2022, as presented.
2. Check Register Dated June 17, 2022 in the Amount of $607,861.51 Ratified the accompanying check register.
3. Check Register Dated June 24, 2022 in the Amount of $1,210,914.28 Ratified the accompanying check register.
4. Check Register Dated July 1, 2022 in the Amount of $1,424,348.19 Ratified the accompanying check register.
5. City Treasurer’s Monthly Report for May 2022
Received and filed.
City Council Minutes 5 July 12, 2022
6. Successor Agency of the Community Development Agency Treasurer’s Monthly Report for May 2022
Received and filed.
7. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for May 2022
Received and filed.
8. Mission Viejo Housing Authority (MVHA) Treasurer’s Monthly Report for May 2022 Received and filed.
10. Approval of Phase II Collaborative Design Team for Design Development - Core Area Vision Plan
(1) Awarded a contract to Lab-Co (A22-27) in an amount not to exceed $43,000; (2) awarded a contract to Studio -111 (A22- 28) in an amount not to exceed $129,870; and (3) issue a Purchase Order to RJM Design Group in an amount not to exceed $299,700.
11. 2022 Residential Resurfacing-Asphalt Repairs and Asphalt Overlays (CIP 23838)
Awarded the construction contract for the subject project to All American Asphalt, Inc. (A22-30) in the amount of $2,542,229.
15. Local Hazard Mitigation Plan Update
(1) Approved the agreement for consulting services with Atlas Planning Solutions (A22 -33) in the amount of $61,800 for the update of the City's Local Hazard Mitigation Plan (LHMP), and (2) adopted Resolution 22- 26 Amending the Fiscal Year 2022 -23 Emergency Preparedness Budget for Revenue and Appropriations Related to the FEMA Local Hazard Mitigation Grant Program.
16. Annual Park and Facility Hardscape Construction Improvement Contract
(1) Approved the Tenth Amendment to the existing maintenance contract with S. Parker Engineering, Inc., and (2) authorized a Change Order to the existing Purchase Order for S.
Parker Engineering, Inc. in an amount not to exceed $55,000.00.
17. Annual Maintenance Program for the Repair and Reconstruction of Streets, Drainage Channels, Storm Drains, Slopes, Emergency Response and Heavy Equipment
(1) Approved Tenth Amendment to the existing maintenance contract with Bistline Engineering, Inc., and (2) authorized a Change Order to the existing Purchase Order for Bistline Engineering, Inc. in an amount not to exceed $40,000.00.
City Council Minutes 6 July 12, 2022
ITEMS REMOVED FROM THE CONSENT CALENDAR
9. La Paz Bridge Rehabilitation and Road Widening Improvements (CIP 01756)
Director of Public Works Mark Chagnon presented the staff report.
Motion made by Council Member Raths, seconded by Council Member Kelley, to (1) rescind the award of construction contract of December 14, 2021 to Security Paving Company, Inc.; (2) award the construction contract for the subject project to Flatiron West, Inc. in the amount of $15,465,786; and (3) adopted Resolution 22-25 Amending the Fiscal Year 2022-2023 Budget for Costs Related to Capital Improvement Project CIP 01756.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Raths, and Sachs
NOES: None
ABSENT: None
12. License Agreement from September 2022 through December 2023 with OAKHOUSE CHURCH INC. to lease space at 25282 Marguerite Parkway
Assistant City Manager Keith Rattay presented the staff report.
Cathy Schlicht, M.V.: Stated she was not opposed to the temporary use of the building to the Church, but to the process and lack of transparency and that the Vision Plan is not what residents expected. She blames staff for putting the church in an awkward position and questioned why the space was to be rented out without City Council authority.
Motion made by Mayor Bucknum, seconded by Council Member Kelley, to defer this item until there is a recommendation from the Planning Commission.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Raths, and Sachs
NOES: None
ABSENT: None
13. Memorandum of Understanding Between City of Mission Viejo and Pacific Symphony
Director of Library & Cultural Services Genesis Hansen presented the staff report.
Motion made by Mayor Pro Tem Sachs, seconded by Council Member Goodell, to amend the Memorandum of Understanding between City of Mission Viejo and Pacific Symphony (A22- 32) to provide the annual Symphony in the Cities concert plus additional programming for a cost not to exceed $85,000 in FY 22/23 and come back at another time to amend for another $15,000 once we have identified what that use is to be for.
City Council Minutes 7 July 12, 2022
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Raths, and Sachs
NOES: None
ABSENT: None
14. Annual Review of Residential and Commercial Integrated Waste Management Rates
Director of Public Works Mark Chagnon presented the staff report.
Motion made by Mayor Pro Tem Sachs, seconded by Council Member Kelley, to receive and file the report.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Raths, and Sachs
NOES: None
ABSENT: None
OLD BUSINESS
18. Oso Creek Golf Course Green Fee Rates Update
Assistant City Manager Keith Rattay presented the staff report.
Tim Lane, M.V.: Stated he understands the fee increase and suggested that there be an Oso Creek Golf Club for $20 per month and get to have the resident fee. He gave kudos to the staff and thanked staff for all the hard work keeping the course up.
Rick Sandzimier, M.V.: Complained that there was an error in the notice at the golf course that it was incorrect which is why at the last meeting there was no one in attendance to speak on the item.
He also stated that when he reached out to staff and candidly the response was not professional and that he did reach out to the four Council Members and were very responsive. Stated that the staff at Oso Creek is great and pleasant to work with.
By consensus the City Council received the report.
NEW BUSINESS
19. Request of Four Homeowners Association Board of Directors to Manage Pest Control by All Authorized Means, Including Firearms
Emergency Operations Manager Paul Catsimanes presented the staff report.
The following spoke in favor of the recommended action: Ray Imatani, M.V.; Jon Goettsch, M.V.; Michael Schlesinger, M.V.; and Elizabeth Mead, M.V.
City Council Minutes 8 July 12, 2022
Art Levine, M.V.: Spoke against the recommended action. Stated that the Palmia Board was split on this issue and implored the Council to not approve the variance.
Motion made by Council Member Kelley, seconded by Mayor Pro Tem Sachs, to (1) approve the request of Casta Del Sol Homeowners Association for a variance that will allow the association to manage on-site nuisance wildlife by the most humane means possible for the health, safety and welfare of the community; (2) approve the request of Mission Viejo Environmental Association for a variance that will allow the association to manage on -site nuisance wildlife by the most humane means possible for the health, safety and welfare of the community; (3) approve the request of Palmia Masters Association for a variance that will allow the association to manage on-site nuisance wildlife by the most humane means possible for the health, safety and welfare of the community; and (4) approve an extension to the approved variance in effect for Tres Vistas Association that will allow the association to manage on- site nuisance wildlife by the most humane means possible for the health, safety and welfare of the community.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, and Sachs
NOES: Raths
ABSENT: None
20. Calling for a General Municipal Election on November 8, 2022 to Elect Five Members to the City Council for Districts 1, 2, 3, 4 and 5
City Clerk Kimberly Schmitt presented the staff report.
City Attorney Curly reported that the City’s recent Ordinance that established the election cycles and districts. Firstly, we have been following our Municipal Code Section 2.04.140 that requires four-year terms which is being done for all five districts. The second part the City is looking at code modifications to re-establish the staggering of terms pursuant to the rule of law by ordinance.
He stated that it is very typical of an out- going Council to leave significant law term City matters to the incoming Council. We will follow all five for four year -terms pursuant to the code and put together options for ordinance amendments to re-start staggering and that will be done under the control of the newly elected Council.
Larry Gilbert, M.V.: Pointed out that Resolution 18-52 was passed calling for a term of two years for Greg, Ed and Wendy. He hopes that the Council will agree to stagger by having the top three get four-year terms and the bottom two will be for two-year terms. He criticized the City Council for allowing the City Attorney to brow beat the public speakers.
Michael Schlesinger, M.V.: Asked if the City Attorney will strike the demurrer. Quoted Representative Murphy closing statement at the January 6 Hearing. He stressed that he wants free and fair elections and accused the City Council of flagrantly resisted his efforts in obtaining t he Constitutional right to vote, including bringing a slap suit against him. He suggested staggered terms to follow the Government Code 57377 by choosing four and two-year terms by lot.
City Council Minutes 9 July 12, 2022
Jon Miller, M.V.: Stated in his opinion staggering terms is not an urgent issue. He agreed to run all five district for four years. He suggested that we can get citizen process to determine how we want to be represented and to put this to the voters in 2024 to be implemented in 2026
Elizabeth Mead, M.V.: Expressed her confusion over this issue over districts and staggered terms.
Cathy Schlicht, M.V.: Quoted from the California Supreme Court Standard for Government Attorneys. She accused the City Attorney of trying to keep the public off balance and word games and to chill public participation. She stated that the right belongs to the public to decide how we want to elect the City Council.
City Attorney Bill Curley read into record the language for Resolution 22- 27 SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Mission Viejo, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing five (5) council members for the full term of four years for all five (5) electoral districts (1, 2, 3, 4 & 5). This will become if it is adopted your formal action for the reasons as mentioned.
Mayor Bucknum announced that given the impending election and lack of clarity the implementation of the system she believes the City must take action for the purpose of good governance and she recommended that the City Council proactively establish the voting process pursuant to the City’s Municipal Code. By establishing that all five newly created City Council Districts will be up for election for terms of four years each which would prevent significant confusion and uncertainty heading into the General Election, particularly for voters and potential candidates.
Motion made by Mayor Bucknum, seconded by Council Member Kelley, to (1) adopt the amended Resolution 22-27 Calling for the Holding of a General Municipal Election to be Held on Tuesday, November 8, 2022, for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to General Law Cities; (2) adopt Resolution 22- 28 Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on November 8, 2022, with the Statewide General Election to be Held on the Same Date pursuant to § 10403 of the Elections Code; (3) adopt Resolution 22- 29 Adopting Regulations for Candidates for Elective Officer Pertaining to Candidate Statements Submitted to the Voters at an Election to be Held on November 8, 2022; and (4) direct the City Clerk to schedule the adoption of the resolution citing the election results and administration of the oath to the newly elected Council Members on December 13, 2022, or as soon as possible thereafter.
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
City Council Minutes 10 July 12, 2022
21. Voting Delegate and Alternate(s) for the 2022 League of California Cities Annual Conference
Motion made by Mayor Bucknum, seconded by Council Member Kelley, to appoint Mayor Pro Tem Sachs as voting delegate and Council Member Raths and Council Member Kelley as alternates for the League of California Cities Conference Annual Business Meeting on Fr iday September 9, 2022.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Raths, and Sachs
NOES: None
ABSENT: None
22. Orange County Transportation Authority (OCTA) Report Received report.
CITY MANAGER REPORT
Assistant City Attorney Keith Rattay reminded everyone that the Symphony is on August 13.
CITY MANAGER REPORT
COUNCIL MEMBER COMMENTS AND ACTIONS
23. 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 attended the Planning Commission Meeting last night regarding the Oakhouse Church item and felt that the commissioners didn’t know what was going on and felt that there was a feeling in the community that this came up rather quickly and lot of people didn’t understand as well as some of the property owners in the Village Center. He stated we can do a better job of communicating and he reiterated that there needs to be a better system to communicate with the property owners in the Village Center. He felt that if we were going to make the building available for people to use we should have had a fair process. Questioned if the Council needs to give direction to the Planning Commission and would like it to be on the agenda for August
23. Council Member Kelley
Council Member Kelley commended the Mission Viejo Activities Committee for the Fourth of July Street Faire. She attended the SCORE Appreciation Event on July 5, SCORE is our group of senior
City Council Minutes 11 July 12, 2022
citizens that assist Mission Viejo Police Services. Council Member Kelley also thanked the Mission Viejo Friends of the Arts for putting up “pop-up art” events in various place around the City. She attended the July 9 event at the Mission Viejo Dog Park. She outlined upcoming events: July 15 Concert on the Green with the band Family Style, July 16 Potoc ki Center will host a Steely Band tribute band concert, July 20 Shakespeare by the Sea will be performing Romeo and Juliet at Oso Viejo Park – Village Green, July 30 the Character Committee will be putting on a program called The Road Map to Success at the Murray Center for all incoming high school students and their parents, August 2 will be National Night Out at Flo Jo Park, and August 13 the Pacific Symphony will be performing at Oso Viejo Park. Lastly, she announced that school starts August 15 for Saddleback Valley School District, and August 16 for Capistrano Valley Unified School District.
Council Member Raths
Council Member Raths stated that we need to be more deliberative on our approach regarding the Core Vision Plan and Stein Mart Building and asked staff to provide quarterly updates on the status. He attended the July Fourth Street Faire and had a great time.
Mayor Pro Tem Sachs
Mayor Pro Tem Sachs stated that he along with the City Manager and City Attorney met with the Local Go vernment and Community Liaison Jesus Torres for the California Public Utilities Commission (CPUC) regarding the mixed messages we receive on energy efficiency, time of use, flex alert information from various State agencies. He stated that Mr. Torres related that one can find the energy use and efficiency resources at www.energyupgradeca.org . The second issue dealt
with public safety power shut-offs, and the City Manager asked why are areas of the City or State advised that power will be shut off when those power lines are underground. Thirdly, they discussed the street light amortization billing and Mr. Torres will look to see if there is a regulatory remedy to be notified once the payment schedule ends. Mayor Pro Tem Sachs commented on public speaker Mr. Pianelli’s comments regarding mass shootings and stated he was in favor of his overall all compassion on this subject but clarified that according to the Federal Bureau of Investigation (FBI) a mass shooting is when three or more people are shot. He stated that over 60 to 62% of all firearm shootings are suicides and unfortunately 18 to 26 daily suicides are coming from our Veteran Community. Commented that in Chicago over the Fourth of July weekend there were 91 shootings resulting in 19 deaths. He stated he is aggravated at the District Attorney’s that will take anyone that is charged with a gun crime and they will take those gun crimes off the table when dealing with plea bargains. These charges should remain , prosecution should take place and punish those who disregard those laws. He stated that he also believes that they should all come to special circumstances if a gun is used in a crime for anything. Mayor Pro Tem announced that Secure O.C.
Schools had a very successful meeting with the Orange County Archdiocese and we look forward to moving forward with them and their security issues. Lastly, he stressed that we need to continue to move forward with the Core Vision Plan and other items within the City.
Mayor Bucknum
Mayor Bucknum asked staff to keep updates regarding the Core Area and the Church lease at the Stein Mart Building. She announced that at the free community concerts tables can be purchased for $150 online. Mayor Bucknum also announced that there will be a Night Market the third
City Council Minutes 12 July 12, 2022
Saturday of every month. Asked staff if printed maps can be made available at community events.
Mayor Bucknum spoke about Sober Living Homes and the status of an upcoming workshop which will be either Monday August 1 or Wednesday August 3. Lastly, she said she hopes we can move forward in the spirit of keeping the confusion to a minimum for our residents.
ADJOURNMENT
At the hour of 9:04 p.m., with no further business to come before the City Council at this session, Mayor Bucknum adjourned the meeting to Tuesday, August 23, 2022, at 5:00 p.m.
______________________________________________
Kimberly Schmitt, City Clerk
Approved at the meeting of August 23, 2022