City Council Minutes 1 September 13, 2022
MISSION VIEJO MINUTES
City Council, Community Development Financing Authority, Successor Agency of the Community Development Agency,
Housing Authority, and Library Board of Trustees*
September 13, 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 September 13, 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 September 8, 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 5:06 p.m.)
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
CLOSED SESSION
CS1. Public Employee Performance Eval uation of the Incumbent for the Position of City Manager Pursuant to Government Code Sections 54957 and 54957.6.
Cathy Schlicht, M.V.: Questioned the City Manager for a false impression that the Council was fighting for at -large voting with the support of the Higginson Lawsuit that was challenging the constitutionality of the C alifornia Voter Rights Act . She recited from past emails exchanged by herself, the City Attorney and Secretary of State.
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CS2. 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 and 30-2022-01262431-CU-JR-CJC
Cathy Schlicht, M.V.: Read from emails between the Secretary of State, the City Attorney and Mayor Goodell regarding cumulative voting.
CS3. Liability Claims and Existing Litigation: Claimant: Yasin: Agency Claimed Against - City of Mission Viejo and: Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) Section 54956.9 (1 case)
RECESS AND RECONVENE TO CLOSED SESSION
At the hour of 5:10 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 Curley announced that CS1 was regarding the continued evaluation of the City Manager as well as a discussion on his salary and compensation. The public report will be Item 24 in the form of a contract amen dment and the support for that is reflected in the staff report. CS2 was conference with legal counsel regarding the Quo Warranto action. The Defendants believe several prejudicial errors were made in the Quo Warranto proceedings that merit appeal. These involve both fact analysis, statutory authority, common law interpretation and application in the trial. To be very clear, the Court made a point of saying this action did not include any personal wrongdoing or wrongful and/or bad actions of the City or Ci ty Councilmembers. The Court noted the case is an exercise in the Judges interpretation facts, documents, and applicable case law. While some people may ignore the Judges clear message and wrongfully assert there is blame or wrongdoing by the City and individuals, --- that is wrong. The Court noted that no one should claim that this case is about that, and we can hope people will be actually honest in their comments and respect what the Judge stated. If they are not honest and wrongfully assert that this decision reflects bad conduct, that will speak for itself. The last Closed session item was a receive and fil e on the status of claims and litigation with no reportable action.
INVOCATION: Mayor Bucknum
PLEDGE OF ALLEGIANCE: Council Member Goodell
PRESENTATIONS
P1. Adopted Headquarters Battalion of the 1st Marine Division Quarterly Recognition
Mayor Bucknum p resented certificates of commendation to "Marine of the Quarter" Lance Corporal Darren Villanueva and "Non -Commissioned Officer of the Quarter" Corporal Lorenzo Garcia .
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P2. Proclaim September 2022 To Be Hunger Action Month
Mayor Bucknum p resented proclamation to John Rawls Board Member of Second Harvest Food Bank of Orange County.
P3. E-Bike Safety Plan
Received presentation from Police Chief Chris McDonald.
P4. Improved Recreational Facilities & Senior Services
Received presentation from Director of Recreation and Community Services Mark Nix, and Community Services Supervisor’s Dave Borelli and Melanie McGrane.
PUBLIC COMMENTS
John Young: Spoke on his professional experience and offered his services on cyber security.
Michael Schlesinger, M.V.: Recapped the lawsuit and criticized that the City Attorney has not filed an appeal. Asked that all five Council Members terminate their campaigns.
Cathy Schlicht, M.V.: Protested any votes made by Council Members Sachs, Bucknum, and Raths because they are unlawfully seated. Cited excerpts of Judge Schwarm’s August 31 st Order and
suggested the briefs and Judges Orders be put online so residents can view.
Tim Jones, Laguna Hills.: Spoke out against the plaintiff’s and their disruption of the City Council and their influence on the upcoming election. He spoke in support of the City Council.
Luci Raths, M.V.: Spoke in support of her husband Council Member Raths and the City Council.
Josh Vecchione, M.V.: Spoke on behalf of Commissioner Pam Smith in support of the City Council.
Lisa Foto, M.V.: Spoke in support of candidate Bob Ruesch for District 1 and stated her frustration with having to move to district -based elections and the lawsuit against the current City Council.
Voiced her support of the City Council.
Ed Maurer, M.V.: Questioned if the City Attorney is stalling to file the Appeal. Suggested that Council Members Kelley and Goodell appoint someone in order for the Council to continue for the remainder of the year so that staff can receive direction. Spoke out on climate change.
Walt Lawson, M.V.: Cited Judge Schwarm’s Order and criticized both the City Manager and City Attorney as well as the City Council.
Deborah Cunningham-Skurnik, M.V.: Spoke on the Orange County Fire Authority and the current negotiations of the contract for the OCFA Employees Association. She stated that they have been without a contract for eleven months. Raised concerns on Firefighters Local 3631 have been offered
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a zero percent for wage enhancement. She encouraged the Council to stop defunding emergency services.
Larry Gilbert, M.V.: Cited from letters between the Secretary of State, the City Attorney and Mayor Goodell. Questioned how much taxpayer money was wasted after May 20, 2019 knowing there was no shot at getting State approval for cumulative voting.
Linda Shepard, M.V.: Announced that she is running for City Council in District 1 and outlined her professional experience.
Rick Sandzimier, M.V.: Asked if the City Council would be in support of filing a timely appeal of the Planning & Transportation Commission’s actionof last night regarding the proposed Wendy’s drive-thru restaurant in the Olympiad Plaza.
James Reynen, M.V: Spoke out against the proposal of Wendy’s fast food drive -thru restaurant project in the Olympiad Plaza. Asked for support from the City Council in help with appealing this project.
Cathy Palmer, M.V.: Spoke on Item #23 on the Consent Calendar and questioned why the City is spending more money for a consultant on what to do with the empty Stein Mart building. She asked that Bucknum, Raths and Sachs to recuse themselves and questioned why there are no guard rails in place when the City Council goes rogue. Questioned the integrity of the City Council Members.
Dale Schrieber , M.V.: Spoke out on the Wendy’s fast food drive -thru restaurant project in the Olympiad Plaza and ask the Council to help support in appealing this project and voiced concern of traffic accidents in that area.
Michelle O’Brian, M.V.: Mentioned how proud she is of Mission Viejo’s adopted Marine Corp.
Battalion and encourage d residents to volunteer. She thanked the Planning Commission for approving the lease of part of the Stein Mart building to OakHouse Church. Lastly, she thanked the City Council for always putting our community first.
City Attorney Curley clarified that the Secretary of State is a department head under the Governor and an administrative office. In Elections Code Section 14029 states: Upon a finding of a violation the court is required to implement appropriate remedies including the imposition of district- based elections that are tailored to remedy the violation. The Legislature point blank gave the superior court judge the power to say in this circumstance here is the remedy, which is what we did in our stipulated judgement. Recently Judge Schwarm, we be lieve, did not give recognition to Section 14029’s charge and respectfully to the judge, two years was written in both 2018 and 2020. Had he but read it, he would have noted. In 2020 both Mr. Shenkman and I appeared before him to explain it, but he didn’t want to hear it and crossed out where we said we presented oral argument. He wrote in reliance on the stipulation, the very stipulation we have now that we are following. He stated that there is nothing in the record that deviates from the Elections Code or the strict implementation of it. The Judge notes he is now interpreting it. Interpreting is an elastic term, meaning he is looking at it now and thinking a little different. We are taking this to the Court of Appeals for them to sort it out. The law is point blank clear. Attorney Curley also made-reference to a comment earlier that
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the Stein Mart project was not made available to the public and he stated that was not true. Lastly, he explained the City’s General Plan.
Mayor Pro Tem Sachs clarified the ongoing negotiations with Firefighters Union 3631.
Council Member Raths commented on the attacks of his integrity.
CONSENT CALENDAR
Item 22 was removed for separate consideration.
Motion made by Council Member Goodell, seconded by Mayor Pro Tem Sachs, 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 August 23, 2022, as presented.
2. Check Register Dated August 12, 2022 in the Amount of $3,295,825.20 Ratified the accompanying check register.
3. Check Register Dated August 19, 2022 in the Amount of $1,688,808.89 Ratified the accompanying check register.
4. Check Register Dated August 26, 2022 in the Amount of $898,440.10 Ratified the accompanying check register.
5. Check Register Dated September 2, 2022 in the Amount of $599,328.34 Ratified the accompanying check register.
6. City Treasurer’s Monthly Report for July 2022
Received and filed.
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7. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for July 2022
Received and filed.
8. Mission Viejo Housing Authority (MVHA) Treasurer’s Monthly Report for July 2022 Received and filed.
9. Successor Agency of the Community Development Agency Treasurer’s Monthly Report for July 2022
Received and filed.
10. City Treasurer’s Annual Report for Fiscal Year 2021/22 Received and filed.
11. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Annual Report for Fiscal Year 2021/22
Received and filed.
12. Mission Viejo Housing Authority (MVHA) Treasurer’s Annual Report for Fiscal Year 2021/22
Received and filed.
13. FY 2022/23 Investment Policies
(1) Adopted Resolution 22-31 Approving the City's Investment Policy for FY 2022/23; (2) adopted Community Development Financing Authority (CDFA) Resolution 22 -03 Approving the Authority's Investment Policy for FY 2022/23; and (3) adopted Housing Authority Resolution 22 -03 Approving the Mission Viejo Housing Authority Investment Policy for FY 2022/23.
14. Sober Living and Group Home Ordinance
Adopted Ordinance 22-345 Establishing a Business Registry Requirement for Group Homes and Sober Living Homes located in the City of Mission Viejo, California and Adding this New Chapter 5.06 to the Title 5-Business Regulations, of the City of Mission Viejo Municipal Code.
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15. Annual Routine Playground, Parkland, and Facility Infrastructure Maintenance and Repairs
(1) Approved Fourth Amendment to the existing maintenance contract with Real Estate Consulting and Services, Inc for the subject services, and (2) authorized a Change Order to the existing Purchase Order for Real Estate Consulting and Services, Inc. in an amount not to exceed $81,250.00.
16. Swimming Pool Chemicals for City Aquatic Facilities
(1) Awarded contract to Waterline Technologies, Inc. (A22 -35) for the period of September 19, 2022, through June 30, 2023, in an amount of $160,541.40, and (2) authorized issuance of a purchase order to Waterline Technologies, Inc. for the period of September 19, 2022, through June 30, 2023, in an amount not to exceed $160,541.40.
17. 2021 Residential Resurfacing-Slurry Seal (CIP 22838)-Notice of Completion
(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 n o claims or liens being filed with the City; and (4) authorized payment of the final retention 35 days after the date of recordation of the Notice of Completion.
18. License Agreement with Mission Viejo Pro Shop Located at the Marguerite Recreation Center Event Plaza
Approved License Agreement with Mission Viejo Pro Shop LLC (A22 -36) located at the Marguerite Recreation Center Event Plaza.
19. Part-time Lifeguard Services
Approved the Contract with Premier Aquatics Services LLC, (A22 -37) in an amount not to exceed $67,475.00 for part-time lifeguard services at Sierra Recreation Center.
20. Annual Routine Monthly Landscape Maintenance - Contract Area 9
(1) Approved Seventh Amendment to the existing maintenance contract with Landscape West Management Services, Inc, and (2) authorized a Change Order to the existing Purchase Order with Landscape West Management Services, Inc. in an amount not to exceed $90,000.00.
21. Electrical Related Services at City Facilities
(1) Approved the First amendment with David Electric, Inc. for electrical related services at City Facilities; and (2) authorized a change order to the existing purchase order with David Electric in an amount not to exceed $55,000.00.
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23. Amendment to Studio One Eleven Design Development Contract
Approved First Amendment to Studio One Eleven Design Development Contract in an amount not to exceed $30,000 (plus $2,000 for potential reimbursables).
ITEMS REMOVED FROM THE CONSENT CALENDAR
22. La Paz Bridge and Road Widening (CIP 756) - Railroad Agreement Amendment
City Manager Dennis Wilberg answered questions from Council Member Goodell.
Motion made by Council Member Goodell, seconded by Mayor Pro Tem Sachs, authorize the City Manager to approve the First Amendment to the Construction and Maintenance Agreement with the Southern California Regional Rail Authority.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Raths, and Sachs
NOES: None
ABSENT: None
NEW BUSINESS
24. Thirteenth Amendment to City Managers Contract: Mr. Dennis Wilberg; and Amending the City of Mission Viejo Salary Schedule to be Effective September 13, 2022
Human Resources Manager Monique Goetz presented the staff report.
Cathy Schlicht, M.V.: Protested any votes made by Bucknum, Raths, and Sachs this evening as they are unlawfully seated and asked that the Council postpone the approval of this amendment until the new City Council is seated. She criticized the City Manager for not offering any oversight over the last five years on the election issue.
Larry Gilbert, M.V.: Asked that this amendment not be voted on until the newly seated City Council. He compared the salary of Governor Newsom to the City Manager. Accused the City Manager of sitting quietly while the City w asted three and half years trying to create new voting and asked how much money was wasted.
The Council Members praised the City Manager and commented how he is respected throughout Orange County and the State of California.
Motion made by Council Member Goodell, seconded by Mayor Pro Tem Sachs, to (1) approve the Thirteenth Amendment to the Employment Agreement with Mr. Dennis Wilberg, and (2) adopt Resolution 22 -32 Amending the City's Salary Schedule Effective September 13, 2022
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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
25. Orange County Transportation Authority (OCTA) Report No report was given.
26. Southern California Association of Governments (SCAG) Report Received report from Council Member Raths.
CITY MANAGER REPORT
27. CalPERS Pension Plan Actuarial Valuation Report for June 30, 2021
Director of Administrative Services Cheryl Dyas presented the staff report.
Mayor Pro Tem Sachs asked what the retirement flow looks like from a personnel perspective through the next five to seven years to see how that affects what we need to guarantee those pensions because the Legislature has enacted different pension plans for new hires with how much they contribute etc. That has a lot of impact on the pension going forward for city employees.
By consensus the City Council received and filed the report.
CITY ATTORNEY REPORT
COUNCIL MEMBER COMMENTS AND ACTIONS
28. 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 9/11 Tribute this past Sunday Morning at Applegate Park. He also attended the Farmers Market and announced it is every Saturday. Outlined several upcoming Orange County Transportation (OCTA) Meetings he will be attending this week.
He stated that OCTA is looking for a new headquarters building in the Anaheim area.
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Council Member Kelley
Council Member Kelley attended the Complex Coordinated Terrorist Attack Exercise at the Orange County Islamic Foundation on August 25. She attended the 50 th Anniversary of Casta del Sol
celebration. On September 11, she also attended Patriot’s Day at Applegate Park. Council Member Kelley expressed that the City Council has been under attack for the last several months and that many people don’t even know that we have moved to district elections. She reflected on what happened to our Nation twenty years ago was horrible, but what happened after is that American’s came together and she encourages people to get involved and pay attention. The integrity of the Council Members is under attack and encouraged residents to reach out to the City Council.
Council Member Raths
Council Member Raths also stated that he attended the 9/11 event at Applegate Park. He announced this week September 11 through September 17 is Grandparents Week and he attended an event at Heritage Point. He congratulated his friend Carolyn Lovett on her congressional seat win in New Hampshire Primaries. Lastly, he made it clear that he didn’t extend his term and that he loves this community and wants to continue to serve.
Mayor Pro Tem Sachs
Mayor Pro Tem Sachs mentioned that he served in the United State Navy and was a decorated combat veteran in Vietnam. He expressed his feeling during the last 9/11 Ceremony he attended at Orange County Fire Authority. Mayor Pro Tem Sachs retold a story about a Franciscan Priest on 9/11 that was blessing those that were coming down the stairs and those going up. He said what was touching was three firefighters and policeman carried him out of the building to a safe area and while he was dying found his bible and found the passage where they gave the Chaplin his last rights. He reminded residents to never forget 9/11 and all that perished serving our Country. Lastly, he thanked Mayor Bucknum for her contribution to our City and all she has done this year.
Mayor Bucknum
Mayor Bucknum thanked staff for the meaningful Patriots Day and our Police Chief and OCFA Representation. She stated that she also attended the 50 th Anniversary of Casta del Sol. She attended
the tour of Saddleback College District’s Facilities Master Plan. She commented what a gem Saddleback College is in our community and highlighted some of their improvements. Mayor Bucknum stated she recently spoke at the League of California Cities Conference. She announced the Mission Viejo Friends of the Library will be holding a gala fundraiser on Friday October 7 and the tickets are $75 or $125 for a pair. She said this City Council serves with integrity and all five Council Members are running for re -election and encouraged t he residents to look at the facts.
Lastly, she quoted President John F. Kennedy, “Too often we enjoy the comfort of opinion without the discomfort of thought”.
ADJOURNMENT
At the hour of 9:00 p.m., with no further business to come before the City Counc il at this session, Mayor Bucknum adjourned the meeting to Tuesday, September 27, 2022, at 5:00 p.m.
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______________________________________________
Kimberly Schmitt, City Clerk
Approved at the meeting of September 27, 2022