City Council Minutes 1 September 27, 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 27, 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 27, 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 22, 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 (arrived at 7:10 p.m.)
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. 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
Aaron Hand, M.V.: Spoke out against a government shutdown and the transfer of unfett ered power to the City Manager. Addressed Council Member’s Kelley and Goodell that there is clear authority from the California Supreme Court that allows two remaining council members on a five-member board to appoint a third member in order to carry out business.
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City Attorney Curley responded for the record, that everything that Mr. Hand has said is a gross misrepresentation. Mr. Hand ignores the fact that paragraph 40 reflects two cases and the Attorney General states “it may” it does not say “it is” in the Nesbitt case. As far a separation of powers, yes absolutely, we didn’t want the court telling the Council how to act.
You have authorities and powers. The judge agreed with the City that it is a local issue and it is our issue on how to handle it. There is no clear authority.
RECESS AND RECONVENE TO CLOSED SESSION
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 four City Council Members present and Mayo Pro Tem Sachs absent.
REPORT OF CLOSED SESSION
City Attorney Curley announced there was one Closed Session and the City Council was given an update and no reportable actions occurred. There were questions raised about the status of the Judgement and the Appeal. Last Tuesday was an ex parte appearance and the Judge made it very clear that the City can appeal in any manner it wishes. The City filed the Appeal last Friday but due to Native American Day the filing rolled over to yesterday. The case has been filed for an immediate Stay and until the Appeal i s decided we will be honoring Judge Schwarm’s Order but to make it clear depending on what the Court of Appeal decides the Council as constituted can come right back so to speak. We are waiting for the status quo to play through from the Appeal, which is consistent with Judge Schwarm.
INVOCATION: Council Member Kelley
PLEDGE OF ALLEGIANCE: Council Member Raths
PRESENTATIONS
P1. Recognize the 25th Anniversary of the Mission Viejo Library Presented proclamation to Director of Library & Cultural Services Genesis Hansen.
P2. Capistrano Unified School District - School Safety
Received presentation from CUSD Executive Director of Safety and Student Services Mike Beekman
P3. Montanoso Recreation Center Mural
Received video presentation.
P4. M.V. Pro Shop at the Marguerite Recreation Center
Received video presentation.
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PUBLIC COMMENTS
Lisa Foto, M.V.: Quoted from the Bible. Stated that she supports incumbents, and lives in District 1 and supports Bob Ruesch. She supports local control and encouraged everyone to vote.
Dennis Lumley, M.V.: Addressed the City Council on the California Hawaii Elks Association (CHEA) . The money raised goes to nurses and staff to take care of handicapped and disabled children that are rural and can’t get to their therapy sessions. He stated that the Elks put together $130,000 toward this effort.
Connie Lanzisera, M.V.: Spoke on the Wendy’s restaurant project and the lack of notice to residents surrounding this project . Announced A B2223 was signed today by Governor Newsom and in November Prop 1 will be on the ballot to amend the CA constitution to explicitly grant the right to abortion and codifies abortion rights in this state
Larry Gilbert M.V.: Questioned that the residents should have been allowed to vote on the Stein Mart acquisition. Recapped previous bond initiatives that were on the ballot.
Bill Moorhead, M.V.: Spoke on his accomplishments as a Board Member for Moulton Niguel Water District and asked for his vote in the upcoming election. He encouraged residents to stay within their water budget.
Dr. Roxanne Metz, M.V.: Criticized three Council Members for illegally extending their terms and the unprofessional demeanor of the City Attorney. Pointed out Item 9, and criticized the resolution that it gives too much power to the City Manager.
Walt Lawson, M.V.: Read from the Ruling of Judge Schwarm. Commented that the taxpayers will be footed with the bill.
Tricia Gonsowski, M.V.: Complimented the current City Council and thanked them. Stated that the City’s open space and trails are amazing. Thanked the Council on continuing to fight Sacramento.
Cathy Palmer, M.V.: Corrected that the People of the S tate of California are removing Bucknum, Raths and Sachs from office not Michael Schlesinger. Questioned the hiring of a consultant for consultants for the Core Vision Plan. Suggested that a mailer be sent to residents that we are now electing our council members by district voting.
Judy Bullockus, M.V.: Announced that she is up for re -election for Capist rano Unified School Board and asked for support in voting for her this November.
Paul Bucknum, M.V.: Praised the Council and Mayor on the work they have done for the City.
Pointed out that the Council works very hard to keep the California Promise.
Rick Sandzimier, M.V.: Thanked Council Member’s Kelley, Goodell, and especially Council Member Raths for filing an appeal on the Wendy’s Restaurant project. He also complimented the City Attorney and criticized those that are so negative against the City Council.
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Carlos Pianelli, M.V.: Stated that he will be sending out emails to each candidate asking questions.
Questioned our Country’s democracy. Spoke on the January 6 uprising at the White House.
Sharon Genton, M.V.: Thanked the City Council and City Staff for all their work. Announced that September is Hunger Action Month and wanted to make the community aware of the new student market place and food pantry for students and their families located at Silverado High School. Food distributions are every Friday and for more information she can be emailed at [email protected].
Judy Fike, M.V.: Criticized the City Council and questioned whether the residents have been told the truth. Encouraged residents to read the courts transcripts. Stated that the City Council is to be non-partisan and said all different parties are concerned with this Council.
Rita Tayenaka, M.V.: Complimented the staff and City Council on everything they do. Stated that the backlash the Council has received is incredible and she honors them for running for reelection.
Tom Moore, M.V.: Spoke on the CVRA 2002 and asked why the City Attorney and City Manager did not bring the matter at that time to the sitting City Council at that time. He stated that if the current Council gets re -elected he will support them. Complained that the City Council extended their terms without a vote of the residents.
Valorie Green, M.V.: Stated that she is the owner of High Park Tap House and gave kudos to the City Council for giving them a grant that allowed them to make payroll during COVID .
Complimented the City Council for being so business friendly.
Devon Wayt, M.V.: Stated that he is in long-term recovery for substance abuse and spoke about his involvement in the industr y. Urged the City Council to use California Consortium of Addiction Programs and Professionals (CCAPP) certification to have them maintain a registry and oversee compliance an accordance with the National Association of Realtors (NAR) Standards as opposed to the City.
Sita Gyan-Gorski, Laguna Hills: Stated that she was a teacher at Trabuco Hills High School and is in support of the current City Council. Volunteers for the Assistance League and the Rotary Club.
Praised the City Council for their invested interest in the well- being and safety of the residents of Mission Viejo. Complimented Council Member Raths on his Presidency of the Rotary Club.
Linda Shepard, M.V: Announced that she is running for City Council District 1 and announced that St. Kilian Cub Scout Pack 714 will be hosting an annual bike/e -bike rodeo the morning of November 5 in the lower parking lot of St. Kilian Church. Asked that the City help promote this much needed program. She outlined her qualifications for City Council.
Cathy Schlicht, M.V.: Criticized the Chamber of Commerce on the City Attorney’s presentation at their meeting of September 8. She recapped Judge Shwarm’s judgement. Criticized the City Attorney’s character and protests the current Council. She asked that the Council pull item 9 from the Consent Calendar.
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Robert Breton, M.V.: Thanked the City Council for their tireless efforts to improve our quality of life in Mission Viejo. Saving the Golf Course by purchasing it, Central Core Vision Plan with the purchase of Stein Mart, being financially responsible, maintaining one of the safest Cities and most livable in the State and the Nation. Lastly, he commented on the delayed lawsuit that was a waste of time and money just before the election.
May Bucknum clarified that the goal of the Sober Living Ordinance is to protect the patients.
CONSENT CALENDAR
Item 6 was removed from the Consent Calendar for separate consideration.
Motion made by Council Member Kelley, seconded by Council Member Raths, to approve the Consent Calendar 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 regular City Council Minutes for the meeting of September 13, 2022, as presented.
2. Check Register Dated September 9, 2022 in the Amount of $3,784,211.03 Ratified the accompanying check register.
3. Check Register dated September 16, 2022 in the amount of $1,094,441.76 Ratified the accompanying check register.
4. Biennial Update of the City of Mission Viejo’s Conflict of Interest Code Adopted Resolution 22-33 Amending the City of Mission Viejo's Conflict of Interest Code.
5. Biennial City Commission Member Term Expiration
(1) Directed the City Clerk to post the Notice of City Commission vacancies, (2) set application deadline for December 23, 2022, and (3) scheduled appointment of Commission Members for January 10, 2023.
7. Review and Approval of Recognized Obligation Payment Schedule Enforceable Obligations for the 23-24 A-B Annual Fiscal Period of July 1, 2023 to June 30, 2024
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(1)Adopted Successor Agency Resolution 22 -01 Approving the Recognized Obligation Payment Schedule 23-24 A-B Enforceable Obligations for the Annual Fiscal Period of July 1, 2023 to June 30, 2024, Subject to Submittal to and Review by the Orange Countywide Oversight Board and by the Department of Finance Under the Division 24, Part 1.85 of the California Health and Safety Code, and Authorizing the Posting and Transmittal Thereof; and (2) further, the Director of Administrative Services, in consultation with legal counse l, shall be authorized to request and complete meet and confer session(s), if any, with the Department of Finance and authorized to make augmentations, modifications, additions or revisions as may be necessary or directed by the Department of Finance.
8. Annual Measure M2 Expenditure Report for Fiscal Year Ended June 30, 2022
Approved Resolution 22-34 Adopting the Measure M2 Expenditure Report for the City of Mission Viejo.
9. Procedural Authorization for City Manager; City Financial Obligations and Comprehensive Authorization to Act; Mission Viejo Municipal Code Section
2.06.080(12)
Adopted Resolution 22 -35 Confirming and Empowering the City Manager to Perform all Responsibilities and Exercise all Powers Necessary for the Safe, Operations and Required Actions, Authorizations and Approval of and by the City of Mission Viejo.
10. Annual Routine Technical Irrigation - A.C. Landscape, Inc.
(1) Approved Eleventh Amendment to the existing contract with A. C. Landscape, Inc. for the subject services in an amount not to exceed $40,000.00; and (2) authorized a change order to the existing Purchase Order for A.C. Landscape, Inc. in an amount not to exceed $40,000.00.
11. Annual Park and Facility Hardscape Construction Improvement Contract -S. Parker Engineering, Inc.
(1) Approved Eleventh 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 $140,000.00.
12. License Agreement from November 1, 2022 through February 29, 2024 with OAKHOUSE CHURCH INC. to lease space at 25282 Marguerite Parkway
Approved the License Agreement with OAKHOUSE CHURCH INC. (A22 -40) for a period of 16 months to use 7970 SF of space located inside the MART building located at 25282 Marguerite Parkway.
13. Proposed Amendment to Existing Lease Submitted by Verizon Wireless in Conjunction with an existing Wireless Telecommunication Facility on a light standard at Beebe Park located at 24190 Olympiad Road
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Approved and Authorized the City Manager to Execute the Amended Lease.
14. Orange County Transportation Authority 2022 -2023 Comprehensive Transportation Funding Program Call-for-Projects
(1) Adopted Resolution 22-36 Approving the Submittal of the Marguerite Parkway, Felipe Road/Olympiad Road, and Trabuco Road Corridor Improvement Projects to the Orange County Transportation Authority (OCTA) for Funding Under the Competitive Measure M2 Regional Transportation Signal Synchronization Program (Project P); and (2) directed staff to transmit Resolution to OCTA, in conjunction with the City's funding application for said project.
15. Crown Valley Parkway Regional Traffic Signal Synchronization Project (Project P) Cooperative Agreement
Approved Cooperative Agreement No. C -2-2633 with the Orange County Transportation Authority (A22-41) for the Crown Valley Parkway Regional Traffic Signal Synchronization Project (CIP 23254).
16. Acceptance of Tract Map 19035 and Associated Bonds and Agreements
(1) Approved Tract Map 19035 and authorize the City Clerk and the City Engineer to sign the record map upon completion of any technical corrections required by the City Engineer; (2) authorized the Mayor and the City Cler k to sign the Subdivision Improvement Agreement (A22-42) for Tract Map 19035 with TH El Toro LLC; (3) accepted Subdivision Faithful Performance Bond No. PB00224600023 in the amount of $436,977.00, and Subdivision Labor and Materials Bond No. PB00224600023 in the amount of $436,977.00; (4) accepted Subdivision Faithful Performance Bond No. PB00224600024 in the amount of $46,028.00, and Subdivision Labor and Materials Bond No. PB00224600024 in the amount of $46,028.00; and (5) accepted Subdivision Monument Bond No. PB00224600025 in the amount of $5,400, all posted by Philadelphia Indemnity Insurance Company.
17. Extension Request for the Oso Creek Golf Course Management Agreement with American Golf Corporation
Approved 1st Amendment to the Management Agreement for Oso Creek Golf Course until June 30th, 2023 to align with the end of the fiscal year.
18. Year End Financial Report for the City of Mission Viejo - Fiscal Year Ended June 30, 2022
Received and filed.
19. Year End Financial Report for the City of Mission Viejo Golf Course Fund for Fiscal Year Ended June 30, 2022
Received and filed.
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20. Cooperation Agreement (CDBG Funds Transfer) between the City and Housing Authority; Affordable Housing Agreement (Phase III) between Mission Viejo H ousing Authority and Families Forward; and Affordable Housing and CDBG Loan Agreement (Phase IV) between the Housing Authority and Families Forward
(1) Adopted Joint Resolution 22-37 of the City Council and Housing Authority Approving the Cooperation Agreement (CDBG Funds Transfer) (A22-43) Between the City and Housing Authority for Transfer $439,000 of CDBG Funds to Implement the Affordable Housing and CDBG Loan Agreement (Phase IV) and Making Certain Other Findings; (2) adopted Housing Authority Resolution 22-04 Approving the Affordable Housing Agreement (Phase III) (A22- 44) Between the Housing Authority and Families Forward, to Provide an Authority Loan of up to $561,000 Sourced Sol ely From the Low to Moderate Income Housing Asset Fund (LMIHAF) of the Housing Authority as Housing Successor, for Acquisition and Long Term Operation of One Single-Family Home for Lease and Occupancy by Extremely Low Income Persons and Families Who are Ho meless or at Risk of Homelessness, and Making Certain other Findings; and (3) adopt Housing Authority Resolution 22- 05 Approving the CDBG Loan Agreement (Phase IV) (A22-45)(Between the Housing Authority and Families Forward, to Provide a CDBG Loan of Up to $439,000 Sourced Solely from CDBG Funds as Transferred by the City to the Housing Authority for Acquisition and Long-Term Operation of One Single- Family Home for Lease and Occupancy by Low Income Persons and Families Who are Homeless or at Risk of Homelessness, and Making Certain Other Findings.
21. MV Shuttle - Amendment 1 to Cooperative Agreement with OCTA
Authorized the City Manager to Approve Amendment 1 to Cooperative Agreement No. C-0- 2389 between the Orange County Transportation Authority and the City of Mission Viejo for Project V Community-Based Transit/Circulators.
ITEMS REMOVED FROM THE CONSENT CALENDAR
6. Agreement with Veronica Tam and Associates Professional Services to Update the City’s General Plan Housing Element
Director of Community Development Elaine Lister gave the staff report.
Robert Breton, M.V: Spoke out against Sacramento and AB2011 and the affect it will have on our City.
Motion made by Council Member Kelley, seconded by Council Member Raths, to approve the Agreement with Veronica Tam and Associates (A22 -39) in an Amount not to Exceed $50,000, to Update the General Plan Housing Element.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Raths, and Sachs
NOES: None
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ABSENT: None
CITY MANAGER REPORT
22. Fiscal Year 2021/22 Close Out Report and Fiscal Year 2022/23 Budget Adjustments for Certain Revenue and Expenditure Accounts
Administrative Services Manager Susan Knudson presented the staff report.
Council Members asked various questions and thanked the staff for all their hard work on the budget.
Motion made by Council Member Kelley, seconded by Council Member Goodell, to (1) adopt Resolution 22-38 Amending the FY 2021/22 City Budget for Year-End Close Out Adjustments in Certain Accounts and Funds; (2) adopt Resolution 22- 39 Amending the FY 2022/23 City Budget, and (3) adopt Resolution 22-40 Amending the Authorized Position Schedule.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Raths, and Sachs
NOES: None
ABSENT: None
CITY ATTORNEY REPORT
Attorney Bill Curley laid out the signage criteria particularly pertaining to political signs.
Reminded the candidates to inform those that are putting out signs on their behalf to be aware of the sign rules.
MAYOR’S, COMMISSION, COMMITTEE REPORTS AND ACTIONS
23. Local Agency Formation Commission (LAFCO) Report
Received report from Mayor Bucknum.
24. Transportation Corridor Agencies (TCA) Report
Received report Council Member Kelley.
25. Orange County Transportation Authority (OCTA) Report Received report from Council Member Goodell.
COUNCIL MEMBER COMMENTS AND ACTIONS
26. Council Member Reports of Events and Activities Attended ~ AB1234
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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 mentioned that he has been very busy with serving on both the Orange County Transportation Authority (OCTA) and the Southern California Association of Governments (SCAG).
Council Member Kelley
Council Member Kelley announced that she attended the Business Awards Luncheon on September 16 and on September 22 she attended with the Annual Sandy Hook Start with Hello at Carl Hankey School. She attended the Sergeant Matt Davis Remembrance on September 22 and stated it was a very moving ceremony and encouraged residents to visit the Matt Davis Park. Council Member Kelley also attended a ribbon cutting for Salon Pompeii along with Council Member Raths. She encouraged everyone to mark their calendars for October 15 for the Walk Against Drugs at 8:00 a.m.
Council Member Raths
Council Member Raths stated the Matt Davis Remembrance was an amazing event. He announced that he supports the Women of Iran and the Iranian people. He stated he is familiar with that area of the world in three combat tours in the Middle East, six deployments, Operation Desert Storm and two other conflicts Southern Watch and Restore Hope. He said the Iranians are great people but the regime is very repressive.
Mayor Pro Tem Sachs
Mayor Pro Tem Sachs thanked the Council and Staff for allowing him to be a little late to the meeting due to the conclusion of the high holiday of Rosh Hashana at sundown this evening. This marks the beginning of the 10 days before Yom Kippur which is considered 10 days of judgement.
The judgement is whether or not we Jews are placed in the book of life for another year. Concluded that if this should be his last Council Meeting, he has loved serving this City, and every vote he has made has been on behalf of the residents.
Mayor Bucknum
Mayor Bucknum attended the Orange County/Los Angeles Iranian American Chamber of Commerce event. Mission Viejo Business OCB Accounting Firm was honored at this event. She stated she also stands in solidarity with the Iranian women. She stated she also attended the Mission Armed Forces football game at Mission Viejo High School. Mayor Bucknum shared there will be a Shred Ev ent this Saturday at City Hall Parking Lot from 9:00 a.m. to 11:00 a.m. She will be attending the 57
th Annual Mayor’s Prayer Breakfast this Friday unless her grandchild is born.
Announced that Yom Kippur is October 5 and the Library 25th Anniversary Gala on October 7. She mentioned that on October 11 there will be an event H20 for HOA’s in Laguna Niguel from 8:00
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to Noon. Finally, she shared that with the uncertainty of the current Council, she wanted to remind residents that she serves on many regional boards and that she may not be able to represent the City if she is removed from office.
ADJOURNMENT
At the hour of 9:00 p.m., with no further business to come before the City Council at this session, Mayor Bucknum adjourned the meeting.
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Kimberly Schmitt, City Clerk