City Council Special Meeting Minutes 1 December 13, 2022
MISSION VIEJO MINUTES
Special City Council Meeting
December 13, 2022
A Special 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 Council Member Kelley at 4:30 p.m., on December 13 , 2022, at 200 Civic Center, Mission Viejo, California.
A complete copy of the agenda for the meeting containing all items as shown he rein was posted by 5:00 p.m. on December 8 , 2022, on the outdoor bulletin board at City Hall. Copies were also posted at 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 Goodell
Council Member Kelley
Absent:
None
Staff Present:
Dennis Wilberg, City Manager
William P. Curley III, City Attorney
Keith Rattay, Assistant City Manager/Director of Public Services Cheryl Dyas, Director of Administrative Services
Kimberly Schmitt, City Clerk
INVOCATION: Council Member Kelley
PLEDGE OF ALLEGIANCE: Council Member Goodell
PUBLIC COMMENTS
Gary Stewart, M.V.: Complimented th e Council and asked the City Council to look ahead to prevent legal actions in the future. He questioned the methodology in selecting the interim Council Member.
Walt Lawson, M.V.: Reminded and outlined to the Council and residents the reasons this special meeting is necessary. He criticized Wendy Bucknum for attending city events in November and December acting as if she was still a Council Member. Questioned th e lack of disclosure on the
City Council Special Meeting Minutes 2 December 13, 2022 agenda for the purpose of this meeting. Lastly, he stated residents can obtain more information on the Mission Viejo Guardian.
Cathy Schlicht, M.V.: Spoke in solidarity with the Chinese people who are standing in opposition to censorship. Questioned if the City Attorney manipulated the legal and political process for a desired outcome. Expressed that the residents have been steamrolled. She criti cized the C ity Attorney for unethically discriminating against her. Stated th e public record does not reflect the reality of what happened to our city government and that the press releases were biased.
Larry Gilbert, M.V.: Opposed the selection of former Council Member Sherri Butterfield as interim third member to the City Council. He outlined his reasons and suggest that Planning Commissioner Robert Breton, or former Councilman Frank Ury would be a better choice.
Robert Breton, M.V.: Stated that the voters have spoken and that this is the time and proper place to validate the voters and certify the election. Criticized the previous speaker and stated that former Council Member Sherri Butterfield can carry out this ministerial perfunctory act. Voiced concern that this Council is supposed to be non-partisan but looks like it is becoming partisan.
OPEN SESSION
1. Appoint a third council member at a special meeting of the City Council and certify the 2022 election results pursuant to adopting a resolution; Thereafter and immediately following at a regular meeting of the City Council swear in the 2022 (2023 -2026) City Council and adopt a resolution ratifying all City Council actions relating to the implementation of the November 8, 2022, election results City Attorney Bill Curley Presented the Staff Report.
Cathy Schlicht, M.V.: Stated that she holds no personal animosity toward Sherri Butterfield, but is concerned with the lack of public process. She outlined her concerns with this process.
Lastly, she stated that Planning Commissioner B ob Breton should be disqualified from holding any future position in the City for trying to justify the unlawful behavior of this city government.
Aaron Hand, M.V.: Wanted the public to be aware that the City filed a notice of appeal that only asked the appeal court for a writ of supersedeas and stay, which when it was dissolved resulted in the removal of the majority of the City C ouncil. He stated that as to the Appeal on the Merits, the City has not appealed the Lower Courts ruling, and to say there is a lack of clarity, that would likely be because the City has not asked the C ourt of Appeal to weigh in on that fact or that issue of law.
Motion made by Council Member Goodell, seconded by Council Member Kelley to appoint former Mayor and Councilwoman Sherri Butterfield.
On roll call, said motion carried by the following vote:
AYES: Goodell and Kelley
NOES: None
City Council Special Meeting Minutes 3 December 13, 2022 ABSENT: None
City Clerk Kimberly Schmitt issued the Oath of Office to Sherri Butterfield.
2. Official Results of the November 8, 2022 General Municipal Election
City Clerk Kimberly Schmitt presented the staff report.
Motion made by Council Member Goodell, seconded by Council Member Butterfield to adopt Resolution 22-43 Reciting the Fact of the General Municipal Election Held on November 8, 2022, Declaring the Result and Such Other Matters as Provided by Law.
On roll call, said motion carried by the following vote:
AYES: Butterfield, Goodell and Kelley
NOES: None
ABSENT: None
ADJOURNMENT
At the hour of 4:38 p.m., with no further business to come before the City Council at this special meeting, Council Member Kelley adjourned the meeting
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Kimberly Schmitt, City Clerk
Approved at the meeting of January 10, 2023