City Council Meeting Minutes 1 December 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*
December 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 City Clerk Kimberly Schmitt at 5: 08 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 herein was posted by 5:00 p.m. on December 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."
COUNCIL RELATED CEREMONIAL ITEM
1. Administration of Oaths of Office
The Oath of Office was presented to Wendy Bucknum by her husband Paul and Pastor Mike Maiolo, to Brian Goodell by the City Clerk Kimberly Schmitt, to Trish Kelley by her husband Jack, to Bob Ruesch by his wife Debbie, and to Cynthia Vasquez by her husband Alan Ooka.
City Clerk Kimberly Schmitt presented Certificates of Election to Council Members Goodell, Bucknum, Kelley, Ruesch, and Vasquez.
Present: Council Member Bucknum
Council Member Goodell
Council Member Kelley
Council Member Ruesch
Council Member Vasquez
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
City Council Meeting Minutes 2 December 13, 2022
CITY COUNCIL REORGANIZATION FOR 2023
2. Selection of Mayor and Mayor Pro Tem for 2023
Motion made by Council Member Bucknum, seconded by Council Member Kelley to appoint Brian Goodell to serve as Mayor in 2023.
On roll call, said motion carried by the following vote:
AYES Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
Motion made by Council Member Goodell, seconded by Council Ruesch, to appoint Trish Kelley, as Mayor Pro Tem for 2023.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, and Ruesch
NOES: Vasquez
ABSENT: None
PUBLIC COMMENTS
Brenda Cooper, M.V.: Encouraged the City Council to stay conservative and keep our community family oriented. She stated that the same people continue to complain and she doesn’t understand it. She thanked Cynthia for stepping up and being a Council Member.
Walt Lawson, M.V.: Congratulated both Cynthia Vasquez and Bob Ruesch and suggested to them that they question the suggestions and a dvice from the City Attorney. He criticized the previous City Council for extending their terms and the cost of attorney fees. He outlined potential future lawsuits and claims. He requested the two new Council Members ask for and publish the full accounting Mr. Curley spent on legal matters to keep the five Council Members in office.
Wendy Lee, M.V.: Welcomed the new City Council. She looks to move forward away from any division. She thanked both former Council Members Greg Raths and Ed Sachs for thei r service and contribution to Mission Viejo.
Michelle O’Brien, M.V.: Stated that she loves our City and all that it has to offer. She thanked the previous Council Members for all their hard work. She recognized Greg Raths and Ed Sachs for serving the Ci ty and representing Mission Viejo. She looks forward to working with the City Council and has faith that our City will continue what other Cities try to achieve.
Mary Wathen, M.V.: Commented on all the negative rhetoric this past year and believes it is time to move on and to appreciate all the hard work done by our City Council . She noted that the majority of residents of Mission Viejo as evident in the November 8 Election are in favor of this Council. She thanked the Council for all they do, have done, and will do in the future.
City Council Meeting Minutes 3 December 13, 2022
OLD BUSINESS
3. Resolution Ratifying all City Council Actions Relating to the Implementation of the November 8, 2022 Election Results
City Attorney Curley gave the staff report.
Motion made by Council Member Kelley, seconded by Council Member Goodell to adopt Resolution 22 -44 Confirming and Ratifying the Acts of the City Council of the City of Mission Viejo, California, at Both the Special Meeting and Regular Meeting Held on December 13, 2022, at 4:30 pm and 5:00 pm, and All Actions Conducted and Voted Upon in the Special Meeting and initial Portion of the Regular Meeting.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
CLOSED SESSION
CS1. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6(a):
Agency Negotiators: City Manager Dennis Wilberg; Assistant City Manager Keith Rattay; City Attorney William Curley; Director of Administrative Services Cheryl Dyas; Human Resources Manager Monique Goetz; and Labor Attorney Peter Brown:
Employee Organization: Service Employees’ International Union (SEIU)
RECESS TO CLOSED SESSION AND RECONVENE
At the hour of 5: 33 p.m., City Clerk Kimberly Schmitt recessed the meeting. The City Council reconvened at 6:08 p.m. with all five City Council Members present.
REPORT OF CLOSED SESSION
City Attorney Bill Curley announced no actions were taken, the Council was updated on negotiations with the SEIU union. There will be an action on item 20 on what was discussed on Closed Session.
INVOCATION: Council Member Goodell
PLEDGE OF ALLEGIANCE: Council Member Kelley
PUBLIC COMMENTS (Continued)
Smitha Shaker, M.V.: Congratulated the new members of the City Council. She agrees that it is time to move on. She asked that people look at both sides of every argument. She asked that the City Council move forward together. She commented on the recent Christmas Celebrati on and
City Council Meeting Minutes 4 December 13, 2022 criticized Wendy Bucknum for serving as a representative of the City at this event, but they excluded Cynthia at this event. Asked that the Council represent everyone in the City.
Ed Maurer, M.V.: Congratulated the new City Council. Stated he was surprised that the City has not put into action the adoption of the Solar App+ Platform that he thought would be online in January. He pointed out all the other Cities that have applied for grants and questioned why the City has not looked into the grants. He hopes that the new City Council will get real about climate change and apply for a Solar App+ grant now before the money runs out.
Ken Golemo, M.V.: Presented photographs regarding Eucalyptus trees in his neighborhood and asked about the maintenance of the trees. He stated that they installed solar panels and there is an increase in his electric bill due to the large Eucalyptus tree behind his home.
George Deltoro, M.V.: He spoke on security within the City and stated his house was burglarized in Canyon Crest. He questioned if there could be more enforcement at Flo Jo Park after dark. He asked if the fire road could have an easement that home owner’s association could put some security equipment such as night cameras to protect those homes that back up to the park.
Bob Breton, M.V.: Congratulated Mayor Goodell and honorable Council Members. Thanked the Council Members for their tireless efforts on our behalf to improve the quality of life that we enjoy in Mission Viejo. He saluted former Mayor Bucknum for that way in which she carried the City’s banner with dignity and grace with total commitment and deep devotion during the past year and gave her many kudos. He also thanked the City Manager. Assistant City Manager, and all staff.
Council Member Goodell announced that as a point of personal privilege and respect for our former Mayor, he asked Council Member Bucknum to chair the rest of tonight’s meeting.
CONSENT CALENDAR
Motion made by Council Member Kelley, 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, Ruesch, and Vasquez*
NOES: None
ABSENT: None
*Council Member Vasquez abstained from item 4 – City Council Minutes.
4. City Council Minutes
Approved the minutes for the Regular Meeting of November 8, 2022, as presented.
5. Check Register Dated October 28, 2022 in the Amount of $1,280,476.23 Ratified the accompanying check register.
6. Check Register Dated November 4, 2022 in the Amount of $1,235,038.05
City Council Meeting Minutes 5 December 13, 2022 Ratified the accompanying check register.
7. Check Register Dated November 14, 2022 in the Amount of $2,952,002.74 Ratified the accompanying check register.
8. Check Register Dated November 18, 2022 in the Amount of $1,568,036.33 Ratified the accompanying check register.
9. Check Register Dated November 25, 2022 in the Amount of $1,270,312.51 Ratified the accompanying check register.
10. City Treasurer’s Monthly Report for October 2022
Received and filed.
11. Successor Agency of the Community Development Agency Treasurer’s Monthly Report for October 2022
Received and filed.
12. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for October 2022
Received and filed.
13. Mission Viejo Housing Authority (MVHA) Treasurer’s Monthly Report for October 2022
Received and filed.
14. Mission Viejo Trash and Runoff Abatement Project (TRAP): Catch Basin Debris Screen and Automated Retractable Screen Installations in the Northerly Area (CIP 23253)
Awarded a construction contract in the amount of $200,000 to G2 Construction, Inc. for the Mission Viejo Trash and Runoff Abatement Project (TRAP): Catch Basin Debris Screen and Automated Retractable Screen Installations in the Northerly Area
15. Montanoso Recreation Center Rehabilitation (CIP 314) - 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
City Council Meeting Minutes 6 December 13, 2022 Faithful Performance and Payment Bonds one year and thirty- five (35) days, respectively, after the date of the Notice of Completion recordation and contingent upon the absence of claims or liens being filed with the City; (4) approved the second amendment to Nadar, Inc. for the Montanoso Recreation Center Rehabilitation - CIP 314; (5) authorized a change order to the existing purchase order for Nadar, Inc. in an amount not to exceed $3,937.00; and (6) authorized the payment of the final retention of $45,794.80, thirty-five (35) days after the date of the Notice of Completion recordation.
16. Coronado Park Play Area Rehabilitation (CIP 328) - 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 Notice of Completion with the County of Orange and to release the Faithful Performance and Payment Bonds one year and thirty- five (35) days respectively, after the date of recordation of the Notice of Completion contingent upon no claims or liens being filed with the City and (4) authorized the payment of the final retention of $32,599.94, thirty-five (35) days after the date of recordation of the Notice of Completion
17. Marty Russo Youth Athletic Park Field Lighting (CIP 331) - 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 Notice of Completion with the County of Orange and to release the Faithful Performance and Payment Bonds one year and thirty- five (35) days respectively, after the date of recordation of the Notice of Completion contingent upon no claims or liens being filed with the City and (4) authorized the payment of the final retention of $34,966.36, thirty-five (35) days after the date of recordation of the Notice of Completion
18. Procurement of General Banking Services
(1) Rescinded current City Council Policy 300-5 Rotation of Banking Services and (2) adopted proposed City Council Policy 300-5 Procurement of General Banking Services.
PUBLIC HEARING
19. Ordinance Adopting the 2022 California Building and Fire Codes, the International Swimming Pool and Spa Code and the International Property Maintenance Code.
Director of Community Development Elaine Lister presented the staff report.
Council Member Bucknum opened the Public Hearing at 6:47 pm. There being no requests to speak Council Member Bucknum closed the Public Hearing at 6:47 pm.
Motion made by Council Member Goodell, seconded by Council Member Kelley to (1) adopt Ordinance 22 -346 Adopting by Reference the 2022 Editions of the California Building, Residential, Plumbing, Electrical, Mechanical, Green Building Standards, Historical Building, and Existing Building Codes, and the 2021 Editions of the International Swimming Pool and Spa Code and International Property Maintenance Code, Together, with Certain
City Council Meeting Minutes 7 December 13, 2022 Appendices and Amendments Thereto, and Amending Title 8 of the Mission Viejo Municipal Code"; (2) adopt Resolution 22-45 Setting Forth Findings for Required Amendments to the 2022 California Building Code Relative to Local Climatic, Topographic, and Geologic Conditions; (3) adopt Ordinance 22- 347 Adopting by Reference the 2022 California Fire Code, Together with Certain Amendments and Deletions"; and (4) adopt R esolution 22-46 Setting Forth Findings for Required Amendments to the 2019 California Fire Code Relative to Local Climatic, Topographic, and Geologic Conditions.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
NEW BUSINESS
20. Ratification of a Side Letter Agreement Between the City of Mission Viejo and SEIU Local 721
Human Resources Manager Monique Goetz presented the staff report.
Motion made by Council Member Ruesch, seconded by Council Member Kelley to (1) adopt Resolution 22-47 Ratifying a Side Letter Agreement between the City of Mission Viejo and SEIU Local 721; and (2) adopt Resolution 22-48 Amending the City's Salary Schedule to be Effective Retroactive to July 1, 2022 and Effective January 1, 2023.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
CITY MANAGER REPORT
Director of Public Works Mark Chagnon gave an update on the I-5 Widening project.
Assistant City Manager Keith Rattay updated the C ouncil that the Church got all their permits in and they will be moving into the Mart. He announced there will be a Night Market event this weekend with Whoville and Santa’s Village and there will be a shuttle going back and forth from City Hall. He also indicated that the Fire Station is getting close to submitting plans for the temporary station and start construction sometime in February.
CITY ATTORNEY REPORT
City Attorney Curley announced that at the first meeting in January we will be asking the City Council to give us direction amending the ordinance regarding commissions. Decision on whether the commissioners have to reside in the same district as a Council Member, terms of office, .and any other enhancements to the commissions will be discussed. He outlined the timeframe would
City Council Meeting Minutes 8 December 13, 2022 be the first reading of the ordinance at the second of meeting in January with the adoption at the first meeting in February.
COUNCIL MEMBER COMMENTS AND ACTIONS
21. 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 Ruesch
Council Member Ruesch stated that he attended the Veteran’s Day Ceremony, Santa’s Arrival and the Winter Gala. He thanked the many voters that elected him. He also thanked his wife Debbie.
Council Member Ruesch thanked his campaign team, Bob Breton, Peter Molinari, his son Andrew, and Andie Lofy and most certainly the volunteers Lisa, Connie, Brian, Gary, and Michelle. Lastly, he thanked Dennis Heyburn for being his lifelong friend and his support. He wished everyone a Merry Christmas.
Council Member Vasquez
Council Member Vasquez thanked her husband and stated it was quite the experience running for City Council and they both learned a lot and that she is very grateful to have him by her side. She commented that she is very proud of going through this experience and showing her daughters that if you really put in the effort and perseverance whether you win or lose. She explained that she met many people that she would never have had the opportunity had she not run for office. Council Member Vasquez said she is looking forward to working with the community throughout the City.
She thanked all her volunteers and the voters that elected her. She looks forward to learning from the City Council. She clarified that on her vote for Mayor Pro Tem was to have one o f the new incoming Council Members serve as Mayor Pro Tem into that rotation. She asked the City Attorney if she could get the status of the current litigation with the previous City Council and the motion for attorney fees and costs. She also asked when the resolution for the City Manager authority will be rescinded.
City Attorney Curley responded that the motion for attorney’s fees are being addressed. As far as the Appeal, the record was filed in November. The documents are being prepared. He stated that the City Manager authority resolution will be rescinded at the first meeting in January.
Council Member Kelley
Council Member Kelley stated it was a busy month. She commended City Staff, particularly Leslie McDonald and Colonel Lundgren for the Veteran’s Day Ceremony and thanked the residents that attended. She pointed out the success of Santa’s Arrival and Workshop and thanked the Mission Viejo Activities Committee for putting on these events every year. Council Member Kelley stated she attended two Ribbon Cutting Ceremonies, Gemma ’s Jewelers and the Airforce Recruiting Office. She attended the following events: Chamber of Commerce Mixer, Winter Gala, and SCAG Economic Summit. This evening she announced is the Adopted Marines Battalion
City Council Meeting Minutes 9 December 13, 2022 Christmas Party at Camp Pendleton and thanked all the residents that contributed gifts. She thanked the voters and volunteers and welcomed Council Member Vasquez and Council Member Ruesch. Lastly, she wished everyone a Merry Christmas, Happy Hanukah, and Happy Holidays to everyone.
Council Member Goodell
Thanked those that supported him for reelection and the Council for selecting him as Mayor for 2023. He stated he is excited for the new year. Council Member Goodell thanked his wife Vicky.
He stated attended many events this last month. He thanked the Greg Raths, Ed Sachs and Wendy Bucknum for their service to our community. Council member Goodell welcomed the new councilmembers and looks forward to a fresh start in 2023. Lastly, wished everyone a Happy Holiday.
Council Member Bucknum
Council Member Bucknum echoed what her fellow Council Members said before her and thanked the voters. She stated in spite of the negative campaign signs she was still reelected with the highest percentage of votes. She commented that her uncle earned a Life Time Achievement Award from the Academy of Music in Hawaii. Council Member Bucknum thanked her husband, Mission Viejo Christian Church, and Assemblywoman Kate Sanchez. She gave a big shout out to her volunteers , Lisa, Sandy, Steve, Tricia, and Victoria as her Treasurer. Council Member Bucknum also thanked her neighbor Karen who she could also call in the middle of the night. She thanked her son for putting together signs. Council Member Bucknum thanked Sherri Butterfield for stepping up tonight to certify the election and she deserved a lot more respect than the negative comments this evening from the public. Without Sherri Butterfield there would be no Library.
She spoke on the Housing Element and suggested that we may have to establish a special subcommittee to handle getting this squared away and the other things that may come with it including a specific plan in the appropriate locations. She informed that there will be a State of the City beginning of next year. She recapped the progress on a lot of issues such as, Sober Living Homes, public safety, increase of public input, civic core progress, paving along Oso Creek Trail, and the golf course improvements. Council Member Bucknum stated she wants to work cooperatively together with the City Council. Lastly, she thanked Greg Raths and Ed Sachs for their service to the City.
ADJOURNMENT
At the hour of 7:38 p.m., with no further business to come before the City Council at this special meeting, Council Member Bucknum adjourned the meeting in memory of Dennis Lumley.
______________________________________________
Kimberly Schmitt, City Clerk
Approved at the meeting of January 10, 2023