City Council Minutes 1 February 14, 2023
MISSION VIEJO MINUTES
City Council, Community Development Financing Authority, Successor Agency of the Community Development Agency,
Housing Authority, and Library Board of Trustees*
February 14, 2023
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 Goodell at 5:00 p.m., on February 14, 2023, 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 February 9, 2023, 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 Bucknum
Council Member Ruesch
Council Member Vasquez (arrived at 5:12 pm)
Mayor Pro Tem Kelley
Mayor Goodell
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
RECESS AND RECONVENE
At the hour of 5:01 pm, Mayor Goodell recessed to Closed Session. The City Council reconvened at 6:00 pm with all City Council Members present.
INVOCATION: Mayor Pro Tem Kelley
PLEDGE OF ALLEGIANCE: Council Member Vasquez
PRESENTATIONS
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P1. Congresswoman Young Kim
Received introduction from Congresswoman Young Kim
P2. Recognize the 2022 Employees of the Year
Mayor Goodell presented plaques to (1) Senior Public Services Supervisor Bryan Zahn, City of Mission Viejo Employee of the Year; (2) Fire Captain Danny Goodwin, Orange County Fire Authority Employee of the Year; and (3) Crime Prevention Specialist Timory McElwain, Orange County Sheriff's Department Employee of the Year.
P3. Adopted Headquarters Battalion of the 1st Marine Division Quarterly Recognition
Mayor Goodell presented certificates of commendation to the "Marine of the Quarter" Lance Corporal Arandy Mendoza, and "Noncommissioned Officer of the Quarter" Sergeant Alexandra C. Munoz.
P4. 2022 State of the City
Received presentation.
PUBLIC COMMENTS
Mark Neely, M .V.: Spoke on policing, law and humanity on black people in this country .
Suggested the solution is related to money, and to start reducing a portion of the police pension.
Becky Butler, M.V.: Remarked on Consent Calendar Item #13, Ordinance 23-349. She stated the unwillingness to include an anti-nepotism clause and t he removal of Commission term limits is unethical and embarrassing.
Walt Lawson, M .V.: Commented on three items ~ 1) t he widening of La Paz R oad, between Chrisanta and the 5 freeway; 2) the safety of bikes and E-bikes in the City; and 3) Consent Calendar Item #13, Ordinance 23-349, pertaining to Commission term limits and nepotism.
Peggy O’Neill, M.V.: Spoke on voting rights and how hers was denied. She shared h er upset on how three council members unlawfully extending their terms in office last year.
Tom Moore, M.V.: Expressed his concern of the Urban Core Vision Plan and suggested funds go to a specific plan for this area. He also requested Consent Calendar Item #13, Ordinance 23 -349 be pulled for discussion.
Robert Breton, M.V.: Spoke of his pride and satisfaction of Mission Viejo, however he added the City is recreation rich and cultural arts poor . He stated the time has come to build a 300- 400 seat performing arts center, and thanked the Council for their enthusiastic support.
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Cathy Kadison, M.V.: Reference the nepotism policy adopted in 1989 for City staff and questioned why it is not appropriate for elected officials as well?
Lynne Hayes, M .V.: Referred to the January 10 , 2023, City Council meeting , the selection of elected official appointmen ts, and remarked on Mayor Pro Tem Kelley and Council Member Ruesch’s comments on Commission term limits and nepotism.
Cathy Palmer, M.V.: Acknowledged Bob Breton’s work in establishing the City’s Library . She also voiced her concerns regarding Consent Ca lendar Item #13, Ordinance 23- 349, and stated it should be pulled from the consent calendar. Lastly, she questioned w hy should the same policy not apply to council and commission that applies to staff.
CONSENT CALENDAR
City Manager Dennis Wilberg stated Staff recommend several maintenance contract extensions be continued to the February 28, 2023, City Council meeting to better explain the extra work components of each contract.
Items 13, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 27, 28, 29, 30, 31, 32, 33 and 35 were removed from the Consent Calendar for separate consideration.
Motion made by Council Member Bucknum, seconded by Mayor Pro Tem Kelley, to approve the Consent Calendar as outlined below.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, and Ruesch
NOES: Vasquez
ABSENT: None
1 City Council Minutes
Approved the regular City Council Minutes for the Meeting of January 24, 2023, as presented.
2 General Check Register Dated January 13, 2023 in the Amount of $2,403,479.85
Ratified the accompanying check register.
3 General Check Register Dated January 20, 2023 in the Amount of $366,568.22
Ratified the accompanying check register.
4 General Check Register Dated January 27, 2023 in the Amount of $1,273,657.86
Ratified the accompanying check register.
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5 Golf Check Register Dated January 13, 2023 in the Amount of $111,741.70
Ratified the accompanying check register.
6 Golf Check Register Dated January 20, 2023 in the Amount of $43,245.01
Ratified the accompanying check register.
7 Golf Check Register Dated January 27, 2023 in the Amount of $210,368.61
Ratified the accompanying check register.
8 City Treasurer’s Monthly Report for December 2022
Received and filed.
9 Successor Agency of the Community Development Agency Treasurer’s Monthly Report for December 2022
Received and filed.
10 Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for December 2022
Received and filed.
11 Mission Viejo Housing Authority (MVHA) Treasurer’s Monthly Report for December 2022
Received and filed.
12 Transmittal of Pre-PARE Trustee Reports for the quarter ending December 31, 2022
Received and filed the accompanying Pre -PARE Trustee Reports for the quarter ending December 31, 2022.
14 Addendum to Memorandum of Understanding Between City of Mission Viejo and Pacific Symphony
Approved Addendum to Memorandum of Understanding between City of Mission Viejo and Pacific Symphony to release additional $9,500 based on finalized schedule of programming
23 Installation of Pelican Wireless HVAC Control System for City Hall Air Conditioning Equipment
Awarded contract A23 -02 to Tri -Pacific Heating & Air Conditioning, L.P., for the
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Installation of Pelican Wireless HVAC Control System for City Hall Air Conditioning Equipment in an amount not to exceed $155,924.00.
26 Residential Resurfacing—Slurry Seal (CIP 23838)—Award of Contract
(1) Adopted Resolution 23- 04 Amending the Fiscal Year 2022/2023 Budget for Costs Related to CIP 23838; and (2) awarded the construction contract A23-03 for the subject project to Roy Allan Slurry Seal, Inc., in the amount of $980,033.40.
34 Madrid Fore Park Play Area Rehabilitation - (CIP 334)
Approved the Plans and Specifications and authorized staff to advertise for bids for (CIP 334) – Madrid Fore Park Play Area Rehabilitation.
ITEMS REMOVED FROM THE CONSENT CALENDAR
13. Ordinance on Municipal Code Update on Section 2.06.050 and Section 2.06.060 of Chapter 2.06 of Title Two of the Mission Viejo Municipal Code Regarding Commission Selection and Removing Term Limit
Motion made by Mayor Pro Tem Kelley, seconded by Council Member Bucknum, to adopt Ordinance 22 -349 Amending Sections 2.06.050 a nd 2.06.060 of Chapter 2.06 of Title Two of The Mission Viejo Municipal Code Regarding Commission Selection and Removing Term Limits.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, and Ruesch
NOES: Vasquez
ABSENT: None
Council Member Vasquez read an excerpt from a recent ethics training she attended which she feels relates to this particular item. She stated, as Council Members, it is their duty to set an example to the community, and by excluding term limits and the anti-nepotism clause, the wrong message is being sent which is the opposite of what everyone wants.
15 Annual Routine Monthly Landscape Maintenance - Contract Area 1
By consensus this item was continued to the February 28, 2023, City Council Meeting.
16 Annual Routine Monthly Landscape Maintenance - Contract Area 2
By consensus this item was continued to the February 28, 2023, City Council Meeting.
17 Annual Routine Monthly Landscape Maintenance - Contract Area 3
By consensus this item was continued to the February 28, 2023, City Council Meeting.
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18 Annual Routine Monthly Landscape Maintenance - Contract Area 4
By consensus this item was continued to the February 28, 2023, City Council Meeting.
19 Annual Routine Monthly Landscape Maintenance - Contract Area 5
By consensus this item was continued to the February 28, 2023, City Council Meeting.
20 Annual Routine Monthly Landscape Maintenance - Contract Area 6
By consensus this item was continued to the February 28, 2023, City Council Meeting.
21 Annual Routine Monthly Landscape Maintenance - Contract Area 7
By consensus this item was continued to the February 28, 2023, City Council Meeting.
22 Annual Routine Monthly Landscape Maintenance - Contract Area 8
By consensus this item was continued to the February 28, 2023, City Council Meeting.
24 Annual Maintenance Program for Pool Maintenance Related Services at City Facilities
By consensus this item was continued to the February 28, 2023, City Council Meeting.
25 Annual Maintenance Program for the Janitorial and Related Services at City Facilities and Recreation Centers
By consensus this item was continued to the February 28, 2023, City Council Meeting.
27 Annual Routine Technical Irrigation Services
By consensus this item was continued to the February 28, 2023, City Council Meeting.
28 Annual Routine Janitorial and Related Services at Various Park Sites and Facilities
By consensus this item was continued to the February 28, 2023, City Council Meeting.
29 Annual Maintenance Program for the Removal and Replacement of Asphalt Pavement and Related Services
By consensus this item was continued to the February 28, 2023, City Council Meeting.
30 Annual Routine Maintenance Program for Sidewalk Grinding Services
By consensus this item was continued to the February 28, 2023, City Council Meeting.
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31 Annual Park and Facility Hardscape Construction Improvements
By consensus this item was continued to the February 28, 2023, City Council Meeting.
32 Annual Maintenance Program for the Removal and Replacement of Concrete Sidewalks, Curb & Gutter, Driveway Approaches and Cross-Gutters
By consensus this item was continued to the February 28, 2023, City Council Meeting.
33 Landscape and Irrigation Supplies
By consensus this item was continued to the February 28, 2023, City Council Meeting.
35 Graffiti Removal, Steam Cleaning, Painting and Sealing Services Contract
By consensus this item was continued to the February 28, 2023, City Council Meeting.
MAYOR’S, COMMISSION, COMMITTEE REPORTS AND ACTIONS
36 Transportation Corridor Agency (TCA) Report
Received report from Mayor Pro Tem Kelley.
37 Orange County Fire Authority (OCFA) Report
Received report from Council Member Ruesch.
38 Orange County Transportation Authority (OCTA) Report
Received report from Mayor Goodell.
CITY MANAGER REPORTS
Received report from Director of Library and Cultural Services Genesis Hansen on the Mission Viejo Library and Saddleback Unified S chool District teaming up to host the first ever district - wide student art showcase at the library from February 17 through March 17. A reception with live musical performances by SVUSD students will take place on Saturday, February 25, from 2–4 pm in the library’s Friends Storytime Room.
COUNCIL MEMBER COMMENTS AND ACTIONS
39. 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.
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Council Member Bucknum
Council Member Bucknum thanked Congresswoman Young Kim and her team for attending this evenings Council meeting . She thanked and gave a special welcome to Kim Carr with Senator Blackspear’s Office, and thanked County Supervisor Don Wagner’s representative for supporting those being honored today. Council Member Bucknum gave an update on the roundtable for South Orange County Sober Living Task Force, which has received much interest from other cities. She asked Dennis Wilberg to elaborate on the City Managers Task Force Group. Dennis mentioned that he, together with the City Manager of Costa Mesa are setting up a working group to support the efforts of Council Member Bucknum ’s Task Force Group, and a lso working with various legislator representatives. He added, the City has filed an amicus brief with the cities of Newport Beach, Orange, and Fountain Valley in support of Costa Mesa and their continuing fight to uphold their sober living ordinanc e. Council Member Bucknum spoke briefly of appointments, and mentioned that in her first year on the City Counil she did not receive an appointment , however, she now serves on SCAG and OCCOG. Lastly, with regards to term limits and nepotism, Council Member Bucknum stated everyone has a choice, and she will not be appointing someone who is related to someone else, and will seek to appoint people that have not termed out.
Council Member Ruesch
Council Member Ruesch gave a brief history of the Garden Plaza Project during his time as a Planning and Transportation Commissioner. He stated that the owners approached him again, and presented a new plan to City Staff. In the interest of transparency, he informed the owners that he represents District 1 and Mission Viejo , and that before they start any project , he suggested they meet with the residents of M ission Viejo. Council Member Ruesch added that he had the opportunity of touring the amazing OCFA facility, and he looks forward to working on the OCFA Board. As the Vector Control Trustee, he summarized his three-day Vector Control Seminar.
Council Member Ruesch reported that he partici pated in the Gnome Hunt at the Oso Creek Golf Course, which was well attended. He also attended the Sensory-friendly Concert and gave kudos to Director of Library and Cultural Services Genesis Hansen for putting on a fantastic program , plus he attended a number of Chamber Mixers. He concluded his report by stating that he and Council Member Vazquez attended the three-day League of California Cities (LOCC) 2023 New Mayors and Council Members Academy.
Council Member Vasquez
Council Member Vasquez stated that she attended the O range County Housing Finance Trust (OCHFT) meeting and will provide a report at the next Council meting. She recently toured the Felipe, Montanoso, and Sierra Recreation Facilities, and commented on the great renovations and great places to hold affordable smaller parties. She also met with Kim Carr of Senator Blackspear’s Office, and spoke of collaborating on different events together , with a particular interest in the non-profits that the city partners with, specifically women and military. Council Member Vasquez also met with the Principal at Capo Valley High School, to introduce herself and see how the City can be of assistance. A possibility would be the existing traffic situation . She also attended the League of California Cities (LOCC) Academy, which was a great opportunity to make connections with other Council Members from all over the state. She attended the Garden+Grille opening at the Oso Creek Golf Course . And lastly, this morning she met with the Principal at Carl Hankey
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Elementary School, who mentioned that she would be interested in bringing back the tu toring program at Felipe Tennis Center.
Mayor Pro Tem Kelley
Mayor Pro Tem Kelley announced that she and Mayor Goodell met with Congresswoman Young Kim prior to this evening’s meeting , and stated that she has an office here at City Hall on the second floor. She added, that if any high school/college students are interested in an internship they should contact the Congresswoman’s Office. Mayor Pro Tem Kelley also clarified, that the reason an OCFA alternate i s not appointed, is because the State legislature took that privileged away a number of years ago. She mentioned that she has resumed taking her grandchildren to Storytime, and thanked Director of Library and Cultural Services Genesis Hansen and her staff for moving the program back to the wonderful Storytime room. Mayor Pro Tem Kelley congratulated the Employees of the Year. Bryan Zahn for the City, Fire Captain Danny Goodwin for OCFA, and Crime Prevention Specialist Timory McElwain for OCSD. She concluded by stating the Character word for this month is Unity, and encourage all to attend the film of character Hidden Figures for this month on Sunday, February 19, at 1pm in the Council Chamber.
Mayor Goodell
Mayor Goodell stated that he also attended the meeting with Congresswoman Young Kim today, and added that he is excited that she and her staff have an office at City Hall. He also met with Senator Blakespear on Friday, and surprisingly only Kim Carr, and Esther Sanchez the Mayor of Oceanside were on the zoom call with him. He mentioned that he appreciated the time with the Senator and looks forward to forging a closer relationship, working on solving issues, in particular the Sober Living Task Force . He referenced a number of upcoming meetings he has, Orange County Transportation Authority (OCTA) , Orange County Council of Governments (OCCOG), Southern California Association of Governments (SCAG), and commented on the important of participating on these boards, and letting our voice be heard and opinions be known on a regional basis. Mayor Goodell concluded by stating the City is well represented on OCCOG , SCAG, OCTA, OCFA, OCHFT and the Southern Orange County Watershed Management Area Executive Committee, as the Council continue to work and be the voice of community.
ADJOURNMENT AT 8:07 PM TO TUESDAY, FEBRUARY 28, 2023, AT 5:00 P.M.
______________________________________
Renata Winter, Assistant City Clerk
Approved at the meeting of February 28, 2023