City Council Minutes 1 February 28, 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 28, 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, Cal ifornia, was called to order by Mayor Pro Tem Kelley at 5:00 p.m., on February 28, 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 24, 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
Mayor Pro Tem Kelley
Mayor Goodell (arrived via teleconference from Waikoloa, Hawaii 5:12 pm)
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
CLOSED SESSION
CS1. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6(a):
Agency Negotiators: City Manager Dennis Wilberg; A ssistant City Manager Keith Rattay; City Attorney William Curley; Human Resources Manager Monique Goetz; Labor Attorney Peter Brown: Employee Organization: Service Employees’ International Union (SEIU)
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CS2. Conference with Legal Counsel - Pending Litigation: People ex. rel. Schlesinger v.
Sachs, et. al., OCSC No. 30-2022-01262431-CU-JR-CJC
Council Member Bucknum announced that she will recuse herself from this item.
Cathy Schlicht, M/V.: Stated the lack of a historical record that shows how the prior Council put the City in jeopardy with the lack of transparency. She criticized the City Attorney for creating a process for a desired outcome and referenced an email that she sent in 2020 to the Council.
CS3. Conference with Legal Counsel - Pending Litigation: Schlesinger v. Mission Viejo, OCSC Case No. 30-2022-01253878-CU-WM-CJC
Cathy Schlicht, M/V.: Criticized the City Manger for his lack of involvement in the whole election process and to allow the legal shenanigans. She stated that the 2022 elections are over and in her opinion the City Attorney filed the appeal to protect himself from malpractice.
City Attorney Bill Curley announced that he wanted to make the record clear that the speaker misunderstands the law and the procedural history. He recapped the court meeting with Judge Schwarm and plaintiff attorney Kevin Shenkman.
RECESS TO CLOSED SESSION AND RECONVENE
At the hour of 5:09 pm, Mayor Pro Tem Kelley recessed to Closed S ession. The City Council reconvened at 6:04 pm with four City Council Members present and Mayor Goodell joined via teleconference.
REPORT OF CLOSED SESSION
City Attorney Curley, announced that we had three closed session items that were taken in reverse order. CS3 is a pending litigation on a writ case with an offer presented from the plaintiffs and we will not be advancing that which was unanimous decision by the City Council. CS2 is a similar offer that we will not be advancing. CS1 was not heard due to time and will be re -agendized at a future council meeting.
INVOCATION: Council Member Ruesch
PLEDGE OF ALLEGIANCE: Council Member Bucknum
PUBLIC COMMENTS
Tom Moore, M.V.: Supports a Specific Plan for not only the Core Area Vision Plan but also the area from Interstate 5 on the West, Veterans Way on the Est, Jeronimo Road on the North and Oso Parkway on the South.
Mayor Pro Tem Kelley asked staff to perhaps have a review of the 2007 Urban Land Institute study at a future meeting.
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Walt Lawson, M.V.: He stated that the City owes an explanation to the residents about why these legal cases continue to be considered in closed session. He criticized the spending of thousands of dollars on legal fees and pointed out that this should be provided to the public.
Cathy Schlicht, M.V.: She pointed out that half million dollars has already been paid out in attorney fees to keep the council in office whi ch thus resulted in the current lawsuit. She stated that the legal briefs should be posted online so the residents can make their own determination. Criticized the City Attorney for dismissing her comments on the legal process. Lastly, she addressed item 7 and criticized the spending of anymore money on this project.
Mayor Pro Tem Kelley asked the City Attorney to clarify some of the accusations that were made by public speakers and Mayor Goodell asked if the City Attorney could clarify the terms. Attorney Curley provided a response.
CONSENT CALENDAR
Item 7 was removed from the Consent Calendar for separate consideration.
Motion made by Mayor Goodell, seconded by Council Member Bucknum, 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
1. City Council Minutes
Approved the regular City Council Minutes for the Meeting of February 28, 2023, as presented.
2. General Check Register Dated February 3, 2023 in the Amount of $683,669.15 Ratified the accompanying check register.
3. General Check Register Dated February 10, 2023 in the Amount of $3,316,851.14 Ratified the accompanying check register.
4. Golf Check Register Dated February 3, 2023 in the Amount of $24,386.55 Ratified the accompanying check register.
5. Golf Check Register Dated February 10, 2023 in the Amount of $37,320.38
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Ratified the accompanying check register.
6. Mission Viejo Trash and Runoff Abatement Project (TRAP): Catch Basin Debris Screen and Automated Retractable Screen Installations in the Northerly Area (C IP 23253) - 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 no claims or liens being filed with the City; and (4) authorized t he release of the final retention 35 days after the date of recordation of the Notice of Completion.
8. Annual Routine Monthly Landscape Maintenance - Contract Area 1
(1) Approved Fifth Amendment to the existing maintenance contract to Nieves Landscape, Inc. for subject services for the period of July 1, 2023 through June 30, 2025 to increase the contract by an amount not to exceed $1,324,144.15; and (2) authorized issuance of a purchase order to Nieves Landscape, Inc. for the period of July 1, 2023 through June 30, 2024, in an amount not to exceed $662,072.08 pending adoption of the 2023 -2025 budget by City Council.
9. Annual Routine Monthly Landscape Maintenance - Contract Area 2
(1) Approved the Second Amendment to the existing maintenan ce contract to Nieves Landscape, Inc. for subject services for the period of July 1, 2023 through June 30, 2025 to increase the contract by an amount not to exceed $1,631,985.45; and (2) authorized issuance of a purchase order to Nieves Landscape, Inc. for the period of July 1, 2023 through June 30, 2024, in an amount not to exceed $815,992.73 pending adoption of the 2023-2025 budget by City Council.
10. Annual Routine Monthly Landscape Maintenance - Contract Area 3
(1) Approved the Third Amendment to the existing maintenance contract to Nieves Landscape, Inc. for subject services for the period of July 1, 2023 through June 30, 2025 to increase the contract by an amount not to exceed $1,138,394.90; and (2) authorized issuance of a purchase order to Nieves Landscape, Inc. for the period of July 1, 2023 through June 30, 2024, in an amount not to exceed $569,197.45 pending adoption of the 2023-2025 budget by City Council.
11. Annual Routine Monthly Landscape Maintenance - Contract Area 4
(1) Approved Fifth Amendment to the existing maintenance contract to Nieves Landscape, Inc. for subject services for the period of July 1, 2023 through June 30, 2025 to increase the contract by an amount not to exceed $770,873.90; and (2) authorized issuance of a purchase order to Nieves Landscape, Inc. for the period of July 1, 2023 through June 30, 2024, in an
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amount not to exceed $385,436.95 pending adoption of the 2023 -2025 budget by City Council.
12. Annual Routine Monthly Landscape Maintenance - Contract Area 5
(1) Approved Third Amendment to the existing maintenance contract to Nieves Landscape, Inc. for subject services for the period of July 1, 2023 through June 30, 2025 to increase the contract by an amount not to exceed $987,763.75; and (2) authorized issuance of a purchase order to Nieves Landscape, Inc. for the period of July 1, 2023 through June 30, 2024, in an amount not to exceed $493,881.88 pending adoption of the 2023 -2025 budget by City Council.
13. Annual Routine Monthly Landscape Maintenance - Contract Area 6
(1) Approved the Fifth Amendment to the existing maintenance contract to Nieves Landscape, Inc. for subject services for the period of July 1, 2023 through June 30, 2025 to increase the contract by an amount not to exceed $1,425,785.40; and (2) authorized issuance of a purchase order to Nieves Landscape, Inc. for the period of July 1, 2023 through June 30, 2024, in an amount not to exceed $712,892.70 pending adoption of the 2023-2025 budget by City Council.
14. Annual Routine Monthly Landscape Maintenance - Contract Area 7
1) Approved the Third Amendment to the existing maintenance contract to Nieves Landscape, Inc. for subject services for the period of July 1, 2023 through June 30, 2025 to increase the contract by an amount not to exceed $1,540,328.80; and (2) authorized issuance of a purchase order to Nieves Landscape, Inc. for the period of July 1, 2023 through June 30, 2024, in an amount not to exceed $770,164.40 pending adoption of the 2023-2025 budget by City Council.
15. Annual Routine Monthly Landscape Maintenance - Contract Area 8
(1) Approved Third Amendment to the existing maintenance contract to Nieves Landscape, Inc. for subject services for the period of July 1, 2023 through June 30, 2025 to increase the contract by an amount not to exceed $1,786,929.50; and (2) authorized issuance of a purchase order to Nieves Landscape, Inc. for the period of July 1, 2023 through June 30, 2024, in an amount not to exceed $893,464.75 pending adoption of the 2023 -2025 budget by City Council.
16. Annual Maintenance Program for the Removal and Replacement of Asphalt Pavement and Related Services
(1) Approved Fourth Amendment to the existing contract for the subject services to Ben's Asphalt, Inc. for the period of July 1, 2023 throu gh June 30, 2025 in the amount of $882,000.00; and (2) authorized issuance of a purchase order to Ben's Asphalt, Inc. for the period of July 1, 2023 through June 30, 2024 in an amount not to exceed $441,000 pending
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adoption of the 2023 -2025 budget by City Council. Annual Maintenance Program for the Removal and Replacement of Asphalt Pavement and Related Services
17. Annual Park and Facility Hardscape Construction Improvements
(1) Approved Twelfth Amendment to the existing contract with S. Parker Engineering Inc., for the period of July 1, 2023 through June 30, 2025 in the amount of $418,000.00; and (2) authorized issuance of a purchase order to S. Parker Engineering Inc., for the period of July 1, 2023 through June 30, 2024, in an amount not to ex ceed $209,000.00, pending adoption of the 2023-2025 budget by City Council.
18. Landscape and Irrigation Supplies
(1) Approved the Sixth Amendment to Purchase Agreement A19 -54 for landscape and irrigation supplies to SiteOne Landscape Supply for the period of July 1, 2023 through June 30, 2025 in the amount of $1,042,750.00; (2) authorized issuance of a purchase order to SiteOne Landscape Supply for the period of July 1, 2023 through June 30, 2024 in an amount not to exceed $521,375.00 pending adoption of the 2023-2025 budget by City Council.
19. Annual Maintenance Program for the Removal and Replacement of Concrete Sidewalks, Curb & Gutter, Driveway Approaches and Cross-Gutters
(1) Approved Sixth Amendment to the existing maintenance contract with S. Parker Engineering, Inc for the subject services for the period of July 1, 2023 through June 30, 2025 in the amount of $731,500.00; and (2) authorized issuance of a purchase order to S. Parker Engineering, Inc. for the period of July 1, 2023 throug h June 30, 2024, in an amount not to exceed $365,750.00 pending adoption of the 2023-2025 budget by City Council.
20. Annual Routine Maintenance Program for Sidewalk Grinding Services
(1) Approved Fourth Amendment to the existing contract for the subject services with BPR, Inc., for the period of July 1, 2023 through June 30, 2025 in the amount of $157,500.00; and (2) authorized issuance of a purchase order to BPR, Inc., for the period of July 1, 2023 through June 30, 2024, in an amount not to exceed $78,750.00, pending adoption of the 2023- 2025 budget by City Council.
21. Annual Routine Technical Irrigation Services
(1) Approved Twelfth Amendment to the existing maintenance contract with A.C. Landscape for the subject services for the period of July 1, 2023 through June 30, 2025 in the amount of $653,600.00; and (2) authorized issuance of a purchase order to A.C. Landscape for the period of July 1, 2021 through June 30, 2022, in an amount not to exceed $326,800.00 pending adoption of the 2023-2025 budget by City Council.
22. Graffiti Removal, Steam Cleaning, Painting and Sealing Services - Bonanza Steam Cleaning, Inc.
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(1) Approved Fifth Amendment to the existing maintenance contract with Bonanza Steam Cleaning, Inc for the subject services; and (2) authorized a Change Order to the existing Purchase Order for Bonanza Steam Cleaning, Inc. in an amount not to exceed $30,000.00.
23. Purchase One 2023 Ford Ranger - Replacement Animal Services Vehicle
Awarded a Purchase Agreement for One 2023 Ford Ranger to 72 Hour LLC, DBA National Auto Fleet Group (A23-04) in an amount not to exceed $37,008.00.
24. Annual Routine Janitorial and Related Services at Various Park Sites and Facilities
(1) Approved the Tenth Amendment for the Annual Routine Janitorial and Related Services at Various Park Sites and Facilities contract to Vocational Visions for the period of July 1, 2023 to June 30, 2025 in an amount not to exceed $378,704; and (2) authorized staff to issue a purchase order to Vocational Visions for the period of July 1, 2023 through June 30, 2024 in an amount not to exceed $184,734, pending adoption of the 2023-2025 budget by the City Council.
25. Annual Routine Playground, Parkland, and Facility Infrastructure Maintenance and Repairs
(1) Approved Sixth 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 amou nt not to exceed $59,500.00.
26. Electrical Related Services at City Facilities
(1) Approved the second amendment for David Electric, Inc. for electrical related services at City Facilities; and (2) authorized a change order to the existing purchase order for David Electric, Inc. in an amount not to exceed $30,000.00.
27. Plumbing Related Services at City Facilities
(1) Approved the first amendment to the existing maintenance contract with Santa Margarita Plumbing and Air, Inc., and (2) authorized a Change Order to the existing Purchase Order for Santa Margarita Plumbing and Air, Inc., in an amount not to exceed $40,000.00.
28. 2023 Orange County International Triathlon in Mission Viejo
Approved the request submitted by Gemini Timing to hold the 2023 Orange County International Triathlon in Mission Viejo on Sunday, April 30, 2023.
ITEMS REMOVED FROM THE CONSENT CALENDAR
7. Stranded Heart Sculpture
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Council Member Vasquez pulled the report for discussion. Council Members asked questions and gave comments regarding he place ment of the sculpture. Council Member Bucknum and Vasquez liked the idea of permanent placement of the structure to be at the Norman P. Community Center. Assistant City Manager addressed their questions.
Motion made by Mayor Goodell, seconded by Mayor Pr o Tem Kelley, to a pprove the purchase order amendment in an amount not to exceed $29,975.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
NEW BUSINESS
29. Saddleback Valley Unified School District Youth Services Contract 2023-2025
Director of Recreation and Community Services Mark Nix presented the staff report.
Representatives Tasha Johansen and Brett Brady answered questions from the City Council regarding the Kid’s Factory program.
Motion made by Council Member Ruesch, seconded by Council Member Bucknum, to Approve the Saddleback Valley Unified School District Youth Services Contract (A23- 05) for 2023-2025 in the amount of $142,452 in FY 2023- 2024 and $152,366 in 2024- 2025 as recommended by the Community Services Commission.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
MAYOR’S, COMMISSION, COMMITTEE REPORTS AND ACTIONS
30. Southern California Association of Governments (SCAG) Report Received report from Council Member Bucknum.
31. Orange County Local Agency Formation Commission (LAFCO) Report Council Member Bucknum announced she will have a report at the next meeting.
32. Orange County Housing Finance Trust Report
Received report from Council Member Vasquez.
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COUNCIL MEMBER COMMENTS AND ACTIONS
33. 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 Bucknum
Council Member Bucknum announced there will be a Sober Living Roundtable on Friday March
10. She stated there is legislation at the State level with a bi-partisan approach. She referenced an Orange County Register reporter Teri Sforza on her investigative reporting on this subject.
Council Member Bucknum stated the bottom line is we want to protect the people being treated at these sober homes. She mentioned the amount of snow in the Tahoe area and cautioned drivers.
Lastly, she reminded residents that the City offers filled sandbags for free during the rainy season and the locations are City Hall, Community Center, Animal Shelter, and Alicia Park.
Council Member Ruesch
Council Member Ruesch announced that the Orange County Fire Authority will be hosting an open house this Saturday, March 4 from 10:00 am to 3:00 pm and he encouraged residents stating it is a very cool place. There will be many activities and food. He stated met with Fire Chief Fennessy and toured all three of our fire stations. Council Member Ruesch said that he had the opportunity to visit the Coastal Fire in Laguna Niguel to look at mitigated issues in the back side of Mission Viejo which is similar to the Laguna Niguel area. He announced that in March there will be a Vector Control presentation from the D irector of Orange County Vector. Council Member Ruesch also attended the Mass Shooting & Critical Incident Preparedness Forum . He participated in the Oso Fit 5K in the rain and had a great time. Lastly, he stated he attended the Investment Advisory Commission Meeting and was very impressed with the work that they do and their knowledge.
Council Member Vasquez
Council Member Vasquez stated that she also attended the Mass Shooting & Critical Incident Preparedness Forum and commented that it provided a lot of useful information. She went on a ride along with the Orange County Fire Authority. Council Member Vasque z stated she also attended the Oso Fit 5K which was cold but a lot of fun. She had the opportunity to meet with the Director of Library Services to learn about the programs that are offered, and met with Melanie McGrane at the Community Center to learn more about the senior programs provided.
Mayor Pro Tem Kelley
Mayor Pro Tem Kelley stated that she also attended the Mass Shooting & Critical Incident Preparedness Forum which was held on February 16 with several council members and staff. She attended the Mission Viejo Police Services Academy and complimented Chief McDonald on his
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presentation and was impressed with the participation of our citizens. She commended the staff on the Oso Fit 5K.
Mayor Goodell
Mayor Goodell stated that he also attended the Mass Shooting & Critical Incident Preparedness Forum which provided a lot of good information that he would like to eventually incorporate some of this information with similar training as the Police Services T raining Academy. He said a few years ago he attended the training academy and learned so much about what is going on in our community. He congratulated those that have chosen to participate in this academy. He attended a tour of the Morning Star Senior Living Facility and announced that the grand opening will be Thursday, March 9 at 1:00 pm. He spoke about the marketing efforts for the 2028 Olympics. He stated that he had the opportunity to meet with the director of the Oceania National Olympic Committee Organization which represents various Pacific Countries and gave him a tour of our facilities for training camps for the 2028 Olympics. Mayor Goodell said he has been invited to attend their planning meeting with all those countries present in Brisbane, Australia in the middle of April. He said he is working with the City Manager and staff to e valuate and put together a plan. Lastly, he stated this will be an exciting opportunity for us to lay out the welcome mat in Mission Viejo for our community to get exposed to the Olympic movement and it would also be an economic generator for our businesses.
ADJOURNMENT AT 7:46 PM TO TUESDAY, March 14, 2023, AT 5:00 P.M.
______________________________________
Kimberly Schmitt, City Clerk
Approved at the meeting of March 14, 2023