City Council Minutes 1 March 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*
March 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 March 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 March 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
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
Cheryl Dyas, Director of Administrative Services
Kimberly Schmitt, City Clerk
Renata Winter, Assistant City Clerk
CLOSED SESSION
CS1. Labor Negotiations - The Council Will Provide Direction to its Labor Negotiator Pursuant to Government Code Section 54957 and 54957. 6. The Parties to the Negotiations Are the City and City’s Unrepresented Employees. The City’s Negotiator is Dennis Wilberg.
CS2. 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; Human Resources Manager Monique Goetz;
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Labor Attorney Peter Brown: Employee Organization: Service Employees’ International Union (SEIU)
CS3. Conference with Legal Counsel - Pending Litigation: Schlesinger v. Mission Viejo, OCSC Case No. 30-2022-01253878-CU-WM-CJC
Cathy Schlicht, M.V.: She addressed both CS3 and CS4 together. Stated Public Office is a public trust and that the City Attorney’s comment s from the February 28 Council Meeting was a distraction. The five -year Election episode is based on misinterpretations , manipul ations, misinformation, and coverups of the truth. She stressed that the process was crafted for a desired outcome favoring Council Members. She outlined past actions taken by the City Attorney.
CS4. Conference with Legal Counsel - Pending Litigation: People ex. rel. Schlesinger v.
Sachs, et. al., OCSC No. 30-2022-01262431-CU-JR-CJC
RECESS TO CLOSED SESSION AND RECONVENE
At the hour of 5:05 p.m., Mayor Goodell recessed the meeting the Closed Session. The City Council reconvened at 6:16 p.m. with all City Council Members present.
REPORT OF CLOSED SESSION
City Attorney Curley announced that there were four closed session items, Council gave direction but no reportable action was taken.
INVOCATION: Mayor Goodell
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Kelley
PRESENTATIONS
P1. Recognize World War II Veteran Sergeant William Simonoff
The Mayor presented a certificate of recognition along with Congresswoman Young Kim, Maia Meunier from Senator Catherine Blakespear’s Office, Anne Figueroa from Assembly Member Kate Sanchez’ Office, and Orange County Board of Supervisor Don Wagner.
PUBLIC COMMENTS
Cal Leonard, M.V., Shaina Leonard, M.V., and Elle Leonard, M.V.: Thanked the City Council for the LED lights at the ballfields.
Karen Williams, Capistrano Beach: Outlined the services 2-1-1 Orange County provides to cities in Orange County.
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Greg Raths, M.V.: Spoke about the Rotary Club in Mission Viejo and announced the Chile Cook- off on June 24 from 11:00 am to 4:00 pm at the Community Center. He invited the City Council and staff and thanked the City for assisting in this event.
Peggy O’Neill, M.V.: Spoke against Mayor Goodell attending the Oceania National Oly mpic Committee’s General Assembly and asked what benefit this is to the tax-payers.
Michael Schlesinger, M.V.: Questioned the use the balance of COVID relief funds and money from reserves to c onstruct the Corp Yard Administration Building. He suggests to postpone any actions of the Core Vision Plan until there is a final determination of Judge Shwarm’s August 31 ruling.
Walt Lawson, M.V.: Commented on the City Attorney’s comments from the February 28 City Council Meeting. He criticized the City Attorney on the handling of legal matters.
Andy Steen, M.V.: Echoed the statements from the Leonard Family and thanked the City Council and staff on the LED lights at the ballfields.
Cathy Schlicht, M.V.: She stated that the City Attorney’s Public comments from the February 28 meeting was nothing more than a distraction from public comments made at that meeting. She recapped the email she sent to the Council earlier in the day and criticized the City Attorney.
Robert Breton, M.V.: Spoke on a Cultural Ar ts Master Plan which is on the city’s website at https://cityofmissionviejo.org/departments/arts-culture/about/mission-vision He stated that now
is the time to build a performing arts center in the City, that will grant numerous opportunities for our City.
Saga Conroy, M.V.: Spoke on behalf of Supervisor Don Wagner and herself to express appreciation for the Oso Fit 5k Fun Run and complimented staff on their work on this event in spite of the rain.
CONSENT CALENDAR
Motion made by Council Member Bucknum, seconded by Council Member Ruesch, 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.
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2. General Check Register Dated February 17, 2023 in the Amount of $883,661.71 Ratified he accompanying check register.
3. General Check Register Dated February 24, 2023 in the Amount of $1,119,000.31 Ratified the accompanying check register.
4. Golf Check Register Dated February 17, 2023 in the Amount of $203,496.18 Ratified the accompanying check register.
5. Golf Check Register Dated February 24, 2023 in the Amount of $14,729.44 Ratified the accompanying check register.
6. City Treasurer’s Monthly Report for January 2023
Received and filed.
7. Successor Agency of the Community Development Agency Treasurer’s Monthly Report for January 2023
Received and filed.
8. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for January 2023
Received and filed.
9. Mission Viejo Housing Authority (MVHA) Treasurer’s Monthly Report for January 2023
Received and filed.
10. Mission Viejo Trash and Runoff Abatement Project (TRAP) - 2023 Measure M2 ECP Grant Application
Adopted Resolution 23 -05 Authorizing an Application for Funds for the Environmental Cleanup, Tier 1 Grant Program Under Orange County Local Transportation Ordinance No. 3 for the Mission Viejo Trash and Runoff Abatement Projects.
11. Air Conditioning, Ice Machine, and Kitchen Refrigeration Services at City Facilities
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(1) Approved the first amendment for Economy Air Conditioning, Inc. for air conditioning repairs and related services at City Facilities; and (2) authorized a change order to the existing purchase order for Economy Air Conditioning, Inc. in an amount not to exceed $20,000.00.
12. Heating, Ventilation and Air Conditioning Related Services at City Facilities
(1) Approved the second amendment for South Coast Mechanical, LLC for HVAC related services at City Facilities; and (2) authorized a change order to the existing purchase order for South Coast Mechanical, LLC in an amount not to exceed $25,000.00.
13. Graffiti Removal, Steam Cleaning, Painting and Sealing Services Contract
(1) Approved Sixth Amendment to the existing contract for the subject services with Bonanza Steam Cleaning, Inc. for the period July 1, 2023 through June 30, 2025 to increase the contract amount by an amount not to exceed $168,000.00; and (2) authorize staff to issue a purchase order to Bonanza Steam Cleaning Services, Inc. for the period July 1, 2023 through June 30, 2024 in an amount not to e xceed $84,000.00, pending adoption of the 2023- 2025 budget by City Council.
14. Annual Maintenance Program for the Repair and Reconstruction of Streets, Drainage Channels, Storm Drains, Slopes, Emergency Response and Heavy Equipment.
(1) Approved Eleventh Amendment to the existing contract for the subject services to Bistline Engineering, Inc. for the period of July 1, 2023 through June 30, 2025 in the amount of $163,280.00; and (2) authorized issuance of a purchase order to Bistline Engineering, Inc. for the period of July 1, 2023 through June 30, 2024 in an amount not to exceed $81,640.00 pending adoption of the 2023-2025 budget by City Council
15. Playground, Parkland, and Facilities Safety Inspection Services
(1) Approved Second Amendment to the existing contract for the subject services with Jamey Clark, Inc. for the period July 1, 2023 through June 30, 2025 to increase the contract amount by an amount not to exceed $698,916.80; and (2) authorized staff to issue a purchase order to Jamey Clark, Inc. for the period July 1, 2023 through June 30, 2024 in an amount not to exceed $349,458.40, pending adoption of the 2023-2025 budget by City Council.
16. Annual Routine Playground, Parkland, and Facility Infrastructure Maintenance and Repairs
(1) Approved Second Amendment to the existing contract with Jamey Clark, Inc., for the period of July 1, 2023 through June 30, 2025 in the amount of $867,782.00; and (2) authorized issuance of a purchase order to Jamey Clark, Inc., for the period of July 1, 2023 through June 30, 2024, in an amount not to exceed $433,891.00, pending adoption of the 2023-2025 budget by City Council.
17. Annual Routine Landscape Rodent Pest Control - Contract Areas 1 and 2
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(1) Approved the Second Amendments for both Contract Area 1 and Contract Area 2 for the subject service to Agricultural Pest Control Services for the period of July 1, 2023, to June 30, 2025, in an amount of $76,959.00 for Area 1 and an amount of $42,136.20 for area 2; and (2) authorized issuance of a purchase orders to Agricultural Pest Control Services for the period of July 1, 2023, to June 30, 2024, in an amount not to exceed of $38,479.50 for Area 1 and in an amount not to exceed of $21,068.10 for Area 2 pending adoption of the 2023 - 2025 budget by City Council.
OLD BUSINESS
18. Oso Creek Water Reclamation Plant Facility Cost Sharing Agreement by and between City of Mission Viejo and Santa Margarita Water District for the Construction of the Corp Yard Administration/Storage Building
Assistant City Manager Keith Rattay presented the staff report.
Peggy O’Neill, M.V.: Stated that this project has to do with the Core Vision Plan and pointed out that this is excessive spending. She feels that the residents were not made aware of this project and did not have an opportunity to comment and give their input. She suggested that the Council present this first to the Planning Commission and the public to provide input and to stop spending taxpayer funds and to be more transparent.
Walt Lawson, M.V.: Questioned that the access to this new barn ha s triggered higher costs than necessary and suggested building the Corp Yard on the existing pad and access road.
Asked what funds will used to pay for additional site preparation costs and how this project fits into the cost of the whole Core Vision Plan. He voiced concern over the total plan and costs and suggested that a comprehensive report on the costs be published for residents to view.
Cathy Schlicht, M.V.: Questioned the twelve -million-dollar transfer of funds to the Santa Margarita Water District and asked why this wasn’t explained to the public prior to the report in January 2023. She expressed concern over why the City would use taxpayer dollars to build infrastructure on land that is not owned by the City and suggested that the water district deed over the land to the City and the lease back to them. She questioned when the Council authorized staff to negotiate this foolish deal and asked how this was going to be funded.
Santa Margarita Water District General Manager Dan Ferons addressed the Council and answered questions of the Council.
Council Members asked various questions of staff. Council Member Vasquez stated that she is all for the Corp. Yard and understands the importance. Her concern is the cost for the site work and suggested we slow down and get more public input.
Motion made by Council Member Bucknum, seconded by Mayor Pro Tem Kelley, to approve (1) the Oso Creek Water Reclamation Plant Facility Cost Sharing Agreement by and between City of Mission Viejo and Santa Margarita Water District for the construction of the Corp Yard Administration/Storage Building; and (2) approve Resolution 23- 06
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Authorizing an Appropriation for the Oso Creek Water Reclamation Plant Facility Cost Sharing Agreement; and (3) authorize the City to issue a deposit check to the Santa Margarita Water District in an amount not to exceed $1,000,000.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, and Ruesch
NOES: Vasquez
ABSENT: None
MAYOR’S, COMMISSION, AND COMMITTEE REPORTS AND ACTIONS
19. Orange County Local Agency Formation Commission (LAFCO) Report Received report from Council Member Bucknum.
CITY MANAGER REPORTS
20. Urban Land Institute (ULI) 2007 Technical Advisory Panel report for the Mission Viejo Village Center
Director of Community Development Elaine Lister presented the staff report.
Tom Moore, M.V.: He commented on the 2007 study by the Urban Land Institute and supports most of the findings in the report. He stated that it makes sense to use the existing Stein Mart property for a theater.
By consensus the City Council received report.
CITY ATTORNEY REPORTS
City Attorney Curley updated that the appeal is moving forward and all is good in legal land at the moment.
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 Bucknum
Council Member Bucknum mentioned she went to the 3
rd Annual Conrad Reuland Pickleball
Tournament to raise money for Donate Life. Conrad Reuland passed away at a young age and he
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impacted 75 people with organ donations. She thanked Community Services Supervisor Dave Borelli that leads this event. She attended the Pacific Symphony Music Concert which was held at the Community Center and attended the grand opening of the Morning Star Senior Living Facility. Council Member Bucknum announced there was another Southern Cali fornia Sober Living and Recovery Task Force meeting and explained that multiple senators, assemblyman, and multiple cities are becoming interested. She stated that legislation was discussed and a partnership with the Association of California Cities Orange County who will advocate an ordinance for all cities. she stated she attended the Nowruz Spring Festival & Bazaar at the Norman P. Murray Center which has become extremely for accommodating such a large crowd. She announced that Orange County Council of Governments is hosting an even on March 23 at the Nixon Library and she will be a moderator at a session called Cultivating Collaboration Working Together to Transform Housing. Lastly, she encouraged residents to frequent the businesses in Mission Viejo for St. Patrick’s Day.
Council Member Ruesch
Council Member Ruesch wished his wife a Happy Birthday. He attended the Conrad Reuland Charity Event, the Pacific Symphony Quintet, Orange County Fire Authority Open House, and the grand opening of the Morning Star Senior Living facility. Council Member Ruesch stated that last week he was in Sacramento with the Association of California Cities – Orange County (ACCOC) learning and meeting Assembly Members along with the State Controller. The big emphasis was regarding local control and trying to convince Sacramento that the best method to get things done are with local control. He outlined how the state budget is spent and the deficit the State is facing.
The State made it very clear that if they can’t find ways to fill that shortfall, they are going to look to the cities. He voiced concern that the State want s to attack Proposition 13, looking to reduce voter approval from two -thirds to fifty -five percent, a mile travel tax, and a single -use tax. He stated that issues that are under review are universal kindergarten and childcare, affordable housing, ADU’s and better mortgage programs for first-time buyers. Homelessness and different forms of housing was discussed. Council Member Ruesch said that the State is c laiming Orange County of dragging their feet for the housing elements and Sacramento wants mixed-use housing that they fell will offset the loss of commercial property . He stated that Lake Forest and Laguna Beach have approved Housing Elements. He recapped the infrastructure of the State and the desire of the governor pushing an all-electric State which has problems with the lack of charging stations throughout the State. He mentioned that municipalities may get exemptions around the all-electric mandates and the State understands that the transmission lines need to be expanded. He also spoke on the water issues within the State, mental health issues, public safety and crime. Lastly, he spoke about the bullet train and the City of Fresno that has concrete pillars that if the project is not completed they were told to think of the pillars as concrete art.
Council Member Vasquez
Council Member Vasquez announced that she attended the South O.C. Watershed meeting last week and she will have a report at the next City Council meeting. She also attended the traffic committee meeting on March 3 to accompany some of the residents that had contacted her with concerns of certain intersections that they felt were unsafe. An additional crossing guard near Bathgate Elementary School was provided. Lastly, she indicated that she took her oldest daughter to a volleyball tournament in Las Vegas this past weekend and had a lot of fun.
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Mayor Pro Tem Kelley
Mayor Pro Tem Kelley attended the Conrad Reuland Charity Event and indicated it was very well done and it was great to hear the memories of Conrad Reuland on what an exceptional young man he was and the 75 lives he was able to touch through his death with organ donations. She stated she attended the Nowruz Spring Festival & Bazaar at the Norman P. Murray Center. She explained that Nowruz is the Persian New Year. The Executive Director of the Iranian American Chamber of Commerce Shani Moslehi organized this event and was very complimentary staff member Marcello Dario and his staff for all their help with the event. Mayor Pro Tem Kelley displayed the gift of thanks that was given to the City for the use of our facility.
Mayor Goodell
22. City Representation at the Oceania National Olympic Committee’s General Assembly in Brisbane, Australia
Mayor Goodell presented his report.
Walt Lawson, M.V.: Voiced concerns and questioned the cost for this trip. Asked if this had been budgeted in the current budget. He asked if there was other ways to fund this and to postpone this item to a later meeting so more questions could be answered.
Cathy Schlicht, M.V.: Stated that this is an example of a poorly run government that is out for their personal agendas and special interests. She questioned the legality of the Olympic Committee in regards to the Brown Act. She also suggested sponsors should be found to pay for this.
Robert Breton, M.V.: He supports that Mayor Goodell and Greg Harney be authorized to represent the City. He stressed that Mission Viejo will be able to show the world where Olympians are born, come to train, and dare to dream and begin their quest for gold.
Doug Zielasko, M.V.: He said ditto to what Bob Breton just said. He stated that this will bring great potential and a golden opportunity to our business community. He supports that the Mayor go to Australia to advance our efforts to secure an agreement for training Olympic athletes.
Allan Gallup, M.V.: Stated he is fiscally conservative, but on this point a broader perspective has been presented about the cost benefit of this to the community. He is in support to reach into the co mmunity for a grass roots effort to deepen the partnership with between the residents, staff and the elected officials.
Nadadores Executive Director and former Olympian Michelle Mitchell answered various questions from Council Members.
Council Members provided their input.
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Motion made by Council Member Ruesch, seconded by Council Member Bucknum, to Approve Mayor Goodell to attend and represent the City at the Oceania National Olympic Committee's General Assembly.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
ADJOURNMENT AT 9:41 PM TO TUESDAY, March 28, 2023, AT 5:00 P.M.
______________________________________
Kimberly Schmitt, City Clerk
Approved at the meeting of March 28, 2023