City Council Minutes 1 March 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*
March 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, California, was called to order by Mayor Goodell at 5:00 p.m., on March 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 March 23, 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
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Rattay; City Attorney William Curley; Human Resources Manager Monique Goetz; Labor Attorney Peter Brown: Employee Organization: Service Employees’ International Union (SEIU)
RECESS TO CLOSED SESSION AND RECONVENE
At the hour of 5:01 pm, Mayor Goodell recessed to Closed Session. The City Council reconvened at 6:02 pm with all City Council Members present.
REPORT OF CLOSED SESSION
City Attorney Bill Curley announced that on both matters the City Council was updated and gave direction to their labor negotiators but no reportable action occurred.
INVOCATION: Tarik Ata from the Orange County Islamic Foundation
PLEDGE OF ALLEGIANCE: Council Member Ruesch
PRESENTATIONS
P1. Presentation by O.C. Human Relations
Received presentation from Charla Batey of the OC Human Relations Council.
PUBLIC COMMENTS
James Farris, M.V.: Voiced concerns with woke-like political direction city staff has gone to. He outlined many problems all over the City and criticized the criminal justice system.
Michelle O’Brien, M.V. Announced that the Elks Lodge will have a booth at the upcoming City’s Earth Day Event.
Ethan Diaz, Coto de Caza; Delanye Giraudi, Rancho Santa Margarita; Sophie Pennell, San Clemente: Spoke on the relevance of a community theater in the City.
Margaret Thilken, M.V.; Tyler Van Der Aart, Ladera Ranch; Octaviano Roges IV, Coto de Caza:
Spoke in support of a community theater in the City.
Joshua Vecchione, M.V.: Commented on the students that spoke prior to him and how delighted he is with them for speaking about their love for theater. He explained how important theater was to him growing up and gave his background in the theater community. He hopes the City Council will consider a theater for the residents.
Irene Vecchione, M.V.: Outlined the many benefits of a community theater in the City. She spoke about the heart of our City and the passion a theater will bring to the community.
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Connie Lanzisera, M.V.: Addressed concerns on the agreement with Venture Strategic specifically that all cities on the task force should share in the cost and asked for a quantifiable approach to the cost for this agreement along with a more detailed description of the work to be done. . Asked that this item be pulled from the Consent Calendar.
Carlos Pianelli, M.V: Spoke on the Value Rock’s potential project and voiced his concerns.
Michael Schlesinger, M.V.: Asked why the City has not completed its 6 th Cycle Housing Element
Plan and asked that the City make this a top priority. He voiced concern s that developers will be able to build new developments without Mission Viejo’s approval.
Cathy Schlicht, M.V.: Voiced her opposition to the agreement with Venture Strategic. Stated that it was not a bid contract and the firm is politically connected and she questioned its ethics. She recapped her report when she was on the City Council and quoted Congressman Dar rell Issa regarding Sober Living Homes. She closed her comments with a heartfelt thank you to Nashville Police Department for their heroic actions yesterday and asked that City Hall be lit with blue lights in support of our police officers.
Robert Breton, M.V: Spoke in support of a community theater and outlined his experience in performing throughout the world and what impact this had on him growing up.
CONSENT CALENDAR
Items 14 and 19 were removed from the Consent Calendar for separate consideration.
Motion made by Mayor Pro Tem Kelley, seconded by Council Member Bucknum, 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 March 14, 2023, as presented.
2. General Check Register Dated March 3, 2023 in the Amount of $646,212.22 Ratified the accompanying check register.
3. General Check Register Dated March 10, 2023 in the Amount of $3,424,321.13 Ratified the accompanying check register.
4. Golf Check Register Dated March 3, 2023 in the Amount of $206,604.61
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Ratified the accompanying check register.
5. Golf Check Register Dated March 10, 2023 in the Amount of $44,209.74 Ratified the accompanying check register.
6. Single Audit Report on Federal Awards for the Fiscal Year Ended June 30,2022 Received and filed the report.
7. Quarterly Financial Report for the City of Mission Viejo -Second Quarter 2022-23 Received and filed the report.
8. Mission Viejo Library Door Modification Project
(1) Awarded a contract to KYA Services, LLC (A23 -10) in an amount not to exceed $115,000.00 for the upgrades to the doors at the Library; and (2) issued a Purchase Order to KYA Services, LLC in an amount not to exceed $115,000.00.
9. Software Licensing Renewal for the Animal Services Center
Approved purchase order to HLP, Inc. in the amount of $35,906.40 for software licensing and support renewal for the Animal Services Center.
10. Renewal of Network Cyber Defense Solution
Approved purchase order to Darktrace in amount not to exceed $39,113.25 for renewal of Enterprise Immune System and Antigena network monitoring and automated cyber defense solution.
11. CUSD Supplemental Joint Facility Use Agreement - Barcelona Hills School and Barcelona Park
Approved CUSD Supplemental Joint Facility Use Agreement (A23 -11) for Barcelona Hills School and Barcelona Park.
12. General Plan Progress Report for 2022
Received and filed the report.
13. Designation of Positions as Authorized Agents to Apply for Federal and State Financial Assistance
(1) Adopted Resolution 23-07 Authorizing Certain Positions to Act as Agents for the Purpose of Obtaining Federal Financial Assistance and/or State Financial Assistance for Federal
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Fiscal Year 2021 as part of the Emergency Management Performance Grant Program; (2) adopted Resolutions 23-08 Authorizing Certain Positions to Act as Agents for the Purpose of Obtaining Federal Financial Assistance and/or State Financial Assistance for Fed eral Fiscal Year 2022 as part of the Emergency Management Performance Grant Program; and (3) adopted Resolution 23-09 a Universal Resolution Authorizing Certain Positions to Act as Agents for the Purpose of Obtaining Federal Financial Assistance and/or Sta te Financial Assistance for a period of three years.
15. Security Guard Services - Civic Core Area Facility
Approved First Amendment to The Green Angels Private Security (A23-12A) in the amount not to exceed $19,400.00.
16. Janitorial and Related Services at City Facilities and Recreation Centers
(1) Approved Ninth Amendment to the existing maintenance contract with Alliance Building Maintenance, LLC; and (2) authorized a Change Order to the existing Purchase Order for Alliance Building Maintenance, LLC, in an amount not to exceed $234,824.00.
17. Professional Services Agreement for Printing and Related Services for the "Mission Viejo Life" Publication
(1) Approved the second amendment to the existing contract with Westamerica Communications for the period through June 30, 2023 to increase contract amount by an amount not to exceed $23,750 for one issue of Mission Viejo Life; and (2) authorized issuance of a purchase order to Westamerica Communications for the period through Ju ne 30, 2023, in an amount not to exceed $23,750.
18. Public Pool and Equipment Room Maintenance Services and Repairs for City Recreation Centers and Aquatic Facilities
(1) Approved the fifth amendment for 1st Choice Pool & Spa Solutions for pool maintenance related services and repairs at city recreation centers; and (2) authorized a change order to the existing purchase order for 1st Choice Pool & Spa Solutions in an amount not to exceed $68,000.00.
ITEMS REMOVED FROM THE CONSENT CALENDAR
14. Purchase Two 2023 Dodge Durango Vehicles - Replacement Animal Services Vehicles
Public Services Director Jerry Hill answered Council Member Ruesch’s questions regarding alternate energy vehicles.
Motion made by Council Member Ruesch, seconded by Council Member Bucknum, to award a purchase agreement for two 2023 Dodge Durango vehicles to 72 Hour LLC, DBA National Auto Fleet Group (A23-12) in an amount not to exceed $91,438.08.
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On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
19. Sober living Task-Force Comprehensive Management Assistance
Council Member Bucknum presented a report.
Motion made by Council Member Bucknum, seconded by Mayor Goodell, to approve the contract with Venture Strategic (A23 -14) in the amount of $38,000 for Comprehensive Management Assistance of the newly formed Sober Living Task-force.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
Council Member Bucknum asked for a Point of Order to address some of the questions that were asked under Public Comments.
Director of Community Development Elaine Lister noted that the City does have an adopted Housing Element and we have rezoned our housing sites by the statutory deadline in 2021. The Housing Element has been our priority. We have submitted to the State twice and received numerous pages of comments. There are numerous new laws to be addressed. She stated that the prior Housing Element Consultant was not making progress with the new laws and requirements.
We have a new consultant on board that his making progress and the document is currently being formatted and we hope to have it to the Commission May or June of t his year and then to the Council thereafter. She answered Mayor Goodell’s question that approximately 19 out of 34 cities in Orange County have not been certified by the State. Council Member Vasquez asked if item #12 was an accurate report of the Housing Element. Director Lister responded that is correct.
NEW BUSINESS
20. Mid-Year Budget Review for FY 2022-2023
Director of Administrative Services Cheryl Dyas presented the staff report.
Robert Breton, M.V.: Spoke on the 2015 Cultural Arts Master Plan that the Council adopted in March of 2015. He asked that the City Council adopt a budget appropriation amendment to pay for the hiring of a qualified consultant in the field of arts facility planning to assess the feasibility, analyze the market, study of costs, funding sources, revenue projections, and location. He suggested the location fields one and two right next to the Orchard Terrace at the Community Center.
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Michael Schlesinger, M.V.: He commented that the mid-year budget report lacked clarity in item 15 regarding the $410,000 increase of legal fees, as well as the $269,000 for the aquatics center and asked for more information. Voiced concerns on the Nadadores expenditures.
Motion made by Council Member Ruesch, seconded by Mayor Pro Tem Kelley, to add $100,000 for a consultant to assess a proposal for a performing arts center and to look for methods to find funding.
Council Member Vasquez asked if there could be more detail on the $410k for legal fees.
City Attorney Curley responded that it does not affect standard normal operating, it is dealing with unique circumstances that the City is finding itself dealing with. He stated all City legal affairs are privileged.
Mayor Kelley asked for more full shade structures for upcoming park renovations.
Council Member Vasquez questioned the natural gas usage at the aquatics center and asked if we can revisit some of the expenses and cost-sharing with the Nadadores.
Mayor Goodell asked if we should put money aside of approximately $300,000 for the Vision Plan for the Oso Creek Golf Course. He asked if Council Member Ruesch would amend his motion.
Council Member Ruesch amended the motion as follows:
Motion made by Council Member Ruesch, seconded by Mayor Pro Tem Kelley, to (1) adopt Resolution 23-10 Amending the FY 2022- 23 Budget for Adjustments to Certain Revenue Sources and Operating and Capital Improvement Program Appropriations, with the addition of $100,000 for a consultant to assess a proposal for a performing arts center in the City and $300,000 for the continuation of the Golf Course and Open Space Vision Plan; and (2) adopt Resolution 23-11 Amending the City's Salary Schedule to be Effective April 1, 2023
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
MAYOR’S, COMMISSION, AND COMMITTEE REPORTS AND ACTIONS
21. Southern California Association of Governments (SCAG) Report
Received report from Council Member Bucknum.
22. Orange County Fire Authority (OCFA) Report
Received report from Council Member Ruesch.
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23. Southern Orange County Watershed Management Area (SOCWMA) Report
Received report from Council Member Vasquez.
24. Transportation Corridor Agencies (TCA) Report
Received report from Mayor Pro Tem Kelley.
25. Orange County Transportation Authority (OCTA) Report
Received report from Mayor Goodell.
26. Appointment of City Commission Members
Council Members made nominations and the Council voted on the appointments as follows:
Community Services Commission
Motion made by Mayor Goodell, seconded by Mayor Pro Tem Kelley to appoint Victoria Avery and Gary Magill as a senior appointee.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
Motion made by Mayor Pro Tem Kelley, seconded by Mayor Goodell, to appoint Pam Smith and Cathy Allen as a senior appointee.
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 Bucknum, seconded by Mayor Pro Tem Kelley, to appoint Steven Thornton.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
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Motion made by Council Member Ruesch, seconded by Mayor Pro Tem Kelley to appoint Tricia Gonsowski.
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 Vasquez, seconded by Mayor Pro Tem Kelley to appoint Josh Vecchione.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
Investment Advisory Commission
Motion made by Mayor Goodell, seconded by Mayor Pro Tem Kelley to appoint Arthur Levine.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
Motion made by Mayor Pro Tem Kelley, seconded by Council Member Bucknum, to appoint Ed Rosenblatt.
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 Bucknum, seconded by Mayor Pro Tem Kelley, to appoint Brian Magnone.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
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Council Member Ruesch and Council Member Vasquez were not ready to make their appointments at this meeting.
Planning and Transportation Commission
Motion made by Mayor Goodell, seconded by Council Member Bucknum, to appoint Joseph Blum.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
Motion made by Mayor Pro Tem Kelley, seconded by Council Member Ruesch to appoint Robert Breton.
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 Bucknum , seconded by Council Member Ruesch, to appoint Peter Molinari.
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 Ruesch , seconded by Mayor Goodell, to appoint Gary Disney.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
Council Member Vasquez was not ready to make her appointment at this meeting.
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CITY ATTORNEY REPORTS
27. City of Mission Viejo Participation in and Lead Role in Managing the Cities Collaborative Amicus Brief Participation in the City of Costa Mesa’s Petition to the U.S. Supreme Court
City Attorney Bill Curley presented the report.
Linn Hillman, M.V.: Asked what the City’s position is on the Amicus Brief . She feels we have an obligation to those that have less ability to live their lives well to take care of them.
It is her belief that the State is pushing this so that City’s take responsibility for those less fortunate.
Motion made by Mayor Pro Tem Kelley, seconded by Council Member Bucknum, to authorize participation in and management of the amicus brief, from cities, in support of the petition of the City of Costa Mesa.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
COUNCIL MEMBER COMMENTS AND ACTIONS
28. 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 encouraged residents to attend the many events at the Paseo on the third Saturday of each month. She spoke to the Board of Directors of the South Orange Country Economic Coalition at Providence Mission Hospital. She spoke on the tragedy in Nashville and announced there is a national pray vigil tomorrow night at 7:00 pm. Council Member Bucknum thanked law en forcement for keeping our community safe by working with our schools and churches.
Council Member Ruesch
Council Member Ruesch outlined his events attended: Chamber Quad Mixer, Chamber Daybreakers, US Army Ribbon Cutting, School of Rock, Dr. Mammone Memorial, the Olympic Presentation by Mayor Goodell, and the Orange County Fire Authority large animal demonstration. He suggested that when the Investment Advisory Commission meets that they
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review the banks that our investments are in and give us input on possibilities of how our investments as far as returns may or may not change and that they report back the City Council.
Council Member Vasquez
Council Member Vasquez said she has been busy with meetings and ride-a-longs. She announced that her younger daughter Helena just turned 7 and came in fourth place at her end of session Strategic Kids Chess Tournament. She spoke about going to Los Angeles w ith her husband’s family to sign a sacred book containing over 125,000 Japanese Americans that were incarcerated in the camps during World War II which included her father -in-law, her husband’s grandfather and aunt and her mother -in-law’s best friend that recently passed away. She talked about a very famous photograph that a family friend and her father -in-law were in. Council Member Vasquez explained that her Sister-in-law won an Emmy in 2022 for a mini documentary called Three Boys Manzanar. She said it was a very moving experience and the goal of this book is to remember all of the people that were interned during this time and not to forget this very important time in our history. The book contains special ceramic pieces made from the soil collected f rom each of the seventy-five incarceration sights and it is available for anyone to stamp. She went on a ride-a-long with Deputy Cole. Lastly, she mentioned that her daughter Helena attended a Girl Scout International Fair where different troops represent a different country with food from that country.
The Daisy Troop her daughter is in got to purchase the different foods.
Mayor Pro Tem Kelley
Mayor Pro Tem Kelley suggested that the City create a page on the City’s website that would keep the residents informed about the Garden Plaza. She said she has received many questions on this and would find that this to be helpful in transparency so the public has the ability to be informed.
Mayor Pro Tem Kelley also asked if staff could report at the next meeting on AB 2011 and SB 6.
She highlighted events attended: The Memorial for Dr. Michael Mammone, and the Ribbon Cutting for the U.S. Army Center. She a nnounced that Mission Viejo has been recognized as 8 th
Safest City in California.
Mayor Goodell
Mayor Goodell thanked his colleagues for covering the many events throughout the City. He mentioned that this past Sunday there was a really nice turnout for the Mayor’s presentation “Mission Viejo and the Olympics: Past, Present and Future”. He stated that it was recorded and encouraged residents to watch on the City’s website.
ADJOURNMENT AT 9:17 PM TO TUESDAY, APRIL 11, 2023, AT 5:00 P.M.
______________________________________
Kimberly Schmitt, City Clerk
Approved at the meeting of April11, 2023