City Council Minutes 1 April 25, 2023
MISSION VIEJO MINUTES
City Council, Community Development Financing Authority, Successor Agency of the Community Development Agency,
Housing Authority, and Library Board of Trustees*
April 25, 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 Pro Tem Kelley at 5:02 p.m., on April 25, 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 April 20, 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 (arrived at 5:02pm)
Council Member Ruesch
Council Member Vasquez
Mayor Pro Tem Kelley
Mayor Goodell (arrived at 5:03pm)
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 legal Counsel: Threat to Public Services or Facilities; Consultation with City Attorney and Director of Information Technology David Meyer
RECESS TO CLOSED SESSION AND RECONVENE
At the hour of 5:03p.m., Mayor Goodell recessed the meeting to Closed Session. The City Council reconvened at 6:07p.m. with all five City Council Members present.
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REPORT OF CLOSED SESSION
City Attorney Bill Curley announced that the City Council reviewed some security issues b ut nothing disclosable to report.
INVOCATION: Mayor Pro Tem Kelley
PLEDGE OF ALLEGIANCE: Council Member Vasquez
PRESENTATIONS
P1. Presentation to the City Council from Supervisor Don Wagner Received presentation from Supervisor Don Wagner.
P2. Proclamation April 29th as World Wish Day in the City of Mission Viejo
Mayor Goodell presented the proclamation to Karen Lindgren a volunteer at Make -A-Wish Orange County and the Inland Empire.
P3. Presentation of the Core Area Vision Plan and Launch of the Community Communication Campaign
Received presentation from Assistant City Manager Keith Rattay.
PUBLIC COMMENTS
The following spoke on the outstanding presentation and in favor of the Core Area Vision Plan and Launch of the Community Campaign; Andy Steen, M.V., Sara Vandenbrock, Rancho Mission Viejo, Nancy Silver, M.V., Greg Silver, M.V., Tom Ross , M.V., Eric Chastain, M.V., and Larry Ryan, M.V.
Eric Cernich, Newport Beach: C omplemented Mr. Rattay on a phenomenal presentation. Stated he owns Trader Joe ’s and Party City, and is also a real estate developer. He mentioned that in 2015 he brought a plan to redevelop the center to the City Council, and they turned down his concept. Added that he is happy to hear the City is open to public/private partnership, and would be interested in working together with the City on this project. Lastly, he requested a copy of the City’s CC&R’s and of the easement for the City’s use of the trial on his property.
Wade Weiman, M.V.: Stated he’s with “The Patio” in the center, and listed the four retail stores.
He commended Keith on his presentation. He shared concerns of the CC&R’s not being followed by the City and parking issues during the Farmers Market. He stated that a committee was formed with some parcel owners and city staff. He concluded by stating he was not aware of this presentation and asked for better communication going forward.
Mindy Geller , M.V.: Complemented Keith on a gre at presentation and concept, however she voiced concerns related to parking . She represents “The Patio” and mentioned there is no
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discussion on parking, which is a major problem. She stated better communication is needed with the owners. She requested to see the traffic study which she feels it is not accurate if performed during COVID. Lastly, she mentioned cost needs to be shared with residents as this is not a cheap investment.
City Attorney Bill Curley addressed some of the comments pertaining to the CC&R’s, and stated that the City studied them carefully. He clarified that Ms. Kronick’s attorney approached the City and together they have been working on a pending Management Agreement, and new and revised CC&R’s. Finally, he added that an upcoming meeting has been postponed by the property owners until the Agreement is finalized.
Tom Moore, M.V.: Complemented Keith on a great presentation. Spoke in favor of the Core Area Vision Plan.
Carlos Pianelli, M.V.: Stated he represents Stopthemonster.org. Complemented Keith on a great presentation. Gave an update on his second meeting with AvalonBay, and stated he is losing trust with AvalonBay and Value Rock as he is getting mixed messages . He met with Development Consultant Timothy Grizzell at Garden Plaza, who mentioned they are only interested in building apartments, plus other buildings for busines ses and not offering any housing for low income families.
Stacy Holmes, M.V.: Was happy to hear the presentation by Supervisor Don Wagner. However, he voiced his concern over safety at Mission Viejo schools, meetings, concerts , etc. He referred to a personal experience, over 25 years ago, of a school that had strict security measures in place and concluded by saying, the time has come for our city to harden its perimeter.
Michelle O’Brien, M.V.: Shared that in March the Elks Lodge #2444, donated $24,200 to various organizations, and announced their upcoming Inaugural Ball on April 29. She thanked the city for hosting a great Earth/Arbor Day. And lastly, she thanked Council Member Bucknum for placing item #20 on this evening’s agenda.
Christopher Hammer, M.V.: A ddressed his concerns regarding Los Osos, Oso Creek and Core Area Vision Plan. He voiced concerns on wildlife and requested an environmental impact report and for the City to conduct a nature study. Lastly, he spoke in favor of licensing for E-Bikes.
CONSENT CALENDAR
Items 9, 10, 11 and 12 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
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1. City Council Minutes
Approved the regular City Council Minutes for he Meeting of April 11, 2023, as presented.
2. General Check Register Dated March 31, 2023 in the Amount of $172,062.03 Ratified the accompanying check register.
3. General Check Register Dated April 7, 2023 in the Amount of $4,010,786.02 Ratified the accompanying check register.
4. Golf Check Register Dated March 31, 2023 in the Amount of $10,497.99 Ratified the accompanying check register.
5. Golf Check Register Dated April 7, 2023 in the Amount of $212,303.87 Ratified the accompanying check register.
6. Renewal of Email Security Solution
Approved purchase order to Optiv Security Inc. in amount not to exceed $32,696.56 for ProofPoint Email Security Solution and Support.
7. Renewal of Managed Detection and Response Security Services
Approved purchase order to Nth Generation in amount not to exceed $83,020.69 for annual renewal of Arctic Wolf Managed Detection and Response security services.
8. Annual Maintenance Program for Pool Maintenance Related Services at City Facilities
(1) Approved Sixth Amendment to the existing pool maintenance contract with 1st Choice Pool & Spa Solutions for the subject services for the period of July 1, 2023 through June 30, 2025 in the amount of $526,943.68; and (2) authorized issuance of a purchase order to 1st Choice Pool & Spa Solutions fo r the period of July 1, 2023 through June 30, 2024, in an amount not to exceed $263,471.84 pending adoption of the 2023 -2025 budget by City Council.
13. Water Proofing and Repairs to the Roof at The Mission Viejo Library - (CIP 335)
Approved the Plans and Specifications and authorize staff to advertise for bids for (CIP 335) - Water Proofing and Repairs to the Roof at The Mission Viejo Library.
ITEMS REMOVED FROM THE CONSENT CALENDAR
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9. Purchase (1) Electric Vehicle - Replacement City Carpool Vehicle
Public Services Director Jerry Hill answered Council Member Vasquez’s questions.
Motion made by Mayor Pro Tem Kelley, seconded by Council Member Bucknum, to authorize the City Manager to issue a Purchase Order for an Electric Vehicle in an amount not to exceed $37,000.00.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
10. Annual Routine Monthly Landscape Maintenance - Contract Area 9
Public Services Director Jerry Hill answered Council Member Vasquez’s questions.
Motion made by Council Member Vasquez, seconded by Mayor Pro Tem Kelley, to (1) approve Eighth Amendment to the existing maintenance contract with Landscape West Management Services, Inc; (2) authorize a Change Order to the existing Purchase Order for Landscape West Management Services, Inc. in an amount not to exceed $14,964.00.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
11. Annual Road and Flood Control Maintenance Contract
Public Services Director Jerry Hill answered Council Member Vasquez’s questions.
Motion made by Council Member Vasquez, seconded by Mayor Pro Tem Kelley, to (1) approve Second Amendment, County Agreement # MA -080-23010587, with the County of Orange for the period July 1, 2023 through June 30, 2025 in the amount of $2,255,254.00; and (2) authorize issuance of a purchase order to the County of Orange for the period of July 1, 2023 through June 30, 2024 in an amount not to exceed $1,127,627.00, pending adoption of the 2023-2025 budget by City Council.
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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12. Purchase of One (1) Replacement Vehicle for Mission Viejo Police Services
Emergency Preparedness Manager Paul Catsimanes answered Council Member Ruesch ’s questions.
Motion made by Council Member Ruesch, seconded by Council Member Bucknum, to authorize the City Manager to Purchase a Replacement Vehicle for Mission Police Services in an Amount not to exceed $56,000.00.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
NEW BUSINESS
14. FY 2023-2025 Proposed CIP Budget
Administrative Services Manager Susan Knudson presented the staff report.
By consensus the City Council received the report.
15. Professional Services Agreement for Planning Services to Develop Objective Design Standards for New Residential Development
Planning and Economic Development Manager Jennifer Lowe presented the staff report.
Carlos Pianelli , M.V: S tated the Council’s leadership protected the City last year , and mentioned the upcoming anniversary of May 10, and that the Council is protecting the City again this year. He added that July 2 marks the implementation of new housing laws , and asked if by authorizing a consultant, is the City protected or can someone come in and hinder the Core Area Vision Plan. Lastly, he asked if it is possible to place Olympic rings in the Core Area.
Council Members asked various questions of staff and the City Attorney.
Motion made by Mayor Pro Tem Kelley, seconded by Council Member Bucknum, to authorize (1) authorize the City Manager to negotiate an agreement not to exceed $150,000 for Development of Objective Design Standards for New Residential Development; and (2) adopt Resolution 23-14 Amending the FY 2022/2023 Advanced Planning Budget.
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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MAYOR’S, COMMISSION, COMMITTEE REPORTS AND ACTIONS
Item taken out of order
Council Member Bucknum
20. Opposition of AB 1078 (Corey Jackson 2023) -Pertaining to the Removal of Local Authority from School Boards
Council Member Bucknum spoke on the letter of opposition, the removal of local decision making from local government entities to determine what the best policy is for their local school districts.
Council Member Vasquez stated that she is currently a parent of children in Mission Viejo schools, and this opposition puts people squarely against teachers. She added she is all for local control, but feels like this is an attack on teachers and administrators who get paid very little for such a vital profession. Furthermore, Council Member Vasquez stated this is a School District issue and not a municipal one, and as such , it distracts from important work the city should be focusing on.
Robert Breton, M.V.: Thanked Council Member Bucknum for bringing this vital issue to the Councils attention. He spoke in opposition to AB 1078, how this is just another attempt for Sacramento to strip away from cities and School Boards the right to determine their own fate, how it must be stopped, and that he fully supports the Council sending the letter of opposition.
Motion made by Council Member Bucknum, seconded by Mayor Pro Tem Kelley, to approve sending a letter of opposition.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, and Ruesch
NOES: Vasquez
ABSENT: None
16. Southern California Association of Governments (SCAG) Report Received report from Council Member Bucknum.
17. Orange County Local Agency Formation Commission (LAFCO) Report Received report from Council Member Bucknum.
CITY MANAGER REPORT
18. Discussion on City Issued E-BIKE license Plates
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Chief of Police Chris McDonald presented the staff report.
Linda Shepard, M.V .: Suggested working with bike stores and school s regarding E -Bike safety. S he supports safety training for youth and their parents , and a pproves of having a bike license. She also spoke in support of opposing AB 1078. Lastly, she mentioned that as of January 1, 2023, SB 107 passed providing refuge for trans kids and their families.
Council Members asked various questions of staff and Chief of Police Chris McDonald.
COUNCIL MEMBER COMMENTS AND ACTIONS
19. 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 outlined the events she attended; SCAG Legislative Summit, Earth Day/Arbor Day and gave kudos to all that attended as they ran out of plants, National Prescription Day, she thanked OCSD and volunteers, Multicultural Medley Event. She gave a special shout out to the Capo Mariachi Band and kudos to all who put the event on. Council Member Bucknum also recognized and congratulated Kimberly Schmitt, for receiving the City Clerk of the Year Award for the State of California.
Council Member Ruesch
Council Member Ruesch stated that Council Member Bucknum covered the incredible Multicultural Medley Event and the that North Paseo events just keep getting better. He added that he also attends the Chamber of Commerce Daybreakers Meetings on a regular basis. Council Member Ruesch mentioned that last week the OCFA invited him to attend the AirEx 2023 event at John Wayne Airport, a simulated aircraft accident with passengers. This drill took eight months of preparation, and was incredibly organized engaging all resources in South County. Lastly, he confirmed that after Lora Young’s (Director of Vector Control) update on mosquitos at the l ast Council Meeting, that Mission Viejo has been selected as one of two test areas to see if sterile insect control actually works.
Council Member Vasquez
Council Member Vasquez announced that she attended Senator Catherine Blakespear’s Leadership Roundtable, as did Mayor Goodell and Mayor Pro Tem Kelley. She found it very productive, and added that everyone is on the same page when it comes to local control on housing. She also attended Earth Day/Arbor Day with her family, the Multicultural Medley Event and commented on the awesome Mariachi Band, and lastly the National Prescription Day. To conclude, Council Member Vasquez said that her eldest daughter came home from school today and mentioned that
City Council Minutes 9 April 25, 2023
she and her fellow students would like to hear more about the w ater treatment plant at Council Meetings.
Mayor Pro Tem Kelley
Mayor Pro Tem Kelley gave a huge congratulations to Kimberly Schmitt for being recognized as City Clerk of the Year for the State of California. She added it was quite a year and Kim handled everything with confidence, professionalism and a smile, and is much appreciated by the Council.
She attended the Spring Bouti que put on by the Mission Viejo Activities Committee, the Roundtable with Senator Catherine Blakespear , and discussed housing mandates and bills, and sober living issues, asking for assistance in these areas . She also attended Earth Day/Arbor Day and thanked Director Jerry Hill and his staff for putting on such a well thought out and successful event. Unfortunately, she missed the Multicultural Medley Event as she took her granddaughter and three friends to see Cinderella at Mission Viejo High School.
Mayor Goodell
Mayor Goodell stated that he received a letter from the Arbor Day Foundation congratulating Mission Viejo as a 2022 Tree City USA and read an excerpt from the press release. He gave a brief outline of his trip to Brisbane, Australia, in an effort to recruit Olympic Committees to look at Mission Viejo as a training base for the 2028 Olympics and will give a more complete report at the next C ouncil Meeting. He reunited with a fellow Olympian he had competed against in the 1976 Olympics that he had not seen 47 years. Mayor Goodell also attended the Chamber of Commerce Mixer at All Star Pizza with Congresswoman Kim in attendance, the Roundtable with Senator Catherine Blakespear. He met with CHOC (Children's Hospital of Orange County) to talk about their needs. Lastly, he closed the meeting in honor of Caltrans workers who have lost their lives in serving our County, and announced that on April 29, Caltrans are celebrating those lives lost.
ADJOURNMENT AT 10:15 PM TO TUESDAY, MAY 9, 2023, AT 5:00 P.M.
______________________________________
Renata Winter, Assistant City Clerk
Approved at the meeting of May 9, 2023