City Council Minutes 1 May 23, 2023
MISSION VIEJO MINUTES
City Council, Community Development Financing Authority, Successor Agency of the Community Development Agency,
Housing Authority, and Library Board of Trustees*
May 23, 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 May 23, 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 May 18, 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 (left meeting at 8:25 pm) Council Member Vasquez
Mayor Pro Tem Kelley
Mayor Goodell
Absent: Council Member Ruesch
Staff Present: Dennis Wilberg, City Manager
Keith Rattay, Assistant City Manager
Cheryl Dyas, Director of Administrative Services
William P. Curley III, City Attorney
Renata Winter, Assistant City Clerk
CLOSED SESSION
CS1. Threat to Public Services or Facilities: Consultation with Orange County Sheriff's Department; Captain McDonald and Orange County Intelligence Analysis Center (OCIAC) Director Martinez
CS2. Liability Claims and Existing Litigation: Claimant: Villanea GAL Castillo, Heirs of Wolf, Heirs of Oldmixon and Loos -Hannifan: Agency Claimed Against – City of Mission Viejo and: Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) Section 54956.9 (4 cases)
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RECESS TO CLOSED SESSION AND RECONVENE
At the hour of 5:01 pm, Mayor Goodell recessed to Closed Session. The City Council reconvened at 6:06 pm with four City Council Members present and Council Member Ruesch absent.
REPORT OF CLOSED SESSION
City Attorney Bill Curley stated there were two closed session items but no action was taken.
INVOCATION: Rabbi Marcus of the Chabad Jewish Center
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Kelley
PRESENTATIONS
P1. Proclaim the Month of May to Be Jewish American Heritage Month
Mayor Goodell presented proclamation to Rabbi Marcus of the Chabad Jewish Center.
P2. Proclaim June 2, 2023 To Be National Gun Violence Awareness Day
Mayor Goodell presented proclamation to Bita Karabian ~ OC Moms Demand Action Volunteer.
PUBLIC COMMENTS
William Palma, M.V.: Spoke on racism, hate speech, harassment and in particular an incident at his home. He referred to emails and a handout he shared with the Council pertaining to a lawsuit against the City.
Kim Carr .: Stated she represented Senator Blakespear , and thanked the City Council f or acknowledging June 2, as National Gun Violence Awareness Day. She added that the Senator shares the same commitment to preventing gun violence and has introduced two Bills SB417 and SB452. Lastly, she encouraged residents to contact the Senator https://sd38.senate.ca.gov/ on any legislative matter, not just gun violence.
James Farris, M.V.: Voiced his concerns related to crime, and the improper actions of the OCSD and staff of Mission Viejo. He referred to the handout he provided the City Council outlining many problems in the City, and concluded by stating th is woke mentality needs to stop.
Larry Gilbert, M.V.: Suggested the Council invite Michael Block to a future Council Meeting as he put the City of Mission Viejo on the map this past weekend with a hole in one at the PGA Championships. He added that the Core Area Vision Plan should be item P3, and not item #25 on the agenda, and lastly with regards to item #19 , he hopes the City has funds set aside to cover attorney fees incurred by Michael Schlesinger.
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Rita Tayenaka, M.V.: Gave kudos to the City Council f or everything that they do. She stated that this is a wonderful City to represent as a realtor, and appreciates all that the City offers.
Lezlie Trujillo, M.V.: Asked for the City’s assistance/ support with regards to residents living next to someone who smokes marijuana, and also asked for help with Waste Management and the additional organics waste recycling trash can, required by the City.
Victoria Bruno, M.V.: Spoke on the management of open spaces, in particular the 9 acres of open space on Jeronimo north of Oso Creek. She shared her concerns and ideas in conserving native plants , storm water management , and practicing proactive weed abatement to help preserve open spaces.
Walt Lawson, M.V.: Commended the City Council for the presentation proclaiming June 2, as National Gun Violence Awareness Day. He stated numerous actions that need to be taken in order to reduce gun violence /deaths in the US. Lastly, he asked the Council to sponsor a program to discuss gun violence, and prepare a Council Resolution to be forwarded onto the Legislator.
Tom Moore, M.V.: Commented on the handout /photograph he provided to the City Council of the South East corner of Marguerite and La Paz Road and asked for sign to be removed.
Linda Shepard, M.V.: Requested the City C ouncil stand against AB665 Minors: consent to mental health services, and SB107 providing refuge for trans kids and their families. She also commented on the Core Area Vision Plan, had a number of questions, and stated she is unsure if she supports this plan, like she did NPM, and the Golf Course as there are a lot of p ros and cons.
Eric Cernich, Newport Beach: Stated his family owns Trader Joe’s and commented on the upcoming Core Area Vision Plan Presentation . He also mentioned that he is interested in forming a public/private partnership with the City in order to redevelop the center. Lastly, he raised questions pertaining to parking/deliveries, the zoning of the center to a park, and the CC&R’s.
Carols Pianelli, M.V.: Spoke in support of the Core Area Vision Plan and potential playhouse theatre. He also referenced the handout he provided to the City Council pertaining to the restoration of the Garden Plaza and the overwhelming response of residents in favor of the restoration.
Don Newton, M.V.: Voiced his concerns on the dangers of Oso Parkway between Felipe and Marguerite, and questioned why there is zero policing in that section of the road.
Jann Kronick, Long Beach: Stated she is the owner of the Michaels Building and addressed the Core Area Vison Plan. She commented on the breach of the CC&R’s, the owners’ rights being ignored, parking/deliveries issues and the lack of consideration of the tenants.
Cathy Schlicht, M.V.: Criticized the City Attorney, the City Man ager, the Assistant City Manager, and the City Council. She spoke of her concerns on the Core Area Vision Plan, the
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related costs, and the City’s violation of the CC&R’s . She commented on the lack of transparency with regards to Larry Ryan not being identified as a paid consultant on this project.
Lastly, she asked the City to add a comments section to the website so that residents may voice their opinion on the Core Area Vision Plan.
Council Members asked various questions of staff and the City Attorney.
CONSENT CALENDAR
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 Vasquez
NOES: None
ABSENT: Ruesch
1. City Council Minutes
Approved the Minutes for the regular City Council meeting of May 9, 2023, as presented.
2. General Check Register Dated April 28, 2023 in the Amount of $518,698.20
Ratified the accompanying check register.
3. General Check Register Dated May 5, 2023 in the Amount of $3,066,199.06
Ratified the accompanying check register.
4. Golf Check Register Dated April 28, 2023 in the Amount of $77,664.39
Ratified the accompanying check register.
5. Golf Check Register Dated May 5, 2023 in the Amount of $200,572.14
Ratified the accompanying check register.
6. Quarterly Financial Report for the City of Mission Viejo - Third Quarter 2022-23
Received and filed.
7. City of Mission Viejo Renewed Measure M (M2) Eligibility: MPAH Consistency and Mitigation Fee Program Components
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(1) Adopted Resolution 23 -16 concerning the status and update of the General Plan Circulation Element and Mitigation Fee Program for the Renewed Mea sure M (M2) Program, and (2) Directed staff to transmit said resolution to the Orange County Transportation Authority by June 30, 2023, to maintain the City’s continued eligibility in receiving FY2023/24 M2 local fair share revenues and in pursuing competitive grant funding opportunities.
8. Renewal of Firewall Security Subscription
Approved purchase order for Cisco Firewall security subscription annual renewal to Resilient Communications Inc. in the amount of $36,799.50.
9. Building Division Staffin g, Plan Check and Inspection Services - Charles Abbott Associates, Inc.
Approved an Agreement (A23-18) with Charles Abbott Associates, Inc. for Building Division Staffing, Plan Check and Inspection Services for the period July 1, 2023 to June 30, 2025.
10. Melinda Road Pavement Rehabilitation (CIP 23837)
Awarded the construction contract (A23-19) for the subject project to R.J. Noble Company in the amount of $976,854.14.
11. Fiscal Year 2023/24 Senate Bill 1 Road Repair and Accountability Act
Adopted Resolution 23 -17 Adopting a List of Projects for Fiscal Year 2023/24 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017.
12. Annual Routine Park, Right -of-Way, and Facility Electrical, Lighting Maintenance, Repair and Replacement
(1) Awarded contract (A23-20) for subject services to Real Estate Consulting and Services, Inc. for the period July 1, 2023 through June 30, 2025 in the amount of $630,500.00; and (2) authorized staff to issue a purchase order to Real Estate Consulting and Services, Inc. for the period July 1, 2023 through June 30, 2024 in an amount not to exceed $315,250.00 pending adoption of the Fiscal Year 2023 -2025 budget by the City Council.
13. Annual Routine Fleet Vehicle Maintenance Services
(1) Awarded a contract (A23-21) to Mission Viejo Service Centers, Inc. for Annual Routine Fleet Vehicle Services for the period of July 1, 2023 to June 30, 2025 in an amount not to exceed $160,000.00; and (2) authorized the issuance of a purchase order to Mission Viejo Service Centers, Inc. for the period July 1, 2023 to June 30, 2024, in
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amount not to exceed $80,000.00, pending adoption of the Fiscal Year 2023-2025 budget by the City Council.
14. Annual Routine Monthly Landscape Maintenance - Contract Areas 9 & 10
(1) Awarded contract (A23-22) for the subject services to Nieves Landscape, Inc. for the period of July 1, 2023 through June 30, 2025 in the amount of $2,118,306.00; (2) authorized issuance of a purchase order for Landscape Contract Area 9 to Nieves Landscape, Inc. for the period of July 1, 2023 through June 30, 2024, in an amount not to exceed $536,928.00 pending adoption of the 2023-2025 budget by City Council; and (3) authorized issuance of a purchase order for Landscape Contract Area 10 to Nieves Landscape, Inc. for the period of July 1, 2023 through June 30, 2024, in an amount not to exceed $522,225.00 pending adoption of the 2023-2025 budget by City Council.
15. Security Guard Services – Special Events
Approved First Amendment (A23-23A) to the Green Angels Private Security – Special Events contract for the subject services for the period of July 1, 2022 through June 30, 2023 to increase the contract by an amount not to exceed $12,000.00, and (2) authorized issuance of a Change Order to Purchase Order #22300064 to The Green Angels Private Security in the amount not to exceed $12,000.00.
16. Annual Routine Tree Trimming Contract
(1) Approved Twenty -Ninth Amendment (A07-21CC) to the existing contract with West Coast Arborists, Inc. for the period of July 1, 2023 through June 30, 2025 in the amount of $2,382,113.00; and (2) authorized issuance of a purchase order to West Coast Arborists, Inc. for the period of July 1, 2023 through June 30, 2024, in an amount not to exceed $1,196,001.00 pending adoption of the 2023-2025 budget by City Council.
17. 2023 Residential Resurfacing—Asphalt Repairs and Asphalt Overlays (CIP 24838)
Approved the bid specifications, subject to minor revisions required by the City Engineer, and authorize staff to advertise for construction bids for the subject project.
18. Maintenance of Traffic Signals and Appurtenance, Interconnect, Battery Back - Up Systems, Illuminated Street Name Signs, Safety Lights and CCTV Cameras— Second Contract Amendment.
(1) Approved the Second Amendment to Contract (A19-46B) with Bear Electrical Solutions Inc. for traffic signal maintenance services; and (2) adopted Resolution 23-18 Amending the Fiscal Year 2022 -2023 Budget for Costs Related to Traffic Signal Maintenance.
NEW BUSINESS
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19. Establish General Fund Target and Minimum Reserve Levels for 2023 -25 Budget Cycle
Director of Administrative Services Cheryl Dyas presented the staff report.
Motion made by Council Member Bucknum, seconded by Mayor Pro Tem Kelley, to adopt Resolution 23 -19 Establishing General Fund Target and Minimum Reserve Levels for the 2023-25 Budget Cycle.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, and Vasquez
NOES: None
ABSENT: Ruesch
20. Fiscal Year 2023 -2024 Law Enforcement Agreement and Additional Special Enforcement Services Provided by the Orange County Sheriff's Department
Emergency Preparedness Manager Paul Catsimanes presented the staff report.
Motion made by Council Member Bucknum, seconded by Mayor Pro Tem Kelley, to (1) approve the FY 2023 -2024 Law Enforcement Services Agreement (A23-24) with the County of Orange for an amount not to exceed $21,869,919; and (2) approve funding in FY 2023 -24 in the amount not to exceed $35,000 for overtime related to special enforcement services.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, and Vasquez
NOES: None
ABSENT: Ruesch
CITY MANAGER REPORT (Item taken out of order)
25. Core Area Vision Plan Presentation and Summary of Public Input
Assistant City Manager Keith Rattay and Assistant Engineer Mario Gutierrez presented the staff report.
Bryan Zahn, M.V.: Spoke in favor of the Core Area Vision Plan and the process required for this vision to come to fruition. He added, this project is a need and not a want, and stated that he has been approached by numerous residents asking him ~ when. Lastly, he asked the Council to support this project, think about recreation and much needed dining, plus the resident’s needs.
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Walt Lawson, M.V.: Recapped the public comments he made at the May 9, and April 25, Council Meeting pertaining to cost, timeline, Santa Margarita Water District, CC&R’s, parking and communication with property owners of the Core Area Vision Plan.
Cathy Palmer, M.V.: Stated there are aspects of plan that she supports , and gave examples. She added that the plan would get her full support if it was privately financed with mixed use housing, and asked the Council to revisit the benefits of a private/public partnership. She concluded by stating some of her concern; costs, CC&R’s, parking and how this Vision Plan ties in with the existing properties.
Tom Moore, M.V.: Spoke in favor of the Core Area Vision Plan , however, he added there is a l ack of participation with the other property owners . He requested the City develop a specific plan of the area, not only the commercially zoned but also include the surroundings residential properties. Lastly, he stated Keith is doing a tremendous job , and the City is seeking input, so he encouraged residents to participate and be patient as this project will take a number of years.
Dwayne Ihde, M.V.: Spoke in support of the Core Area Vision Plan and encouraged others to do likewise. He stated young families, like himself, are the future of Mission Viejo and will continue to invest in the City . He added the City needs a downtown for families and friends to enjoy , and this Vision Plan encourages residents to stay in Mission Viejo and not leave to neighboring cities.
Stacy Holmes, M.V.: Referred to the handout he provided the City Council listing questions pertaining to costs, private funding, approval of existing businesses, shared expenses, referendum, and the needs of Mission Viejo residents. He concluded by stating the Council should be able to tell residents how much has been spent to date.
Ilene Geiger, M.V.: Stated although the Core Area Vision Plan is lovely, she voiced her concerns related to costs, services that will be cut to cover such costs , housing crisis, gap funding, benefit of proposed plan, etc. She requested a more realistic video showing the entire strip mall including those properties without upgrades, and asked the Council to consider the cost benefit analysis of the project.
Larry Ryan, M.V.: Stated that former speaker Dwayne Ihde is the essence of what this project is all about , having pride in the community and wanting something for everybody. He also thanked Cathy Schlicht for the shout out. He added, that he spent the better part of his life in Mission Viejo and this project is a vision for tomorrow , a look into the future. Lastly, he referred to the City of Lake Forest having a vision e.g.
Lake Forest Sports Park long before they owned the property , how the details were worth perusing, and he hopes the Council will support this project.
Mindy Geller, M.V.: Stated she is the owner of “The P atio” at the entr ance of the privately-owned shopping center, apart from the SteinMart building purchased by the City. She mentioned the City is making changes which are in violation of CC&R’s .
Voiced her concerns related to parking, traffic reports, and safety issues, and offered to
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meet with the City to review this. Added the City will prevent business from operating if they go ahead with this Vision Plan. She stated that the City Council and Staff have repeated said they would work with the owners of plaza , yet this has not happened.
Spoke of rising cost of materials, money owed to Property Manager Kathy Sickles, SDGE fees, and the n eed for an environmental study . How employees and paid consultants should be allowed to speak on this project, and lastly, she q uestioned why no budget or expenses have been shared with owners and residents ~ what does the City have to hide.
Wade Weiman, Rolling Hills: Co-owner of “The Patio”. Voiced the same concerns as Jann, Eric and Mindy with regards to CC&R’s, access ways, reduction i n parking, accessibility, tenants paying double taxes, SDGE fees, etc. He addressed City Attorney Bill Curley’s comment that the contract has been approved by Kathy Sickles, yet in fact she is revising changes to the contract. Questioned the fees, and added that Randy Leff now represents the parcel owners, who are trying to work together to form a committee and work with the City . Lastly, he asked for transparency, and for everyone to work together in order to move forward.
City Manager Dennis Wilberg outlined the facts of the matter. He stated the reason the City reached out to Mr. Leff earlier this afternoon was in anticipation of the same drama from the property owners, that being, that the City is not working with the property owners. He referenced the minutes from the February 24, 2023, meeting, three months ago. At that time, a committee was formed identifying which property owners would serve on the committee and begin working on the Property Management Agreement, Articles of Incorporation, Bylaws and amendments to the CC& R’s. Wade Weiman & Kathy Sickles were to facilitate that next meeting. Three months later, the City has heard nothing . Hence, the City Attorney was tasked with drafting the Property Management Agreement that was provided to Ms. Sickles for her review. City Manager Wilberg concluded, that the City has been patient, however, the City cannot simply pay CAM charges without a contract.
City Attorney Bill Curley added that Attorney Randy Leff stated this afternoon, that Jann Kronick is his only client. He referenced a series of emails to Ms. Sickles pertaining to the contract which he amended and sent with Mr. Leff. Seeing as he heard nothing further from Ms. Sickles, he was unaware of any problems mentioned this evening. He reviewed the same four step process with Mr. Leff. The need to get a Management Agreement in place so that CAM charges can be paid, and electric can be split, followed by the Articles of Incorporation, the Bylaws and amending the CC&R’s. He added, all this has been talked about for months and documented. The City is more than ready and trying to work with the property owners. He concurred that the CC&R’s are defective, incomplete, with no management organization, wh ich is why Mr. Leff, Ms. Kronick and Mr. Cernic h approached the City last June with a need to update CC&R’s . The City agreed and has been trying to move forward , yet a ll they get is resistance from the property owners.
Lastly, City Attorney Bill Curley stated that the CC&R’s preclude residential housing.
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MAYOR’S, COMMISSION, COMMITTEE REPORTS AND ACTIONS
21. Transportation Corridor Agencies (TCA) Report
No report given.
22. Southern California Association of Governments (SCAG) Report
No report given.
23. Orange County Local Agency Formation Commission (LAFCO) Report
No report given.
24. Orange County Transportation Authority (OCTA) Report
No report given.
COUNCIL MEMBER COMMENTS AND ACTIONS
26. 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 Vasquez
Council Member Vasquez had no additional comments.
Mayor Pro Tem Kelley
Mayor Pro Tem Kelley reminded everyone that the City is holding a Memorial Day Ceremony on Monday, May 29 at 8:30am. She announced that she attended the Opioid Crisis event, all three OCSD bicycle events, a Hazing event at NPM, the Sierra Open House and Water Safety Day, Symphony-on-the-Go at Pavion Park, and the South Orange County Economic Coalition Health Services Presentation this morning with the Mayor Goodell. A v ery busy couple of weeks. She also shared that she missed the Medal of Valor Ceremony on May 4, and felt it important that we recognize the five OSCD Heros. Deputy Dombrowski who received a medal for life saving, Deputy Cole who received a medal for courage, Deputy Sanchez, Deputy DeCaro and Sergeant Anderson who also received a medal for life saving.
Mayor Goodell
Mayor Goodell had no additional comments.
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ADJOURNMENT
At the hour of 10:25 p.m., with no further business to come before the City Council at this session, Mayor Goodell adjourned the meeting to Tuesday, June 13, 2023, at 5:00 p.m.
______________________________________
Renata Winter, Assistant City Clerk
Approved at the meeting of June 13, 2023