City Council Minutes 1 June 27, 2023
MISSION VIEJO MINUTES
City Council, Community Development Financing Authority, Successor Agency of the Community Development Agency,
Housing Authority, and Library Board of Trustees*
June 27, 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 June 27, 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 June 22, 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
Cheryl Dyas, Director of Administrative Services
William P. Curley III, City Attorney
Kimberly Schmitt, 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 5:01 pm, Mayor Goodell recessed to Closed Session. The City Council reconvened at 6:05 pm with all City Council Members present.
REPORT OF CLOSED SESSION
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City Attorney Bill Curley announced that the City Council received information, but that no reportable action occurred.
INVOCATION: Council Member Bucknum
PLEDGE OF ALLEGIANCE: Mayor Goodell
PRESENTATIONS
P1. Proclaim July 2023 as Parks and Recreation Month
Presented proclamation to Director Mark Nix.
P2. Presentation by Be Well Orange County
Received presentation from Vice President Kathryn Hamel, Ph.D. from Be Well OC.
P3. Legislative Update
Received presentation from Vice President Cori Takkinen from Townsend Public Affairs.
PUBLIC COMMENTS
Walt Lawson, M .V.: Commented on the budget in regards to making the city a greener place to live. Suggested for the budget the development of a comprehensive Climate Action Plan, develop a master plan to convert its fleet to electric vehicles, and to construct charging stations. Recommended that the City join the Orange County Power Authority. He commended the City on the Housing Element being presented this evening. Asked for more clarification and transparency on the Core Vision Plan.
Larry Gilbert, M.V.: Stated the potential parking garage for Nadadores events is unnecessary and that the City could use the same transportation we use for special events from City Hall to the Nadadores facility.
Carlos Pianelli, M.V.: Spoke on the Stop the Monster and voiced concerns on the power of elected officials being taken away by Sacramento. Supports the Housing Element and voiced concern on design standards that need to be in place before July 2.
Cathy Palmer, M .V.: Gave a thank -you to the following, Attorney Curley, Western Waste Management, Librarians for the LGBTQ+ book display at the Library for Pride Month, Elaine Lister for the Housing Element, and the Planning & Transportation Commission . Lastly , she thanked Council Member Vasquez for her leadership in sponsoring two events showing support of LGBTQ+ community as well as her insistence that the Council set priorities for the 23/25 budget.
Lynn Holmes, M.V.: Thanked Director Lister for the Housing Element Workshop which was very informative. Asked questions regarding the traffic on the La Paz bridge and the syncing of the traffic lights.
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Cathy Schlicht, M.V.: Commented and criticized the Respondent’s Brief and cited from the brief filed by Attorney Aaron Hand and criticized the City Attorney on her June 23, 2020 comments and stated that they were taken out of context to fit a false narrative and were not properly transcribed.
CONSENT CALENDAR
Items 10 and 17 were removed from the Consent Calendar for separate consideration.
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 Minutes for the regular city Council Meeting of June 13, 2023, as presented.
2. General Check Register Dated June 2, 2023 in the Amount of $891,560.47 Ratified the accompanying check register.
3. General Check Register Dated June 9, 2023 in the Amount of $566,520.37 Ratified the accompanying check register.
4. Golf Check Register Dated June 2, 2023 in the Amount of $218,358.50 Ratified the accompanying check register.
5. Golf Check Register Dated June 9, 2023 in the Amount of $4,305.13 Ratified the accompanying check register.
6. FY 2023/24 Budget for the Mission Viejo Community Development Financing Authority
Adopted CDFA Resolution 23-01 Adopting a Budget for the 2023/24 Fiscal Year.
7. Mission Viejo Housing Authority Budget - Fiscal Year 2023/24 Adopted Housing Authority Resolution 23-01 Adopting a Budget for FY 2023/24.
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8. Cooperation Agreement (CDBG Funds Transfer) between the City and Housing Authority; and First Amendment to Affordable Housing and CDBG Loan Agreement (Phase IV) Between the Housing Authority and Families Forward
(1) Adopted Joint Resolution of the City Council and Housing Authority 23 -23 Approving the First Amendment to Cooperation Agreement (CDBG Funds Transfer) Between the City and Housing Authority for Transfer of an Additional $200,000 (for a cumulative total of $639,000) of CDBG Funds to Implement the Affordable Housing and CDBG Loan Agreement (Phase IV) and Making Certain Other Findings, and (2) adopted Housing Authority Resolution 23-02 Approving the First Amendment to Affordable Housing and CDBG Loan Agreement (Phase IV) Between the Housing Authority and Families Forward Related to a CDBG Loan of up to $639,000 Sourced Solely from CDBG Funds as Transferred by the City to the Housing Authority for Acquisition and Long Term Operation of One Single -Family Home for Lease and Occupancy by Low Income Persons and Families who are Homeless or at Risk of Homelessness, and Making Certain Other Findings.
9. Establish an Appropriation Limit for the 2023-24 Fiscal Year Adopted Resolution 23-24 Establishing an Appropriations Limit for the 2023-24 Fiscal Year.
11. Fifth Amendment to Agreement with Matrix Imaging for Document Scanning Services.
(1) Approved Fifth Amendment to Agreement with Matrix Imaging for an additional $40,000, for a total not -to-exceed amount of $166,300, and extend the term of the agreement through December 31, 2023 for Document Scanning Services; and (2) adopted Resolution 23 -25 Amending the Fiscal Year 2022-2023 Budget for Costs Related to Document Imaging.
12. Agreement Professional Services for Housing Rehabilitation Program Consultation and Implementation
Approved agreement for Housing Rehabilitation Program Consultation and Implementation Services with Theresa Dobbs (A23-34) from July 1, 2023 to June 30, 2025, in an amount not to exceed $60,000 ($30,000 /year).
13. Proposed Lease Submitted by Dish Wireless in Conjunction with a New Wireless Telecommunication Facility on an Existing 83 -Foot-Tall Light Standard Located at the World Cup (Potocki) Soccer Fields at 27301 La Paz Road
Approved and Authorized the City Manager to Execute the Lease with Dish Wireless (A23 - 35).
14. Agreement for Professional Services for Community Development Block Grant Program Administration
Approved Agreement for Community Development Block Grant Administration Services with Mike Linares, Inc. (A23-36) from July 1, 2023 to June 30, 2025, in an amount not to exceed $110,500.
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15. MV Shuttle Services
Approved the Fourth Amendment with LAZ Parking California, Inc. for the operation of the MV Shuttle contingent upon adoption of the FY 2023-2024 Operating Budget.
16. Annual Maintenance Program for Plumbing and Related Services at City Facilities
(1) Awarded a contract to Santa Margarita Plumbing and Air, Inc. (A23 -37) for the Annual Maintenance Program for Plumbing and Related Services for the period of July 1, 2023 to June 30, 2025 in an amount not to exceed $270,000.00; and (2) authorized the issuance of a purchase order to Santa Margarita Plumbing and Air, Inc. for the period July 1, 2023 to June 30, 2024, in amount not to exceed $135,000.00, pending adoption of the Fiscal Year 2023 -2025 budget by the City Council.
18. Legislative Advocacy and Government Relations Services
Approved the Professional Services Agreement with Townsend Public Affairs (A23 -38) for State legislative advocacy and government relations services for a total not to exceed the amount of $120,000 for the period of July 1, 2023 to June 30, 2025.
ITEMS REMOVED FROM THE CONSENT CALENDAR
10. Sober living Task-Force Comprehensive Management Assistance Council Member Vasquez asked for clarification on how much the City has spent to date on this task force, if we are the only City spending money on this, and has the ACCOC given any indication when they will step in.
City Manager Wilberg responded that we have spent between $37,000 -$40,000. He stated at this point no other cities have put money toward this effort, and that the ACCOC has not specified a timeline when they will take over. He stated that they hope to look into discussing with other cities to assist in paying.
Council Member Bucknum shared that the idea of sharing costs has been discussed at the task force and it will be continued at the next two meetings. She explained that the difference between the Task Force and the ACCOC, is that the ACCOC is elected officials only. She stated that having public members that are being impacted by this on the task force makes the legislature look at it more seriously.
Motion made by Council Member Vasquez, seconded by Council Member Bucknum, to award a contract with Venture Strategic (A23 -33) in the amount of $60,000.00 for continuing 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
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NOES: None
ABSENT: None
17. Annual Maintenance Program for Pool Maintenance Related Services at City Facilities
Council Member Vasquez asked for clarification on the contract amount.
Director of Public Services explained that the City has two contracts, one with 1st Choice that provides daily maintenance to the pools, and another contract for the purchase of pool chemicals which is the contract we are having an issue with. That distributor does not want to hold to his cost. He stated that it has been difficult to set up a bid with a distributor to lock in a cost. This amendment for 1st Choice is to have them purchase the pool chemicals and pass on the cost to the City with no mark-up.
Motion made by Council Member Vasquez, seconded by Mayor Goodell, to (1) approve Seventh 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 $520,000.00; and (2) authorize issuance of a change order to 1st Choice Pool & Spa Solutions for the period of July 1, 2023 through June 30, 2024, in an amount not to exceed $260,000.00 pending the 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
PUBLIC HEARING
19. General Plan Amendment GPA2021 -35 - Revision to City -Initiated Petition Related to the City’s Housing Element Update as Required by State Law to Address the State’s 6th Housing Cycle for the Years 2021-2029
Director of Community Development Elaine Lister presented the staff report.
Mayor Goodell opened the Public Hearing at 7:48 pm
Cathy Palmer, MV: Thanked Elaine Lister and her staff on the Housing Element. Encouraged entry level housing in the forms of condominiums and townhomes with 3 and 4 bedroom units.
Peggy O’Neill, MV: Thanked Elaine Lister and her staff on the Housing Element and for the housing workshop. She hopes the city is ready to support developers. Encouraged the inclusionary housing ordinance to guarantee that affordable housing will be built.
Stacy Holmes, MV: Stated the housing workshop was very informative. He says we have to care about the homeless and caring about the issues and these sites have developers for low income housing and he hopes the City reaches out to these developers.
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Rona Henry, Laguna Woods: Spoke in support of an inclusionary ordinance. She outlined the City of Irvine’s inclusionary ordinance very low, low and extremely housing.
Ken Kisling, MV: Supports the housing element and outlined his thoughts on the plan.
Carlos Pianelli, MV: Appreciated the efforts of Elaine Lister and her staff. Stated there should be a 15% minimum of affordable housing in developments.
Mayor Goodell closed the Public Hearing at 8:06 pm.
Motion made by Mayor Pro Tem Kelley, seconded by Council Member Bucknum, to direct staff to make additional clean -up and revision to the Housing Element based on recent communication with the California Department of Housing and Community Development (HCD) and submit to HCD for review.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
OLD BUSINESS
20. Adoption of the 2023-2025 Budget
Director of Administrative Services presented the staff report.
She stated that there are 3 additional changes based on our meeting with Council Member Vasquez yesterday.
Restating the third City Council objective to : Continue to facilitate the growth of Mission Viejo’s sports economy by maintaining the Mission Viejo Sports Tourism webs ite, presenting what Mission Viejo has to offer to both national and international athletes. Partner with the Orange County Sports Commission to build a greater national and international sports presence.
Obtain a City-specific Economic Study to identify and facilitate positive economic impact and growth. Page 90
Add a performance measure for Community Development that reports on the number of applications received under the Housing Rehabilitation loan program. Page 179
Add information in the City Manager budget message to document budget items not included in the final 23-25 budget. Among other items, this list will include mention of park playground rehabilitation projects, North Oso Creek Bike Pedestrian Trail Open Space project and slope rehabilitation funding. Page 10 and 11.
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Cathy Schlicht, M.V.: Addressed concerns of the vision plan and that the parking garage was not part of this plan. She commented that there is no money for playground equipment, shade structures and that the landscape budge has been severely cut. She criticized the Mayor and the Council that these vision plans are not obtainable.
Motion made by Council Member Bucknum, seconded by Mayor Pro Tem Kelley, to adopt Resolution 23 -26 Adopting a Budget for the City of Mission Viejo for 2023 -25 and Appropriating Funds for the FY 2023/24 only; and (2) adopt Resolution 23-27 Amending the City's salary Schedule and Authorized Position Schedule Effective July 1, 2023.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
NEW BUSINESS
21. Revisions to City of Mission Viejo Personnel Policies Human Resources Manager Monique Goetz presented the staff report.
Motion made by Mayor Pro Tem Kelley, seconded by Council Member Bucknum, to adopt Resolution 23-28 Providing for the Revisions to Select Personnel Policies.
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
22. Southern California Association of Governments (SCAG) Report Received report from Council Member Bucknum.
23. Orange County Fire Authority (OCFA) Report
Received report from Council Member Ruesch.
CITY MANAGER REPORT
Director of Public Works Mark Chagnon gave a brief report on the northerly trail head at Casta del Sol where the idea is to make it a more gradual incline for bike and pedestrians safety. He outlined the opportunity the City has by working with the Contractor of the La Paz Widening Project in
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hauling dirt. The contractor would give us a cost credit for this project by taking the dirt to the trail head.
COUNCIL MEMBER COMMENTS AND ACTIONS
24. 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 stated that she has been out of town attending a family member’s celebration of life. She announced that this Friday June 30, there will be a free concert on the Village Green by Pop Vision. Council Member Bucknum reminded residents of the 4 th of July Street Faire and enjoy the local display booths and enjoy the fireworks.
Council Member Ruesch
Council Member Ruesch announced that last week the first human typhus was detected in Mission Viejo in the area of the 241 Toll Road and Los Alisos. He stated so far it has been contained. He stated that there is a low mosquito attendance but be aware of standing water.
Council Member Vasquez
Council Member Vasquez stated that she attended her first ribbon cutting for the Platonic Beauty Salon of off Alicia and Via Fabricante. She also attended the Poetry and Art Reception at the Mission Viejo Library and stated that the turnout was great.
Mayor Pro Tem Kelley
Mayor Pro Tem Kelley stated that she was in Washington DC for her husband’s reunion of his Officer’s Training Class and had a wonderful time. She attended the South Orange Amateur Radio Association (SOARA) which is a group of amateur radio pe ople that set up a 24 -hour display and actual training in Gilleran Park. She explained that the function of this group is in the event of a disaster they will be able to communicate with their ham radios. The City supports them and appreciates the service and resources they provide. Council Member Kelley also attended the Montanoso Open House. Lastly, she spoke about the fencing at schools that are adjoined to parks and indicated that she signed her grandchildren up for the Summer Reading Program at the Library.
Mayor Goodell
Mayor Goodell stated that the attended the Home Burglary & Prevention Seminar at the Norman P.
Murray Center. It was well attended with helpful information. He had breakfast with Congresswoman Young Kim and other Mayors in her district. Mayor Goodell sai d met with the Sports Tourism Consultant Greg Harney and Australian Professional Rugby Representative Brendon
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Morris for a tour of our facilities. He also toured a Cricket Sports Group through our facilities. He stated he attended the Elks Lodge Flag Day Ceremony. Mayor Goodell also attended the ACCOC newest affordable housing development called the Finamore Place Project in Anaheim, as well as the OCCOG Board of Directors Meeting. Lastly, he stated the Poetry and Art Reception at the Library.
ADJOURNMENT
At the hour of 9:23 p.m., with no further business to come before the City Council at this session, Mayor Goodell adjourned the meeting to Tuesday, July 11, 2023, at 5:00 p.m.
______________________________________
Kimberly Schmitt, City Clerk
Approved at the meeting of July 11, 2023