City Council Minutes 1 July 11, 2023
MISSION VIEJO MINUTES
City Council, Community Development Financing Authority, Successor Agency of the Community Development Agency,
Housing Authority, and Library Board of Trustees*
July 11, 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 July 11, 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 July 6, 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
Kimberly Schmitt, City Clerk
Renata Winter, Assistant City Clerk
CLOSED SESSION
CS1. 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; Labor Attorney Peter Brown: Employee Organization: Service Employees’ International Union (SEIU)
CS2. 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
City Council Minutes 2 July 11, 2023
At the hour of 5:01 pm, Mayor Goodell recessed to Closed Session. The City Council reconvened at 6:02 pm with all five Council Members present.
REPORT OF CLOSED SESSION
City Attorney Bill Curly stated there was no reportable action on either Closed Session item.
INVOCATION: Mayor Pro Tem Kelley
PLEDGE OF ALLEGIANCE: Council Member Vasquez
PRESENTATIONS
P1. Proclaim August 18, 2023 To Be Never Give Up Day
Mayor Goodell announced proclamation .
P2. Proclaim Michael Block as a Hometown Hero
Mayor Goodell presented proclamation to Michael Block.
P3. Recognize Mission Viejo Animal Services Volunteers
Received presentation from Director Michelle Claud-Clemente and recognized the volunteers.
P4. Presentation by Santa Margarita Water District Board President Frank Ury Received presentation.
Cathy Schlicht, MV: Criticized Frank Ury and the City Council for the twelve -million-dollar infrastructure improvements and education center for the water district that will be paid by the taxpayers. She stated that there should have been a cost study that would have shown the cost savings through a lease agreement versus a cost sharing agreement with the water district.
PUBLIC COMMENTS
Walt Lawson, MV: Commended the City on Item #11 relating to the purchase of an electric vehicle and referenced an LA Times article regarding the City of Laguna Beach and electric vehicles . He spoke on various topics including the Los Oso project, the City’s Housing Element, the Oso Creek trail and the cost of this project, and lastly, he spoke on the appeal case.
Sharon Genton, Lake Forest: The number of McKinney-Vento children has grown in Mission Viejo.
Spoke about an upcoming community event “Sole Support” which is collecting new tennis shoes for these children in the City . She outlined the drop off locations that will accept donations through August 7.
City Council Minutes 3 July 11, 2023
Cathy Schlicht, MV: Stated that the City Attorney took her public comments from the June 23, 2020 meeting out of context to fit a false narrative that was submitted to the Court of Appeals. She spoke out that item #14 should not be on the Consent Calendar and outlined out her reasons.
Michelle O’Brien, MV: Spoke on the Elks Lodge events and how they give back to the community. She thanked both Mayor Goodell and Council Member Ruesch for attending the recent Flag Day Ceremony.
Jill Schindler, MV: Questioned consent calendar item #10 re garding crossing guard services and asked which school is losing a crossing guard.
CONSENT CALENDAR
Items, 10, 11, and 14 were removed from the Consent Calendar for separate consideration.
Motion made by Mayor Pro Tem Kelley, seconded by Council Member Bucknum, 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 July 11, 2023, as presented.
2. General Check Register Dated June 16, 2023 in the Amount of $1,495,418.31 Ratified the accompanying check register.
3. General Check Register Dated June 23, 2023 in the Amount of $795,641.25 Ratified the accompanying check register.
4. Golf Check Register Dated June 16, 2023 in the Amount of $2,176.45 Ratified the accompanying check register.
5. Golf Check Register Dated June 23, 2023 in the Amount of $12,014.92 Ratified the accompanying check register.
6. City Treasurer’s Monthly Report for May 2023
Receive and file.
City Council Minutes 4 July 11, 2023
7. Successor Agency of the Community Development Agency Treasurer’s Monthly Report for May 2023
Receive and file.
8. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for May 2023
Receive and file.
9. Mission Viejo Housing Authority (MVHA) Treasurer’s Monthly Report for May 2023 Receive and file.
12. Destruction of Records - Citywide Annual Records Purge
Adopted Resolution 23-31 Authorizing and Directing the Community Relations Department to Destroy Certain City Records and Documents Pursuant to the Government Code of the State of California.
13. Amendment to Mission Viejo Library Materials Purchasing and Processing Agreement
(1) Approved the third amendment to the Agreement with Ingram Library Services, LLC for the period July 12, 2023 to June 30, 2024 in an amount not to exceed $150,000 for the provision of electronic selection lists, electronic ordering, acquisitions, cata loging, and physical processing of library materials; and (2) authorized issuance of a purchase order to Ingram Library Services, LLC for the period July 12, 2023 to June 30, 2024, in an amount not to exceed $150,000
15. 2023 Residential Resurfacing-Slurry Seal (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.
16. 2023 Residential Resurfacing-Asphalt Repairs and Asphalt Overlays (CIP 24838)
Awarded the construction contract for the subject project to All American Asphalt, Inc. (A23- 41) in the amount of $3,823,222.00.
17. Renewed Measure M (M2) Public Works Seven-Year Capital Improvement Program
Adopted Resolution 23-30 Adopting a Renewed Measure M (M2) Seven -Year Capital Improvement Program (CIP), Beginning with the 2023/2024 Fiscal Year, to Satisfy the City's Eligibility Requirements of the Orange County Measure M (M2) Program.
City Council Minutes 5 July 11, 2023
18. Annual Review of Residential and Commercial Integrated Waste Management Rates Received and filed.
19. Lower Curtis Park Land Exchange
(1) Authorized the City Manager to execute a Land Exchange Agreement with the County of Orange (A23-42) to facilitate the creation of a graded pad below Curtis Park, and (2) authorized the City Manager to sign all quitclaim deeds and other supporting documents as may be required for the land exchange.
ITEMS REMOVED FROM THE CONSENT CALENDAR
10. 2023-2025 School Crossing Guard Services
Director of Public Works Mark Chagnon presented the staff report.
Motion made by Mayor Pro Tem Kelley, seconded by Council Member Bucknum, to (1) award the contract in the amount of $1,102,087 to American Guard Services, Inc., (A23 -39) for school crossing guard services for the period of August 1, 2023, to July 30, 2025; and (2) authorize issuance of a purchase order to American Guard Services, Inc., in an amount not to exceed $546,833 for the period of August 1, 2023, to July 30, 2024.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
11. Purchase (1) Electric Vehicle - Replacement City Carpool Vehicle
Mayor Pro Tem Kelley commended the resourcefulness of City Staff on the purchase of this vehicle which will be funded by the forfeited C&D deposits.
Motion made by Mayor Pro Tem Kelley, seconded by Mayor Goodell, to (1) authorize the issuance of a Purchase Order for the purchase of a 2019 Chevrolet Bolt EV in the amount of $19,450.00, and (2) adopt Resolution 23-29 Amending the FY 2023/24 Operating 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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14. Real Estate Advisory Services - Public Private Partnership for Los Osos (CAVP) Project
Council Member Vasquez voiced concerns as to why a request for proposal was not issued on this project and why it was on the Consent Calendar.
Cathy Schlicht, MV: Gave her opinions on the contract and she believes the end game is to create tax districts. She outlined the Scope of Service attached to the contract.
Motion made by Council Member Bucknum, seconded by Mayor Pro Tem Kelley, approve the agreement with Kosmont Companies (A23- 40) in the amount of $49,470 to provide professional services related to the identification and eventual selection of a retail development partner.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
PUBLIC HEARING
20. Consideration of a Regular and an Urgency Ordinance, as an Uncodified Ordinance, Adopting Phase 1 Objective Design Standards, to Provide a Set of Clear, Objective, and Measurable Standards for Multi -Family Residential and Mixed -Use Projects to Ensure High Quality Design that Maintains the Architectural Character of Mission Viejo
Director of Planning Elaine Lister presented the staff report.
Mayor Goodell opened the Public Hearing at 7:30.
Mayor Goodell closed the Public Hearing at 7:30 with no public comments.
Motion made by Council Member Ruesch, seconded by Council Member Bucknum, to (1) find that the adoption of Objective Design Standards (ODS) is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15060, subd. ( c )(2), 15061, subd. (b )(3) and Section 15378 (b); ( 2) adopt Urgency Ordinance 23 -350 Pursuant to Government Code Section 36937(b) and Including the Facts Supporting the Urgency Declaration; and ( 3) introduced Ordinance 23- 350A Adopting an Uncodified Regulatory Enactment Titled "Phase 1 Objective Design Standards and Ordering the Immediate Use and Reliance Upon these Objective Design Standards for all purpose.
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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OLD BUSINESS
21. Financial Feasibility and Funding Options Related to the Possible Construction and Operations of a Parking Structure Located in the Vicinity of the Oso Creek Golf Course and the Marguerite Recreation Center/Oso Creek Trail
City Manager Dennis Wilberg presented the staff report.
Troy Roelen, MV: Stated that he appreciates the Council’s vision on this project. He is in favor of this project.
Jill Schindler, MV: Questioned the proposal and the dollar amount. She asked if this is for parking or more pickle ball courts.
Cathy Schlicht, MV: Expressed to the Council that they need to put a stop to this parking structure and stated this is a multi-million-dollar contract for PRES Companies and suggested that an investigation be conducted on the relationship between Mayor Goodell and PRES. She outlined her reasoning for this.
Motion made by Mayor Pro Tem Kelley, seconded by Council Member Bucknum, to award a contract to the PRES Companies (A23- 43) in an amount of $71,000.00 to complete a preliminary financial analysis that would include the determination of the amount of private and/or public financing sources available to construct and operate a pa rking Structure in the vicinity of the Oso Creek Golf Course which is for the Phase I Scope of Work.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, and Ruesch
NOES: Vasquez
ABSENT: None
22. Performing Arts Theater Feasibility and Market Study
Direct of Library Services Genesis Hansen presented the staff report.
Cathy Schlicht, MV: Criticized the City Attorney on his comments in regards to the Parking Structure discussion on item #21. Stated she is in support of the feasibility study for a theater and asked if the Council is serious in finding a home for the theater.
Robert Breton, MV: Pointed out his involvement in cultural arts throughout the City and recapped the Cultural Arts Master Plan which he was appointed to the s teering committee seven years ago. He announced that the Play Hamlet will be performed on the Village Green next week.
Josh Vecchione, MV: He agrees this is a fabulous Company to contract with and encouraged the Council to form a committee to work with the consultant.
City Council Minutes 8 July 11, 2023
Motion made by Council Member Ruesch, seconded by Council Member Bucknum, to (1) award the contract for the subject services to TheatreDNA (A23 -44) for the period July 12, 2023 to June 30, 2024 in an amount not to exceed $89,500; and (2) authorize issuance of a purchase order to TheatreDNA for the period July 12, 2023 to June 30, 2024, in an amount not to exceed $89,500.
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
23. Voting Delegate and Alternate(s) for the 2023 League of California Cities Annual Conference
Mayor Goodell appointed himself as voting delegate and Mayor Pro Tem Kelley and Council Member Vasquez as alternates for the League of California Cities Conference Annual Business Meeting on Friday September 22, 2023.
CITY MANAGER REPORTS
24. City Representation at the Oceania National Olympic Committee’s (ONOC) Pacific Games and meetings in Solomon Islands
City Manager Dennis Wilberg presented the staff report.
Council Member Vasquez voiced her concerns regarding budget and taxpayer dollars being spent.
Motion made by Council Member Bucknum, seconded by Mayor Pro Tem Kelley, approve Mayor Goodell to attend and represent the City at the Oceania National Olympic Committee's Pacific Games to be held in the Solomon Islands, November 19 - December 2, 2023.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, and Ruesch
NOES: Vasquez
ABSENT: None
City Council Minutes 9 July 11, 2023
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 gave a shout -out to North Mission Viejo Little League 10U and 12U Allstars for their amazing run in the District 68 Championships. She announced that the next Sober Living Task Force meeting will be this Friday July 14 at 2:00 pm at Laguna Niguel City Hall.
Council Member Bucknum gave an update on the Task Force. She attended Concert on the Green and announced upcoming events at the Norman P. Community Center. Council Member Bucknum gave kudos to the Mission Viejo Activities Committee for the 4 th of July Street Fair and fireworks
show. She mentioned that she is aware of the complaints about the expensive food trucks and perhaps next year the Committee can find some less expensive options. She attended the SCCOR Appreciation Luncheon to recognize the volunteers. She mentioned that the Oso Creek Golf Course will be hosting a Family Links Staycation this Saturday at 3 pm which will provide events for the whole family. Council Member Bucknum stated that Sunday is the Boot Beer& BBQ 4:00 pm at the Norman P. Community Center that benefits the Adopted Marines Committee. She reminded everyone that July 19, 7 to 8:30 pm is Shakespeare in the Park featuring Hamlet. She announced that the Nadadores are hosting the 2023 USA Diving Junior Nationals Championships at the aquatics center starting on July 23. Lastly, she reminded residents that the Pacific Symphony Prelude in the Park on August 5. She wished everyone a happy Summer as the City Council will be dark until later in August.
Council Member Ruesch
Council Member Ruesch indicated that he also attended the events that Council Member Bucknum outlined. He stated that he attended the ACC -OC Smart City Quarterl y Policy Dinner and the Saddleback Place Ribbon Cutting Ceremony on July 6. Lastly, he announced he attended the Moulton Niguel Water District Public Safety Appreciation Day.
Council Member Vasquez
Council Member Vasquez attended the 4
th of July Street Fair and fireworks and did agree that the food trucks were a little pricey. She announced that her husband is turning 50 and they will be going on a cruise. Lastly, she stated that there is six more weeks before the kids go back to school.
Mayor Pro Tem Kelley
Mayor Pro Tem Kelley stated she also attended the same events as Council Members Bucknum and Ruesch. She announced that the Boots, Beer & Barbecue event is sold out. She thanked the Animal Services Volunteers that were recognized this evening. Mayor Pro Tem Kelley highlighted the hard
City Council Minutes 10 July 11, 2023
work the Mission Viejo Activity Members during the Fourth of July Street Fair e and pointed out that the Orange County Health Department has cracked down on the types of food booths. She thanked the SCOR Volunteers as well.
Mayor Goodell
Mayor Goodell stated that he appreciated all the vigorous discussions this evening and the actions that were taken. He thanked staff that attended his mother’s Celebration of Life. He announced that the Junior Nationals Diving Championships will start on Saturday July 22.
ADJOURNMENT
At the hour of 9:10 p.m., with no further business to come before the City Council at this session, Mayor Goodell adjourned the meeting to Tuesday, August 22, 2023, at 5:00 p.m.
______________________________________
Kimberly Schmitt, City Clerk
Approved at the meeting of August 22, 2023