City Council Minutes 1 September 12, 2023
MISSION VIEJO MINUTES
City Council, Community Development Financing Authority, Successor Agency of the Community Development Agency,
Housing Authority, and Library Board of Trustees*
September 12, 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 September 12, 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 September 7, 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
CLOSED SESSION
CS1. Conference with Legal Counsel -Potential Litigation: Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 (1 case)
CS2. Conference with Legal Counsel - Pending Litigations: People ex. rel. Schlesinger v. Sachs, et. al., OCSC No. 30 -2022-01262431-CU-JR-CJC; and Schlesinger v. Mission Viejo, OCSC Case No. 30-2022-01253878-CU-WM-CJC
Cathy Schlicht, M.V.: Commented on the upcoming Appellate Hearing and recapped the terms of the Council and blames the City Manager for not managing these lawsuits that have had
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significant costs on the City’s budget . She asked that the Council own their mistakes and not again allow the City Attorney to appeal Judge Shwarm’s outcome of legal fees to the plaintiffs.
RECESS TO CLOSED SESSION AND RECONVENE
At the hour of 5:07 pm, Mayor Goodell recessed to Closed Session. The City Council reconvened at 6:05 pm with all five City Council Members.
REPORT OF CLOSED SESSION
City Attorney Curley announced that CS1 pertained to potential litigation. The City Council authorized a Third Tolling Agreement with BKK Working Group. There were no reportable actions on CS2.
INVOCATION: Mayor Goodell
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Kelley
PRESENTATIONS
P1. National Library Card Sign-Up Month
Received presentation from Director of Library Services Genesis Hansen.
P2. Proclaim September 2023 To Be Hunger Action Month
Presented proclamation to Dr. John Ralls of Community Health Comm.
P3. Association of California Cities - Orange County (ACC-OC) Mid-Year Update Received presentation from Executive Director Kris Murray.
PUBLIC COMMENTS
Kyle Eilers, Ladera Ranch, James Altman, Newport Beach, Hammad Sheikh, Lake Forest, Scott Neiman, Ladera Ranch: Spoke on the upcoming policy change regarding the public use of the lighted volley ball courts at Craycraft Park and asked that the Council rescind the policy that will start charging to use the park in the evening.
Yaseen Elhalafawy, M.V.: Spoke on the passing of Community Services Supervisor Dave Borelli and stated that he was his tennis coach and requested that the City Council commemorate him by dedicating a tennis center, clubhouse, or hosting an annual tennis tournament in his honor.
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Connie Lanzisera, M.V.: asked the City Council if there will be lockdowns and spoke on the rumors of the Biden Administration; she voiced her objection against these rumored mandates and asked for a Resolution to ban lockdowns and mask mandates.
Lisa Foto, MV: She also concurred with Connie Lanzisera and asked that we adopt a Resolution like the City of Huntington Beach. She asked that AB531 (the Behavioral Health Infrastructure Bond Act of 2023) to be placed on the agenda.
Stephanie Trimpe, Orange, Alison Nieves, and M.V., Courtney Dustin, M.V.: Animal Services Center employee and spoke about the SEIU Union representation and asked for transparency because there was no vo te among the employees. She feels they were misled by the Union which has caused a division of staff.
Rebecca Moore, MV: Spoke on the City Flag and asked the Council to consider re -designing the City Flag.
Michael Schlesinger, MV: Spoke on the Quo Warranto and spoke on the cost of this lawsuit. Pointed out that the City had the opportunity to settle his Counsel’s legal fees and they chose not to.
Cathy Schlicht, MV: Spoke on the abuse of power of the City Attorney on the court rulings and she outlined her points. She blames the City Manager for not managing these lawsuits that have had significant costs on the City’s budget. She asked the Council to do what is best for the citizens and not for the self -interest of the Council Members and asked that Council Members Ruesch and Vasquez to step up.
Carlos Pianelli, MV: Spoke on his achievements as a retired school teacher and outlined what is happening today across the Country with school districts and the attack on public education with banning of certain books.
Tom Moore, MV: Stated that he submitted his comments and the Council can read when they have time.
Elizabeth Busick, MV: Spoke on enhancing tourism and indicated she would like to see the white Christmas lights on La Paz and here in the City hall plaza remain up until after Valentine’s Day.
Nicole Zahn, M.V., Andrea Ramos, M.V., Ryan Corning, Lake Forest, Natalie Kallberg, M.V.: All spoke on the Animal Services Center being under staffed and under paid. They are in favor of the Union and are requesting a retroactive 4.5% cost of living raise along with a $750 compassion fatigue bonus.
Council Member Bucknum asked for clarification regarding comments that were made regarding lockdowns, and mask mandates. She asked Police Services if anyone was arrested for not wearing masks during the pandemic and the answer was no. She asked the City Manager if we shutdown any of our large and small businesses and the answer is no. Council Member Bucknum wanted to stress what the City did to mitigate what the State was doing. She stated that we will continue to protect our businesses and give citizens to make their own choices and she is happy to have this on to a future agenda if the Mayor so deems.
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Director Mark Nix clarified that our City Ordinance indicates that any organized activities of 6 or more individuals need to pull a permit to utilize our courts, ball fields, etc . He stated that there are two facilities that have two lit volleyball courts at Felipe Tennis Center and Craycraft Park. He noted there has been a big increase with the local high schools use and that there was some double booking, so that is the need for the permit process that will commence on October 1.
Lastly, Council Member Bucknum asked staff to look into what the cost would be to keep the white Christmas lights up until after Valentine’s Day.
Mayor Goodell asked for an update on the labor negot iations. City Manger Wilberg commented that they are still under negotiation with the Union and they have two upcoming meetings in the next month.
CONSENT CALENDAR
Items 1, 16, and 19 were removed from 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
2. General Check Register Dated August 11, 2023 in the Amount of $3,216,309.95 Ratified the accompanying check register.
3. General Check Register Dated August 18, 2023 in the Amount of $554,062.78 Ratified the accompanying check register.
4. General Check Register Dated August 25, 2023 in the Amount of $1,932,969.16 Ratified the accompanying check register.
5. Golf Check Register Dated August 11, 2023 in the Amount of $22,856.77 Ratified the accompanying check register.
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6. Golf Check Register Dated August 18, 2023 in the Amount of $9,261.56 Ratified the accompanying check register.
7. Golf Check Register Dated August 25, 2023 in the Amount of $34,877.57 Ratified the accompanying check register.
8. City Treasurer’s Monthly Report for July 2023
Received report.
9. Successor Agency of the Community Development Agency Treasurer’s Monthly Report for July 2023
Received report.
10. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for July 2023
Received report.
11. Mission Viejo Housing Authority (MVHA) Treasurer’s Monthly Report for July 2023 Received report.
12. FY 2023/24 Investment Policies
(1) Adopted Resolution 23 -35 Approving the City's Investment Policy for FY 2023/24; (2) adopted Housing Authority Resolution 23-03 Approving the Mission Viejo Housing Authority Investment Policy for FY 2023/24; and (3) adopted Community Development Financing Authority (CDFA) Resolution 23-02 Approving the CDFA Investment Policy for FY 2023/24.
13. City Treasurer’s Annual Report for Fiscal Year 2022/23
Received and filed the accompanying City Treasurer's Annual Report for Fiscal Year 2022/23.
14. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Annual Report for Fiscal Year 2022/23
Received and filed the accompanying MVCDFA Treasurer's Annual Report for FY 2022/23.
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15. Mission Viejo Housing Authority (MVHA) Treasurer’s Annual Report for Fiscal Year 2022/23
Received and filed accompanying MVHA Treasurer's Report for FY 2022/23.
17. Network Firewall Support Renewal
Approved purchase order for network firewall annual support renewal to CompuCom Systems Inc. in the amount of $33,885.11.
18. Tyler Munis ERP Financial, HR, and Payroll Software Renewal
Approved purchase order to Tyler Technologies, Inc. for 1-year renewal of software licensing and support for Munis ERP Financial, Human Resources, and Payroll system in the amount of $76,760.8.
ITEMS REMOVED FROM THE CONSENT CALENDAR
1. City Council Minutes
Cathy Schlicht, M.V.: Thanked Mayor Pro Tem Kelley for pulling this item off the Consent Calendar. She questioned that the voting screen showed that Mayor Goodell abstained from item 37 but the minutes reflect recusal of the item. She stated that the public has a right to know the legal reason for the conflict of interest of the Mayor.
City Attorney Curley explained the difference between abstention and a recusal.
Motion made by Mayor Pro Tem Kelley, seconded by Council Member Bucknum, to approve the Minutes for the regular City Council Meeting of August 22, 2023, as presented.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
ABSTAIN: Mayor Goodell
16. Contract Renewal with Mercy House Living Centers for Homeless Outreach Services
Mayor Pro Tem Kelley highlighted the contract renewal and introduced and thanked South County Outreach Manager Carol Sullivan, Lead Outreach Coordinator Detrice Young.
Motion made by Mayor Pro Tem Kelley, seconded by Council Member Bucknum, to approve a contract with Mercy House Living Centers (A23- 52) for Homeless Outreach Services for $95,096.
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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. Olympiad Road at Lake Mission Viejo Entrance Pedestrian Crossing (CIP 24259)
Director of Public Works Mark Chagnon gave the staff report.
Motion made by Mayor Goodell, seconded by Mayor Pro Tem Kelley, to (1) award a Professional Services Consultant Team (PSCT 23- 1) contract to ADVANTEC Consulting Engineers, Inc. (ADVANTEC); and (2) authorize issuance of a purchase order to ADVANTEC, in an amount not to exceed $49,405.00 for design services for the subject project.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
NEW BUSINESS
20. Revisions to City of Mission Viejo Personnel Policies
Human Resources Manager Monique Goetz presented the staff report.
Motion made by Council Member Bucknum, seconded by Mayor Pro Tem Kelley, to adopt Resolution 23-36 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
21. Orange County Local Agency Formation Commission (LAFCO) Report Received report from Council Member Bucknum.
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22. Southern California Association of Governments (SCAG) Report Received report from Council Member Bucknum.
CITY MANAGER REPORTS
23. City Representation at the PanAm Sports General Assembly in Santiago, Chile
City Manager Dennis Wilberg gave a report.
Cathy Schlicht, M.V.: Stated that the City Attorney sho uld have corrected the record at the time the vote was taken at the last meeting. Stated she stand by all her previous comments. She expressed her disagreement for this trip without a formal staff report. She doesn’ t feel that these are Nations that will make return trips to our City for tourism. She asked that we take care of our American athletes.
Council Member Vasquez suggest a little bit more research and strategic planning should be conducted on the various teams.
Motion made by Council Member Bucknum, seconded by Mayor Pro Tem Kelley to r atify Mayor Goodell's attendance to represent the City at the PanAm Sports General Assembly in Santiago, Chile to be held October 17 - 22, in lieu of the July 11, 2023 City Council attendance approval for the Oceania National Olympic Committee's (ONOC) Pacific Games in the Solomon Islands.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, and Ruesch
NOES: Vasquez
ABSENT: None
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 announced that she will have a report at a future meeting on the So. Cal Sober Living and Recovery Task Force. She indicated that at the next task force meeting there will be a discussion on budget and cost-sharing of the expenses associated with the task force. She shared that she has attended many concerts on the Lake and the many events around the City and she encourages residents to take advantage of all these events on the City’s website and envisionmv.com.
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Council Member Bucknum commented that the fireworks at the last concert on the Lake was spectacular and suggested partnering with the Lake on partnering for July 4. She apologized that she was unable to attend the September 11 Ceremony. She spoke on the tragic event that happened at Cook’s Corner and that one of the casualties was John Lahey was a friend of hers and asked if the Mayor would adjourn the meeting in his memory.
Council Member Ruesch
Council Member Ruesch attended many Chamber of Commerce Events. He highlighted the Saddleback Church Community Prayer Gathering at Cook’s Corner which was very moving and he attended the City’s September 11 Ceremony. Council Member Ruesch also attended the Orange County Fire Authority September 11 Ceremony and showed a short video of the Ceremony.
Council Member Vasquez
Council Member Vasquez expressed that she is a survivor of 9/11. She has turned 24 one week before and 22 years later she thanked everyone for continuing to remember and she appreciates that so many don’t forget. Council Member Vasquez announced that Carl Hankey Elementary has a new tutoring program which involves Capo Valley Highschool students that provides them with service hours. She thanked Mark Nix for his help in organizing this program. She announced that the fence installatio n has started at Napoli Park. Council Member Vasquez mentioned that her family went on a Disney Cruise and had a relaxing time and that she is now getting caught up on emails with constituents. Lastly, she announced that Girl Scouts is back and her daughter is now a second grade Brownie and they are hoping to do more community service projects this year.
Mayor Pro Tem Kelley
Mayor Pro Tem Kelley gave a shout out to staff that participated in the Patriots Day Ceremony to commemorate 9/11. She attended the ribbon cutting at Xclusive Mexican Seafood Restaurant and commented that it is very good. She also attended the ribbon cut ting Bright Star Care along with Council Member Ruesch and Mayor Goodell. This past Sunday Heritage Point Senior Center held a Grandparents Day Celebration that she and Council Member Ruesch also attended. She stated that the morning of this celebration he r daily bible verse was Proverbs 17:6 “Grandchildren are the Crown of the Aged”. Mayor Pro Tem Kelley asked if we could collaborate with other Orange County Cities along with Assemblywoman Sanchez and Senator Blakespear to change the climate designation that the California Public Utilities Commission (CPUC) has assigned to the Saddleback Valley Cities from a Coastal Zone to an Inland Temperate Zone for electrical rates. She stated we have had complaints with the electric companies in the past. Lastly, she announced that the Character Word of the Month is Responsibility, and the movie A Man Called Otto will be shown in the Council Chamber on September 17.
Mayor Goodell
Mayor Goodell commented that he attended OCCOG Board of Directors Meeting, CalCities Division Meeting, Hoag Health Center in Dove Canyon, meeting with Assemblywoman Sanchez.
He attended a city presentation with the Casta del Sol B oard Meeting which was informative and a very large turnout. He and Council Member Ruesch attended the Beam Signing of the City of Hope
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Cancer Hospital in Irvine Spectrum and commented that it is great to have more resources in our South County Community. He als o attended the ribbon cutting ceremonies that were previously mentioned and attended the Patriots Day Ceremony yesterday. Lastly, he mentioned he is working on onboarding an intern who is a senior at UCLA and he looks forward to working with him.
ADJOURNMENT
At the hour of 8:42 p.m., with no further business to come before the City Council at this session, Mayor Goodell adjourned the meeting in memory of John Lahey to Tuesday, September 26, 2023, at 5:00 p.m.
______________________________________
Kimberly Schmitt, City Clerk
Approved at the meeting of September 26, 2023